Agenda packet — Modesto City Council, March 4, 2025 (part 2 of 3)

which the department provides mutual aid, such as Lightning Complex Fires, Bonny Fire, Park Fire, and Eaton Fire. The wear and damage incurred while responding to these large-scale incidents results in higher costs for additional inspections and repairs. Additionally, the overall cost of PPE has increased, making routine replacement and repairs more expensive than in the past. This impact requires an additional amount of $200,000 to ensure sufficient funds through the end of the Agreement, through June 20, 2027. Under the First Amendment, the new estimated annual amount will be $90,000, with a total amount not to exceed $450,000 over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in 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 it increase efficiency and avoid delays or disruptions to City projects or services. This amendment increasing the total amount is necessary to ensure sufficient funds through the end of the Agreement.

FISCAL IMPACT:

Recent expenditures for the furnishing of PPE Cleaning, Inspection and Repair Services under the current agreement are listed below. The additional funds needed for this amendment are budgeted within the Suppression Cost Center of the General Fund (0100-18210-52160).

Fiscal Year Suppression
Cost Center Total
FY 22/23 0100-18210-
52160
$54,714
FY 23/24 0100-18210-
52160
$68,752
FY 24/25 (to date) 0100-18210-
52160
$61,818
Grand TOTAL $185,284
COMMITTEE RECOMMENDATION:

On February 10, 2025, this item was presented to the Safety and Communities Committee, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a First Amendment with Scotts PPE Recon Inc., for Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services increasing the Agreement amount by $200,000 to a revised estimated annual amount of $90,000 and a total amount not to exceed $450,000 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.
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City Council, March 4, 2025
First Amendment to Agreement with Scott’s PPE Recon, Inc. for Personal Protection Equipment

Page 3 of 3 ends

Approved by:

Kevin Wise, Fire Chief
Joseph P. Lopez, City Manager
Attachments

1. Resolution

2. First Amendment

3. Original Signed Agreement
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MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING A FIRST AMENDMENT WITH SCOTTS PPE
RECON INC., FOR PERSONAL PROTECTION EQUIPMENT (PPE)

CLEANING, INSPECTION AND REPAIR SERVICES INCREASING THE AGREEMENT AMOUNT BY $200,000 TO A REVISED ESTIMATED ANNUAL AMOUNT OF $90,000 AND A TOTAL AMOUNT NOT TO EXCEED $450,000

OVER FIVE YEARS AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, the Modesto Fire Department outfits personnel with various items of Personal Protection Equipment (PPE) to protect the department’s fire suppression personnel from both known and unknown occupational safety and health hazards; and WHEREAS, most individual PPE items have a set service life according to the National Fire Protection Association’s (NFPA) standards. Based on industry studies and internal risk assessments, the department’s PPE implementation has been standardized throughout the department to ensure firefighter safety and uniformity; and WHEREAS, on June 14, 2022, by Resolution 2022-272, City Council approved an agreement with Scotts PPE Recon, Inc. for a period of two (2) years, with three (3) one-year extension options, for a total of up to five (5) years. The current Agreement provides that the cost of the Agreement shall not exceed $250,000 over five years; and WHEREAS, in September of 2022 City of Modesto entered a contract for services with Salida, increasing the department’s staffing, service area and call volume; and
WHEREAS, since 2022, there have also been a number of large fire incidents within the department’s service area such as 12th Street Fire and Janopaul Pallet Fire, and incidents for which the department provides mutual aid, such as Lightning Complex Fires, Bonny Fire, Park Fire, and Eaton Fire. The wear and damage incurred while #4..
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responding to these large-scale incidents results in higher costs for additional inspections and repairs; and
WHEREAS, the overall cost of PPE has increased, making routine replacement and repairs more expensive than in the past. This impact requires an additional amount of $200,000 to ensure sufficient funds through the end of the Agreement, through June 20, 2027; and
WHEREAS, under this First Amendment, the new estimated annual amount will be $90,000, with a total amount not to exceed $450,000 over five (5) years; 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 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 it increase efficiency and avoid delays or disruptions to City projects or services. This amendment increasing the total amount is necessary to ensure sufficient funds through the end of the Agreement.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment with Scotts PPE Recon Inc., for Personal Protection Equipment (PPE) Cleaning, Inspection and Repair Services increasing the Agreement amount by $200,000 to a revised estimated annual amount of $90,000 and a total amount not to exceed $450,000 over five years.
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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 4th day of March 2025, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:

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

BY:

JOSE M. SANCHEZ, City Attorney
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1 FIRST AMENDMENT TO THE AGREEMENT

FOR PPE CLEANING, INSPECTION, AND REPAIR SERVICES WITH SCOTTS PPE RECON INC.

This FIRST AMENDMENT to the AGREEMENT FOR PPE CLEANING, INSPECTION, AND REPAIR SERVICES (“FIRST AMENDMENT”), made and entered into in the City of Modesto, State of California, this ________ day of _____________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY , and Scotts PPE Recon Inc., Lodi, Ca, hereinafter collectively referred to as CONTRACTOR.

This FIRST AMENDMENT is made with reference to the following recitals:

A. A Purchase Agreement NO. 220444, hereinafter referred to as AGREEMENT was entered into by and between CITY and CONTRACTOR on the 14th day of June 2022 to provide PPE Cleaning, Inspection, And Repair Services.

B. The AGREEMENT provides that the cost of the AGREEMENT shall not exceed $250,000 over five years based on RESO 2022-272.

C. The CITY has required an additional need for uniform cleaning, inspection, and repair due to an increase in staffing, and estimates that an additional amount of $200,000 will be needed to ensure sufficient funds through the end of the AGREEMENT, dated June 20, 2027.

D. CITY and CONTRACTOR now desire to memorialize the change to the terms of the AGREEMENT with this FIRST AMENDMENT.

NOW, THEREFORE, the parties hereto mutually agree to the following:

1. “SCOPE OF WORK”, Section c, Paragraph 1, of the Original Agreement shall be replaced in its entirety with the following: “CONTRACTOR shall furnish said services at the following contracted rates, for an estimated annual amount of $90,000 and a not to exceed #4..
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2 amount of $450,000 over five (5) years:”

2. Except as modified and amended by this FIRST AMENDMENT, all other provisions of the Purchase 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 by its City Manager and attested by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ________ day of ___________, 2025, and Scotts PPE Recon Inc., has caused this First Amendment to be duly executed.
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1 ANNUAL AGREEMENT NO. 220444
SCOTTS PPE RECON INC.

FOR PPE CLEANING, INSPECTION, AND REPAIR SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Scotts PPE Recon Inc., hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-_____ authorizing the award of bid and agreement for the furnishing of PPE CLEANING, INSPECTION AND REPAIR SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof; and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof; and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of PPE CLEANING, INSPECTION AND REPAIR SERVICES as described in RFB 2122-34, attached hereto as Exhibit “C” and made a part hereof; and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish PPE CLEANING, INSPECTION AND REPAIR SERVICES insofar as such scope of services are specified in Exhibit “C”, and in strict accordance with the conditions of this complete Agreement.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall furnish said services at the following contracted rates, for an estimated annual amount of $50,000 and a not to exceed amount of $250,000 over five (5) years:

AGREEMENT PRICING
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272
14th
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2 Item Description Unit Unit Price
Inspection
Outer shell material Each $9.00
Moisture barrier Each $6.00
Thermal liner Each $6.00
Structure helmets Each $5.50
Structure boots Pair $10.00
Structure gloves Pair $1.50
Structure flash hoods Each $1.50
Laundering/Cleaning
Structure Coat Each $17.00
Structure Pant Each $16.00
Wild land Coat Each $8.00
Wild land Pant Each $8.00
EMS ensemble Each $19.00
Structure helmets Each $13.50
Structure boots Pair $24.00
Structure gloves Pair $4.00
Structure flash hoods Each $2.00
Additional Services
Alterations
Item Description Unit Unit Price
Increase hem length Each $150.00
Decrease hem length Each $125.00
Increase sleeve length Each $125.00
Decrease sleeve length Each $115.00
Increase waist size Each $125.00
Decrease waist size Each $115.00
Increase inseam length Each $125.00
Decrease inseam length Each $115.00
Extension Panel w/ outer shell material,
moisture barrier and thermal liner Each $75.00
Additional Services
Installation/Removal/Repair
Item Description Unit Unit Price
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3 Remove letter patch Each $5.00
Mask pouch (sewn on) Each $45.00
Mic tab Each $11.00
Flashlight holder w/ Mic Tab combination Each $21.00
Hanging D ring Each $17.00
Thumb loop Each $5.00
hanging ring (2” diameter) Each $20.00
Steam channel knee Each $48.00
Sleeve cuff Each $30.00
Pant cuff Each $40.00
Small patch Each $10.00
Medium patch Each $15.00
Large patch Each $25.00
Bar tack Each $5.00
Rivets Each $2.00
Snaps Each $3.50
Zipper closures Chest Each $31.00
Zipper closures Fly Each $12.00
Hook and loop closures Chest Each $37.00
Hook and loop closures Fly Each $21.00
Hook and loop pockets Each $22.00
Trim sleeve Each $25.00
Trim chest Each $60.00
Trim hemline Each $60.00
Trim radio pocket Each $12.50
Trim mask pouch Each $20.00
Liner patch – moisture barrier Each $15.00
Liner patch – thermal liner Each $15.00
Additional Services
Manufacture
Item Description Unit Unit Price
Letter Patch w/ Heat seal letters Each $22.00
Mask pouch (sewn on) - 4” x 9” x 15” Each $45.00
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4 Semi-expansion pocket - 2” x 9” x 8” (Coat) Each $45.00 Expansion Cargo, full below - 2” x 10” x
10” (Pant) Each $45.00
Radio pocket w/ Mic Tab combination w/
double notch closure flap - 2” x 3.5” x 7” Each $55.00
Mic Tab Each $11.00
Flashlight holder w/ Mic Tab combination Each $16.00
NOMEX® hand and wrist guard w/ Thumb
loop Each $15.75
Hanging D ring Each $15.00
Standard Knee of specified turnout (Globe®
GXtreme) Each $45.00
Steam channel knee Each $40.00
Nomex embroidery Each $7.50

2. CITY REPRESENTATIVE:

Department Contact: Aurelia Harris, Administrative Analyst, (209) 572-9892 Purchasing Contact: Carol Wattle, Buyer, (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to this Agreement, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

CONTRACTOR Contact: Ralph A. Scott, President, (209) 810-3799, [email protected]

4. TERM OF AGREEMENT:

The term of this 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: June 21, 2022 through June 20, 2023
Year 2: June 21, 2023 through June 20, 2024
Year 3: June 21, 2024 through June 20, 2025
Year 4: June 21, 2025 through June 20, 2026
Year 5: June 21, 2026 through June 20, 2027
Pricing as set forth in Section 1.c. above shall remain firm for the first two (2) years of this Agreement.

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5 Pricing will remain firm for the first two (2) years of this Agreement. Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

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

Price increases (other than fuel) for subsequent Agreement years three (3) through five (5) shall not exceed the Consumer Price Index (CPI) in any one (1) Agreement year and shall be negotiated through the Purchasing Division. Request for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

5. LIABILITY INSURANCE:

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 Risk Management of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
a) General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR’s and sub-contractors; products and completed operations as applicable.

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6 b) Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
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.

If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager via PINS for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of 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, Professional Liability.

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

CONTRACTOR’s insurance policy(es) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best’s rating of A:VII or with approval of the Risk Manager. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the CITY prior to the time agreement is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of CITY’s additional insured status required herein (both general and automobile liability) as well as a DocuSign Envelope ID: 8B56CB05-A0AD-44B2-802D-47E7988BF2A9 #4..
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7 separate endorsement for the Workers’ Compensation insurer’s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

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

6. PAYMENT:

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the CITY, and receipt of a properly prepared invoice. 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 protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

At a minimum, invoices shall state the following:
 Reference Agreement #: 220444
 CITY department/division name and address
 Billing period
 Service hours worked day and week
 Unit price, extended price, sales tax and total

7. INDEMNITY:

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8 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. ARBITRATION:

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, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

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9 Proofs of insurance (approved by Risk Management); and Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

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

Termination by CITY for Convenience
The CITY may also terminate the CONTRACTOR's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the work make it impossible or impracticable to proceed, or when theCITYis prevented fromproceedingwith this Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the CITY that such termination is in the best interest and convenience of the CITY, or whenever the CITY is prohibited from completing the work for any reason.

TheCITY shall provide no lessthan ten (10) calendar day’s written notice of its intent to terminate this Agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the 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, sub-contractors and agents are notified of such termination and act as specified in the notice of termination; DocuSign Envelope ID: 8B56CB05-A0AD-44B2-802D-47E7988BF2A9 #4..
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10 b. Terminate all orders and sub-contractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such sub-contractors but in no event shall recovery by any CONTRACTOR or sub-contractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates,summaries and such other information and material as mayhave been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR's work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

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11 CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the work such as subcontractor agreements or contracts for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the 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.

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

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this Agreement and the following documents which are incorporated herein by this reference:

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12 a. Resolution No. 2022-_______;
b. CONTRACTOR submittal;
c. RFB No. 2122-34
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. 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: Ralph A. Scott
Scotts PPE Recon Inc.
827 Black Diamond Way, Bldg. C
Lodi, CA 95240
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator (ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this Agreement.

16. ASSIGNMENT:

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13 Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. 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.

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this Agreement.

20. 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 proposal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this agreement. No future waiver or exception to any of the terms, conditions, and provisions of this agreement shall be considered valid unless specifically agreed to in writing by all the parties.

21. 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.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this agreement in duplicate by its City Manager and attested by its City Clerk under authority of DocuSign Envelope ID: 8B56CB05-A0AD-44B2-802D-47E7988BF2A9 #4..
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14 Resolution No. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of ______________, 2022 and Scotts PPE Recon Inc. has caused this Agreement to be duly executed.

DocuSign Envelope ID: 8B56CB05-A0AD-44B2-802D-47E7988BF2A9 272 14th June
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

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

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

BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: 8B56CB05-A0AD-44B2-802D-47E7988BF2A9 SCOTTS PPE RECON INC.

Ralph A. Scott
94-3379948
President
Kim Scott DeBerry vice President
6/22/2022
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 4, 2025
Date: February 11, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Portable Toilet Rental Services Agreements
CONTACT: John Skeel, Recreation and Neighborhood Services Manager, [email protected] 209-577-5216
DESCRIPTION:

Consider approving the Agreements for Portable Toilet Rental Services to United Site Services, Inc. of Modesto, CA and Clean Site Service of Highlands, CA for a total combined amount not to exceed $655,770 over five years. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The City of Modesto requires the use of portable toilet rental services on a regular basis across multiple departments. The uses range from temporary services for construction projects, special events such as Celebration of Lights Parade and Earth Day, to regular monthly service at the Mary Grogan Soccer Complex and Dryden Golf Course. The needs for these services include, but are not limited to, compliance with health and safety codes for personnel, providing Americans With Disabilities Act (ADA) accessible units on sites where ADA accessibility does not exist, and increasing the count of available units to meet the demand of high use facilities and locations.

On April 28, 2020, under Resolution 2020-194, Council approved an Agreement with United Site Services of California, Inc., of Modesto, CA (‘United”) as the primary supplier for daily, weekly, and monthly rentals and the secondary supplier for yearly rentals to Sun Valley Portable Restrooms, Inc. of Turlock, CA (Sun Valley) for a total amount not to exceed $274,440 for over 5 years.

On April 13, 2021, under Resolution 2021-135, Council approved the First Amendment to the Agreement for a portable ADA restroom trailer to increase the amount $91,210 from $274,440 to a new total amount of $365,360 over the term of the agreement. #5..
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City Council, March 4, 2025
Portable Toilet Rental Services Agreements

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On January 10, 2023, under Resolution 2023-016, Council approved the Second Amendment to the Agreement to increase the amount $217,600 to a new total amount of $583,250 over the term of the agreement to account for the increased portable usage due to the Dryden Golf Course Clubhouse fire.

On February 6, 2024, under Resolution 2024-038, Council approved the Third Amendment to the Agreement to increase the amount by $35,000 to a new total amount of $618,250 over the term of the agreement.

DISCUSSION:

Council approved the continued use of outside contractor services with the City’s 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

On September 19, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for Portable Toilet Rental Services. On October 28, 2024, the Purchasing Division issued an Invitation for Bids (IFB) No. 2324-69RB for portable toilet rental services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online which included two (2) local vendors and via email of the bid opportunity. Twelve (12) companies downloaded the IFB document from PlanetBids.

On November 19, 2024, bids were formally opened in the City Clerk’s Office and broadcast via Microsoft Teams via Livestream. Two (2) chose to respond, there was one (1) local bid received. Based on providing the two (2) only responses and responsible bids, City staff recommended to award the Portable Toilet Rental services to United Site Services of California, Inc., Modesto, CA as the primary and Clean Site Service, North Highland, CA as the secondary for a two (2) year agreement with three (3) one-year extension options for a total combined estimated annual cost not to exceed $131,154 and $655,770 over five years. Selecting a primary and secondary provides a backup against services interruptions if the primary is unable to provide the rental services based on the demand of the City. United Site Services will be the primary supplier, with an agreement in the estimated amount of $118,080 annually, and not to exceed $590,400 over five years. Clean Site Services will be the secondary supplier, with an agreement in the estimated amount of $13,074 annually, and not to exceed $65,370 over five years. The Finance Director will have the authority to adjust the amounts of the two agreements, subject to the combined not to exceed amount.

The past five years of portable toilet rental services have had an elevated usage due to a fire at the Dryden Golf Course Clubhouse. A new clubhouse is anticipated to reopen in late 2026, reducing the new agreement usage after Year 2.

Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8- 1 Categories
96100-Miscellaneous Services, No. 1 (Not Otherwise Classified) 96200-Miscellaneous Services, No. 2 (Not Otherwise Classified) 96257-Moving: House, Portable Building, Etc.
96871-Solid Or Liquid Waste Disposal (Including Management Services) (See 926-45 For Hazardous Waste Disposal) 97773-Toilets And Showers, Portable, Rental Or Lease
98300-Rental Or Lease Services Of Clothing, Janitorial, Laundry, Lawn, Painting, Spraying, Laboratory And Textile Equipment 43500-Germicides, Cleaners, And Related Sanitation Products For Health Care Personnel #5..
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City Council, March 4, 2025
Portable Toilet Rental Services Agreements

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3.203 City staff recommends the award of bid for the portable toilet rental services to United Site Services of California, Inc., Modesto, CA and Clean Site Service, North Highlands, CA.

FISCAL IMPACT:

Sufficient funds are budgeted in the Fiscal Year (FY) 2024-25 to cover the cost for this agreement. The spending history under the prior portable toilet rental services and the new agreement estimated annual amounts and budgeted amounts per fund are provided below.

Current Agreement Terms Total Amount Released
Year 1 $ 57,516
Year 2 $ 210,019
Year 3 $ 167,141
Year 4 $ 160,903
Year 5* $ 144,454
Total $ 740,033
*Year 5 includes eight months of actual spending and four months of estimated monthly spending based on averages from Year 1 through Year 4.

New Agreement Terms Estimated Annual
Amount
Year 1 $ 131,760
Year 2 $ 131,760
Year 3** $ 123,815
Year 4** $ 130,625
Year 5** $ 137,810
Total $ 655,770
**Year 3, Year 4, and Year 5 include a 5.5% Consumer Price Index increase.

Budgeted funds are allocated based on pricing established in IFB No. 2324-69RB with a total anticipated cost of $655,770.

Fund Budgeted Amount
General Fund - MFD $ 56,628
General Fund - MPD $ 16,027
General Fund - PRN $ 231,807
Public Works Enterprise Funds $ 42,738
Utilities Enterprise Funds $ 244,463
Various Funds - General City Use $ 64,107
TOTAL NOT TO EXCEED $ 655,770
COMMITTEE RECOMMENDATION:

This item was reviewed by the Safety and Communities Committee on February 10, 2025, and the Committee recommended forwarding the item to Council for approval. #5..
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City Council, March 4, 2025
Portable Toilet Rental Services Agreements

Page 4 of 4 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Bid and Agreements for Portable Toilet Rental Services to United Site Services Inc., Modesto, CA and Clean Site Service, North Highlands, CA for a two (2) year Agreement with three (3) one-year extension options, for an annual estimated amount of $131,154 and a total amount not to exceed $655,770 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.

Approved by:

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

1. Resolution

2. Agreement - United Site Services of California, Inc.

3. Agreement - Clean Site Service

4. Cost Abstract

5. IFB 2324-69RB City Document

6. IFB from United Site Services of California, Inc. with Financial Interest Disclosure Form

7. IFB from Clean Site Services with Financial Interest Disclosure Form #5..
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03/04/25/PRN/JRogers/Item XX 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENTS FOR PORTABLES TOILET RENTAL SERVICES TO UNITED SITE SERVICES INC.,

MODESTO, CA AND CLEAN SITE SERVICES, NORTH HIGHLANDS, CA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED AMOUNT OF $131,154 AND A TOTAL AMOUNT NOT TO EXCEED $655,770 OVER FIVE YEARS; AND

AUTHORIZING THE DIRECTOR OF FINANCE TO ADJUST AGREEMENT TOTALS BETWEEN VENDORS BASED ON CONTRACTOR’S AVAILABILITY AND DEPARTMENT’S NEEDS, ENSURING THE COMBINED TOTAL

AMOUNT DOES NOT CHANGE AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENTS
WHEREAS, the City of Modesto requires the use of portable toilet rental services on a regular basis across multiple departments, and
WHEREAS, the uses range from temporary services for construction projects, special events such as Celebration of Lights Parade and Earth Day, to regular monthly service at the Mary Grogan Soccer Complex and Dryden Golf Course; and WHEREAS, the needs for these services include, but are not limited to, compliance with health and safety codes for personnel, providing Americans With Disabilities Act (ADA) accessible units on sites where ADA accessibility does not exist, and increasing the count of available units to meet the demand of high use facilities and locations; and
WHEREAS, Council approved the continued use of outside contractor services with the City’s 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery; and
WHEREAS, on September 19, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for Portable Toilet Rental Services; and WHEREAS, on October 28, 2024, the Purchasing Division issued an Invitation #5..
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03/04/25/PRN/JRogers/Item XX 2 2025-XX
for Bids (IFB) No. 2324-69RB for portable toilet rental services on the City’s PlanetBids public bidding website, and
WHEREAS, two vendors responded and United Site Services, Inc., Modesto, CA and Clean Site Services, North Highlands, CA were responsible bidders; and WHEREAS, United Site Services will be the primary supplier and Clean Site Services will be the secondary supplier; and
WHEREAS, Modesto Municipal Code Section 8-3.203 requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid and IFB No. 2324-69RB conforms with this MMC based on providing the lowest responsive and responsible bid.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Award of Bid and Agreements for Portable Toilet Rental Services to United Site Services Inc., Modesto, CA and Clean Site Service, North Highlands, CA for a two (2) year Agreement with three (3) one-year extension options, for an annual estimate amount of $131,154 and a total amount not to exceed $655,770 over five years.

BE IT FURTHER RESOLVED that the Director of Finance or her designee, is hereby authorized to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute the Agreements, in a form approved by the City Attorney. #5..
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03/04/25/PRN/JRogers/Item XX 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of March, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ________________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL AGREEMENT FOR DAILY, WEEKLY AND MONTHLY PORTABLE TOILET RENTAL SERVICES (290501)
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and UNITED SITE SERVICES OF CALIFORNIA, INC., a corporation in California, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the PORTABLE TOILET RENTALSERVICES 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 PORTABLE TOILET RENTAL SERVICES as described in IFB 2324-69RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
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2 NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, 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 $118,038. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $590,190. 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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3 AGREEMENT PRICING
Equipment Description
Daily
Rental Rate
per unit
Weekly
Rental Rate
per unit
Monthly
Rental Rate
per unit
Yearly
Rental Rate
per unit
Standard Portable Toilet: Minimum 3 ft. x 3 ft. $65.00 $72.00 $80.00 $960.00 Standard Portable Toilet with Urinal: Minimum 4 ft. x 4 ft.
$65.00 $72.00 $80.00 $960.00
ADA Accessible Portable Toilets: Minimum 6 ft. x 6 ft.
(with full wheelchair accessibility)
$75.00 $83.00 $93.00 $1,116.00
ADA Hand Wash Station: Minimum 1 $75.00 $83.00 $93.00 $1,116.00 Portable Toilet with Sink: Minimum 4 ft. x 4 ft. $75.00 $83.00 $93.00 $1,116.00 Double Sided Handwash Station: Minimum of 2 sinks $65.00 $72.00 $80.00 $960.00 Delivery & Setup: Per order $60.00 $60.00 $60.00 $60.00 Additional Service on Weekdays: Price per unit per
service
$35.00 $35.00 $35.00 $35.00
Additional Service on Weekends: Price per unit per
service
$55.00 $55.00 $55.00 $55.00
Environmental Fees: Per order/delivery $Included $Included $Included $Included

ADDITIONAL SERVICES
Daily
Rental Rate
per unit
Weekly
Rental Rate
per unit
Monthly
Rental Rate
per unit
Yearly
Rental Rate
per unit
Short Notice (2 - Hour Advance Notice) $175.00 $175.00 $175.00 $175.00 Additional Pump Outs (In Additional to the Standard One (1) Day per Week) $35.00 $35.00 $35.00 $35.00
Standard Portable Toilet Unit Secured to a Trailer $90.00 $100.00 $120.00 $1,440.00 Weekends/Holiday Rates $300.00 $300.00 $300.00 $300.00
Emergency Service Pump Out $55.00 $55.00 $55.00 $55.00
Replacement Value of Standard Portable Toilet $1,500.00 $1,500.00 $1,500.00 $1,500.00 Replacement Value of Standard Portable Toilet with
Urinal $1,500.00 $1,500.00 $1,500.00 $1,500.00
Replacement Value of ADA Accessible Portable Toilets $3,000.00 $3,000.00 $3,000.00 $3,000.00 12Ft. ADA Restroom Trailer (3 – 7 units, as needed)* $870.00 $870.00 $4,000.00 $48,000.00 Storage Bins 10 Ft. (Optional) $235.00 $235.00 $300.00 $3,600.00 Storage Bins 15 Ft. - 20 Ft. (Optional) $470.00 $470.00 $600.00 $7,200.00 Multiple Unit Order Discount
(Example 10% per 20 units) 0% 0% 0% 0%
* Advanced booking required, Subject to availability
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4 2. CITY REPRESENTATIVE:

Mark Bolden, Buyer, (209) 571-5839 (m),
[email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Michael Reed, Key Government Account Mgr., (916) 261-4821(m), [email protected]

4. TERM OF AGREEMENT:

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

Year 1: APRIL 2, 2025 through APRIL 1, 2026
Year 2: APRIL 2, 2026 through APRIL 1, 2027
Year 3: APRIL 2, 2027 through APRIL 1, 2028
Year 4: APRIL 2, 2028 through APRIL 1, 2029
Year 5: APRIL 2, 2029 through APRIL 1, 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 #5..
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5 shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

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

5. LIABILITY INSURANCE:

During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

6. PAYMENT:

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

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
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6 At a minimum, invoices shall state the following:
 This AGREEMENT 290501
 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, except for claims arising from the willful or active negligence of the City. 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:

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.
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7 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 as immediately after the agreement administrator receives and has on file:
a. Proofs of insurance (approved by CITY Risk Manager); and b. Resolution No.2025-_______;
c. CONTRACTOR Bid submittal;
d. IFB No. 2324-69RB;
e. 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-performance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

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

Post-Termination Procedure
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8 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. Directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
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9 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:
j. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; k. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

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

13. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
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10 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 remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. Contractor's Responsibility for Damages:

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

17. NOTICES:

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

CONTRACTOR: Michael Reed
United Site Services of California, Inc.
118 Flanders Rd.

Westborough, MA 01581
(916) 261-4821(m)
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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12 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

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

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. FUNDING:

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

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

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
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13 22. 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.
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14 d. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

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

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

26. INDEPENDENT CONTRACTOR; NOT AGENT:

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

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

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

29. WAIVER:

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

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

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

33. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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17 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. 2025-_______, adopted by the Council of the City of Modesto on the ________ day of __________________, 2025 and United Site Services of California, Inc. has caused this Agreement to be duly executed. #5..
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18 Exhibit D:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

Additional Insured Status
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19 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

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

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #5..
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20 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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1 ANNUAL AGREEMENT FOR DAILY, WEEKLY AND MONTHLY PORTABLE TOILET RENTAL SERVICES (290502)
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and LANCE SOARES INC. dba CLEAN SITE SERVICE, a corporation in California, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the PORTABLE TOILET RENTALSERVICES 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 PORTABLE TOILET RENTAL SERVICES as described in IFB 2324-69RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
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2 NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, 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 $13,116. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $65,580. 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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3 AGREEMENT PRICING
Equipment Description
Daily
Rental Rate
per unit
Weekly
Rental Rate
per unit
Monthly
Rental Rate
per unit
Yearly
Rental Rate
per unit
Standard Portable Toilet: Minimum 3 ft. x 3 ft. $85.00 $85.00 $85.00 $1,020.00 Standard Portable Toilet with Urinal: Minimum 4 ft. x 4 ft.
$85.00 $85.00 $85.00 $1,020.00
ADA Accessible Portable Toilets: Minimum 6 ft. x 6 ft.
(with full wheelchair accessibility)
$140.00 $140.00 $140.00 $1,680.00
ADA Hand Wash Station: Minimum 1 $90.00 $90.00 $90.00 $1,080.00 Portable Toilet with Sink: Minimum 4 ft. x 4 ft. $90.00 $90.00 $90.00 $1,080.00 Double Sided Handwash Station: Minimum of 2 sinks $85.00 $85.00 $85.00 $1,020.00 Delivery & Setup: Per order $50.00 $50.00 $50.00 $600.00 Additional Service on Weekdays: Price per unit per
service
$40.00 $40.00 $40.00 $480.00
Additional Service on Weekends: Price per unit per
service
$175.00 $175.00 $175.00 $2,100.00
Environmental Fees: Per order/delivery $ N/A $ N/A $ N/A $ N/A

ADDITIONAL SERVICES
Daily
Rental Rate
per unit
Weekly
Rental Rate
per unit
Monthly
Rental Rate
per unit
Yearly
Rental Rate
per unit
Short Notice (2 - Hour Advance Notice) $250.00 $300.00 $300.00 $3,600.00 Additional Pump Outs (In Additional to the Standard One (1) Day per Week) $80.00 $80.00 $80.00 $960.00
Standard Portable Toilet Unit Secured to a Trailer $250.00 $250.00 $250.00 $3,000.00 Weekends/Holiday Rates $250.00 $250.00 $250.00 $3,000.00 Emergency Service Pump Out $250.00 $250.00 $250.00 $3,000.00 Replacement Value of Standard Portable Toilet $1,000.00 $1,000.00 $1,000.00 $1,000.00 Replacement Value of Standard Portable Toilet with
Urinal $1,000.00 $1,000.00 $1,000.00 $1,000.00
Replacement Value of ADA Accessible Portable Toilets $3,000.00 $3,000.00 $3,000.00 $3,000.00 12Ft. ADA Restroom Trailer (3 – 7 units, as needed) $1,800.00 $1,800.00 $1,800.00 $1,800.00 Storage Bins 10 Ft. (Optional) $N/A $N/A $N/A $N/A
Storage Bins 15 Ft. - 20 Ft. (Optional) $N/A $N/A $N/A $N/A Multiple Unit Order Discount
(Example 10% per 20 units) 0% 0% 0% 0%
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4 2. CITY REPRESENTATIVE:

3. CONTRACTOR CONTACT:

Joe Pereira, Government Sales, (916) 253-3900, (209) 823-6941(m), [email protected]

4. TERM OF AGREEMENT:

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

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 #5..
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5 shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

5. LIABILITY INSURANCE:

6. PAYMENT:

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
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6 At a minimum, invoices shall state the following:
 This AGREEMENT 290502
 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:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

11. TERMINATION OF SERVICES:

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

Post-Termination Procedure
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8 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. Directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
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9 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.

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
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10 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:

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. Contractor's Responsibility for Damages:

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

17. NOTICES:

CONTRACTOR: Joe Periera
Clean Site Service
6910 28th Street
North Highlands, CA 95660
(916) 253-3900
[email protected]
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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12 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

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

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. FUNDING:

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

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

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
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13 22. 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.
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14 d. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

26. INDEPENDENT CONTRACTOR; NOT AGENT:

27. DRUG FREE WORKPLACE:

28. ASSIGNMENT:

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

29. WAIVER:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

33. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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17 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. 2025-_______, adopted by the Council of the City of Modesto on the ________ day of __________________, 2025 and Lance Soares Inc. dba Clean Site Service has caused this Agreement to be duly executed. #5..
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18 Exhibit D:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

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

Additional Insured Status
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19 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #5..
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20 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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DATE: 11/27/2024 INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES

COST ABSTRACT
MODESTO, CA. NORTH HIGHLANDS, CA.

UNITED SITE SERVICES, OF CA., INC. CLEAN SITE SERVICE
Equipment Description
Daily
Rental Rate
per unit
Weekly
Rental Rate
per unit
Monthly
Rental Rate
per unit
Yearly
Rental Rate per
unit
Daily
Rental Rate
per unit
Weekly
Rental Rate
per unit
Monthly
Rental Rate
per unit
Yearly
Rental
Rate per
unit
Daily
Rental Rate
per unit
Weekly
Rental Rate
per unit
Monthly
Rental Rate
per unit
Yearly
Rental
Rate per
unit
Standard Portable Toilet: Minimum 3 ft. x 3 ft. $65.00 $72.00 $80.00 $960.00 $85.00 $85.00 $85.00 $1,020.00 Standard Portable Toilet with Urinal: Minimum 4 ft. x 4 ft. $65.00 $72.00 $80.00 $960.00 $85.00 $85.00 $85.00 $1,020.00 ADA Accessible Portable Toilets: Minimum 6 ft. x 6 ft.
(with full wheelchair accessibility) $75.00 $83.00 $93.00 $1,116.00 $140.00 $140.00 $140.00 $1,680.00 ADA Hand Wash Station: Minimum 1 $75.00 $83.00 $93.00 $1,116.00 $90.00 $90.00 $90.00 $1,080.00 Portable Toilet with Sink: Minimum 4 ft. x 4 ft. $75.00 $83.00 $93.00 $1,116.00 $90.00 $90.00 $90.00 $1,080.00 Portable Double Sided Sink: Minimum of 2 sinks $65.00 $72.00 $80.00 $960.00 $85.00 $85.00 $85.00 $1,020.00 Delivery & Setup: Per order $60.00 $60.00 $60.00 $60.00 $50.00 $50.00 $50.00 $600.00 Additional Service on Weekdays: Price per unit per
service $35.00 $35.00 $35.00 $35.00 $40.00 $40.00 $40.00 $480.00 Additional Service on Weekends: Price per unit per
service $55.00 $55.00 $55.00 $55.00 $175.00 $175.00 $175.00 $2,100.00 Environmental Fees: Per order/delivery $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 SUBTOTAL $570.00 $615.00 $669.00 $6,378.00 $840.00 $840.00 $840.00 $10,080.00

GRAND TOTAL FOR DAILY, WEEKLY, MONTHLY AND
YEARLY $8,232.00 $12,600.00
Note! Correction was made on Line Item 3 - Monthly Rental Rate per unit Column: Vendor (Clean Site Service) mistakenly omitted the decimal for the correct value of $140.00. #5..
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INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES
1 INVITATION FOR BIDS (“IFB”) NO. 2324-69RB
FOR

PORTABLE TOILET RENTAL SERVICES
BID OPENING: November 19, 2024 at 11:00 A.M.

CITY OF MODESTO CONTACT: Mark E. Bolden, Buyer
E-MAIL ADDRESS: [email protected]
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2 Table of Contents
NOTICE TO BIDDERS ............................................................................................................................. 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE ........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL BID REQUIREMENTS .......................................................................................................... 7 BID SUBMITTAL CHECKLIST ............................................................................................................. 15 BID FORM A - IFB ACKNOWLEDGEMENT .................................................................................. 16 BID FORM B – BIDDER COMPANY INFORMATION ................................................................... 20 BID FORM C - PRICING SCHEDULE .............................................................................................. 22 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS .......................... 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

1.2 REQUIRED LICENSES:................................................................................................................ 40 SAMPLE AGREEMENT ......................................................................................................................... 42 #5..
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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 portable toilet rental equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto - Multiple Departments .

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 November 19, 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. #5..
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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 # 2324-69RB
BID OPENING DATE: NOVEMBER 19, 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 one hundred twenty (120) days after the date set for the opening thereof.
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5 CALENDAR OF EVENTS
Event Date
IFB Issued October 28, 2024
Written Questions Due via Email November 06, 2024
Addendum Issued (if required) November 12, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, November 19, 2024 Contract Award Approximately December, 2024

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

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

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. #5..
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, November 19, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

URL:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%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 (if applicable)
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 elect to award by line item, by group, or by all items.  The City may award one or more agreement(s) to one or more Bidder(s) in order to provide adequate coverage to meet the City’s needs.

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9  The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
 The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

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

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

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

K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.
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10 L. BIDDER REPRESENTATION: Bidder represents that:
 Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work.  Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.  Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
 Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith.  Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

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

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

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

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

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (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
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13 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 (10) days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

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

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

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

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

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
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14 The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #5..
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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, if applicable

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.

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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 forty-five (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..
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17 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.

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
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18  Invoices reference numbers and corresponding amounts ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.

9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of 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.
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19 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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20 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):
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21 L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):
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22 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required 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.

PORTABLE TOILET RENTAL AND SERVICE
 The total cost shall include all charges associated with the rental of portable toilets including rental charges, service and maintenance charges, disposal, round trip transportation charges, taxes and fees, all toilet paper, seat covers, fresh deodorant, air sanitizer, hand sanitizer, water where applicable.

The Award of Bid will be for items 1-10
Equipment Description
Daily
Rental
Rate per
unit
Weekly
Rental
Rate per
unit
Monthly
Rental
Rate per
unit
Yearly
Rental Rate
per unit
1) Standard Portable Toilet: Minimum 3 ft. x 3 ft. $ $ $ $ 2) Standard Portable Toilet with Urinal: Minimum 4 ft.
x 4 ft.
$ $ $ $
3) ADA Accessible Portable Toilets: Minimum 6 ft. x 6
ft. (with full wheelchair accessibility)
$ $ $ $
4) ADA Hand Wash Station: Minimum 1 $ $ $ $
5) Portable Toilet with Sink: Minimum 4 ft. x 4 ft. $ $ $ $ 6) Double Sided Handwash Station: Minimum of 2
sinks
$ $ $ $
7) Delivery & Setup: Per order $ $ $ $
8) Additional Service on Weekdays: Price per unit per
service
$ $ $ $
9) Additional Service on Weekends: Price per unit per
service

10) Environmental Fees: Per order/delivery $ $ $ $
11) ePay (1% Discount off of total Bid if Option (A) is Chosen)
-$ -$ -$ -$
SUBTOTAL $ $ $ $

GRAND TOTAL FOR DAILY, WEEKLY, MONTHLY AND
YEARLY $
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23 ADDITIONAL SERVICES
Daily
Rental
Rate per
unit
Weekly
Rental
Rate per
unit
Monthly
Rental
Rate per
unit
Yearly
Rental Rate
per unit
Short Notice (2 - Hour Advance Notice) $ $ $ $
Additional Pump Outs (In Additional to the Standard
One (1) Day per Week)
$ $ $ $
Standard Portable Toilet Unit Secured to a Trailer $ $ $ $ Weekends/Holiday Rates $ $ $ $
Emergency Service Pump Out $ $ $ $
Replacement Value of Standard Portable Toilet $ $ $ $
Replacement Value of Standard Portable Toilet with
Urinal
$ $ $ $
Replacement Value of ADA Accessible Portable Toilets
$ $ $ $
12Ft. ADA Restroom Trailer (3 – 7 units, as needed) $ $ $ $ Storage Bins 10 Ft. (Optional) $ $ $ $
Storage Bins 15 Ft. - 20 Ft. (Optional) $ $ $ $
Multiple Unit Order Discount
(Example 10% per 20 units) %per %per %per %per
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: ________________________________
 Option B Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing: ___ Choose by checking () here.
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24 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 $
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27 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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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 thirty (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. 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)

N/A N/A

N/A N/A
Bidder Company Name:
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36 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

For the purposes of this IFB, “portable toilet rentals” or “portables” shall encompass all units and services requested and outlined below.

The City of Modesto is requesting Portable Toilet Rental Services for various well, tank sites, construction jobs, parades, fun runs, one day events and parks throughout the City.

The Contractor shall provide rental of portable toilets, handwash sink stations, delivery, and services as provided in the specifications to various City locations.

The units listed in the Pricing Schedule are defined as follows:

All portable toilets shall be enclosed with a door that can be locked from the inside and include a commode, urinal and dispensers for toilet paper and disposable paper seat covers. A padlock hasp or handle that will accept a padlock will be provided when requested by the City. The Contractor shall provide and maintain a written service log affixed to the inside of the portable toilet that lists the date of each service visit.

Units shall be delivered with the following items and ready for use:

Standard Toilet Minimum 3 ft. x 3 ft.

ADA Toilet Minimum 6 ft. x 6 ft. (with full wheelchair accessibility) Standard Portable Toilet with
Urinal Minimum 4 ft. x 4 ft.

Portable Toilet with Sink Minimum 4 ft. x 4 ft.

Portable Double Sided Sink Minimum of 2 sinks
ADA Hand Wash Station Minimum 1
Delivery and Set Up Per order
Environmental Fees Per order/delivery
Additional Service on Weekdays Price per unit per service Additional Service on Weekends Price per unit per service Toilet Paper
Seat Covers
Fresh Deodorant, Air Sanitizer
Water, where applicable (approximately 5 gallons)
Hand Sanitizer
Lock and Key or Combination Lock
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37 1.1 PORTABLE TOILET RENTAL DESCRIPTIONS

1. Portable toilets shall meet the American National Standard minimum requirements for non-sewered wastedisposal systems and all requirements set forth by the Stanislaus County Health Department.

2. ADA portable toilets shall be compliant with all American Disabilities Act (ADA) Regulations, including California Code, Title 24.

3. All Portable toilets installed at rental site locations shall be free from all defects which would present a danger to the health and safety of the public and be in good aesthetic appearance.

4. Any portable toilet that becomes a health or safety danger to the public or is in poor aesthetic appearance shall be replaced within twenty-four (24) hours of notification by City.

5. Short Term Rentals – Short term portable toilet rentals will not exceed seven (7) consecutive calendar days.

6. Long Term Rentals – Long term portable toilet rentals under the Agreement shall be billed on a monthly billing cycle and may be cancelled by the City with 24-hour notice to Contractor.

1.2 HAND WASHING STATIONS:

Ready-to-use hand washing stations are also desired for some, but not all, portable toilet locations. Hand washing stations should have soap, water, and paper towels and be double sided.

The City also desires that portable toilets be mounted on single axel trailers specifically designed for portable toilet use upon request. Trailers should be self-contained, meet Department of Transportation (DOT) regulations to be driven on the Highway, and include: off-road capable tires, vehicle hitches, vehicle electrical connection, removable tongues, and stabilizers. Trailers should also include guard rails and step(s) that reach one step above the ground. The vendor shall maintain the portable toilet units and trailer(s) in full working order. Units that cannot be repaired to usable condition on site must be replaced within seven (7) working days from notification.

1.3 DAMAGES:

Contractor shall immediately report any damage, defects, leaks, power outages, or any other problems or irregularities to the City Representative. Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its employees, agents, or representatives in connection with the performance of the Agreement. Contractor shall be solely responsible for the proper disposal of all waste water collected.

1.4 EMERGENCY CALLS:

The City will request emergency service under two circumstances:

1. Contractor fails to adequately service toilet during regular scheduled service leaving the toilet unusable.

This service will be provided at no cost to the City.

2. For reasons beyond the control of the Contractor, toilets requiring service in addition to the regularly scheduled service with less than twenty-four (24) hour notice will be charged at the emergency service rates listed in the Pricing Schedule. Contractor shall have the ability to receive and respond immediately to emergency calls 24-hour a day. Contractor response time is not to exceed two (2) hours for Emergency #5..
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38 calls.

1.5 DISPOSAL COST:

Contractor shall be responsible for the expense related to the proper and legal disposal of all water, refuse and debris generated or related to this work. Contractor shall dispose of all water, refuse, and debris at an approved disposal site. Upon request Contractor may be required to provide manifest.

1.6 RENTAL TERM:

Rental period shall begin upon delivery of the portable toilet units to the site. Long-term rental of portable toilets under this Agreement shall be on a month-to-month basis and may be cancelled by the City with 24-hour notice to the Contractor. The charges for long-term toilets that are cancelled during the course of a month shall be determined by prorating the amount based on the number of calendar days involved. Event rental portable toilets shall be charged on a rental period not to exceed seven (7) consecutive days.

1.7 SERVICE LOG:

The Contractor shall provide and maintain a written service log affixed to the inside of each portable toilet that lists the date of each service visit.

1.8 SERVICE HOURS:

The Contractor shall perform weekday service to the portable toilets only between the hours of 7:00 AM and 3:00 PM Monday thru Friday. The Contractor must also be able to perform weekend service on an as needed basis on Sundays by 6:00 AM. The City reserves the right to request service outside of these designated time windows with proper notice. Servicing of the portables shall include emptying the tanks/pump out, cleaning and sanitizing, restocking supplies and transporting waste from the property at Contractor’s expense.

1.9 ORDERING TOILETS:

The City is also soliciting pricing for ordering additional toilets at different levels of service. The categories are standard notice and short notice. The request for standard notice toilets shall be twenty-four (24)-hours in advance. The request for short notice toilets is a 2+ hour placement. Short notice toilet requests are primarily used by the Police Department for unforeseen events which require officers to remain on site for extended periods of time.

Toilets must be available for delivery at all hours of the day, every day of the year. The Contractor will be provided a list of City staff authorized to order toilets. Acceptance of unauthorized orders for portable toilets may result in delayed payment while the charge is being investigated.

1.10 PLACEMENT OF TOILETS:

The Contractor shall inform the City’s requesting department of delivery time and confirm placement prior to delivery of unit(s). The City and the Contractor will coordinate the placement of portable toilets to best accommodate intended users and to allow access for service by the Contractor. At the City’s direction, the Contractor shall secure portable toilets sited on solid or mulch with stakes or other attachments methods to prevent the unit from being tipped. No portable toilets sited on turf shall be staked. Contractor will not drive on grass and stick to paved roads unless explicit permission is given. #5..
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39 1.11 REMOVAL OF TOILETS:

The Contractor shall remove portable toilets rented by the City for special events within forty-eight (48) hours after the event closes. Long-term portable toilets shall be removed by the end of the third business day following notice of cancellation by the City.

The Contractor shall remove and replace damaged or vandalized units within four (4) hours after notification from the City between the hours of 7:00 AM to 3:00 PM.

1.12 ADDING TOILETS TO THE CONTRACT:

The City may add portable toilets to the Agreement, as needed, based on the City’s requirements. The cost per service for portable toilets added to the Agreement will be based on the cost per service quoted by the bidder for similar portable toilets listed in the Pricing Schedule.

1.13 MINIMUM ORDERS:

No “minimum order” bids are permitted. Bids indicating a minimum order will be rejected.

1.14 QUANTITIES:

Orders will be placed by City departments. The amount of the orders may vary. Orders will be placed on an as needed basis. The City does not guarantee a minimum quantity or dollar amount of orders.

1.15 MISCELLANEOUS ITEMS:

Miscellaneous items not listed herein may be purchased by the City, from the successful Contractor.

Miscellaneous items not listed on the Agreement, cannot be billed on the agreement.

1.16 PADLOCKS:

Portable toilet locations will be padlocked at the City’s discretion with keys and or lock combinations provided prior or at the time of delivery. Portable toilets provided under this Agreement will be furnished with installed padlock hasps, lock and key or combination lock at no additional charge whenever requested by the City.

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40 1.17 HOURS OF OPERATION:

At Contractor’s expense, Contractor shall maintain a telephone answering system and email address, which (at a minimum) provides eight (8) hours per day, five (5) days per week, from the hours of 8:00 AM to 5:00 PM for live portable coverage and order placement. Additionally, Contractor shall provide a contact name and phone number for 24-Hour and After Hours (emergency and/or weekend) services and assistance. *Account Representative Name:

Telephone Number:

Cell Phone Number:

Email Address:

AFTER-HOURS CONTACT
*After Hours Contact Name:

After Hours Telephone Number:

After Hours Email Address:

Contractor shall accommodate City with flexible schedules to meet each Department requirements due to facility structure and/or hours of operations. City and Contractor shall coordinate and agree upon the day(s) of the week and time of day for rental deliveries and service visits.

1.18 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. #5..
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INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES
41 1.19 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 (2) years of any agreement, which may be awarded pursuant to this IFB.

B. Price increases for subsequent agreement years three (3), four (4), and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

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

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data. #5..
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42 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 _________, 2025, 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. 2025-______ authorizing the Award of Bid and agreement for the PORTABLE TOILET RENTAL SERVICES to CONTRACTOR, attached
hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the PORTABLE TOILET RENTAL SERVICES as described in IFB 2324-69RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
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43 NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and
insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
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44 AGREEMENT PRICING
Equipment Description
Daily
Rental
Rate per
unit
Weekly
Rental
Rate per
unit
Monthly
Rental
Rate per
unit
Yearly
Rental Rate
per unit
1) Standard Portable Toilet: Minimum 3 ft. x 3 ft. $ $ $ $ 2) Standard Portable Toilet with Urinal: Minimum 4 ft.
x 4 ft.
$ $ $ $
3) ADA Accessible Portable Toilets: Minimum 6 ft. x
6 ft. (with full wheelchair accessibility)
$ $ $ $
4) ADA Hand Wash Station: Minimum 1 $ $ $ $
5) Portable Toilet with Sink: Minimum 4 ft. x 4 ft. $ $ $ $ 6) Double Sided Handwash Station: Minimum of 2
sinks
$ $ $ $
7) Delivery & Setup: Per order $ $ $ $
8) Additional Service on Weekdays: Price per unit per
service
$ $ $ $
9) Additional Service on Weekends: Price per unit per
service
$ $ $ $
10) Environmental Fees: Per order/delivery $ $ $ $

ADDITIONAL SERVICES
Daily
Rental
Rate per
unit
Weekly
Rental
Rate per
unit
Monthly
Rental
Rate per
unit
Yearly
Rental Rate
per unit
Short Notice (2 - Hour Advance Notice) $ $ $ $
Additional Pump Outs (In Additional to the Standard
One (1) Day per Week)
$ $ $ $
Standard Portable Toilet Unit Secured to a Trailer $ $ $ $ Weekends/Holiday Rates $ $ $ $
Emergency Service Pump Out $ $ $ $
Replacement Value of Standard Portable Toilet $ $ $ $
Replacement Value of Standard Portable Toilet with
Urinal
$ $ $ $
Replacement Value of ADA Accessible Portable Toilets
$ $ $ $
12Ft. ADA Restroom Trailer (3 – 7 units, as needed) $ $ $ $ Storage Bins 10 Ft. (Optional) $ $ $ $
Storage Bins 15 Ft. - 20 Ft. (Optional) $ $ $ $
Multiple Unit Order Discount
(Example 10% per 20 units) %per %per %per %per
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45 2. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Mark E. Bolden, Buyer, (209) 571-5839, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Name, Title, Contact Information

4. TERM OF AGREEMENT:

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

Year 1: April 2, 2025 through April 1, 2026
Year 2: April 2, 2026 through April 1, 2027
Year 3: April 2, 2027 through April 1, 2028
Year 4: April 2, 2028 through April 1, 2029
Year 5: April 2, 2029 through April 1, 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 CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
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46 Price adjustments for diesel fuel fluctuations may be considered. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.

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

5. LIABILITY INSURANCE:

During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendors are responsible for uploading and maintaining updated insurance.

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 (30) days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
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47 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:

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.
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48 9. ATTORNEYS’ FEES:

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2025-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-69RB;
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-performance. 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 the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.

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

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

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

12. COMPLIANCE WITH ALL LAWS:

13. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
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51 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:

15. CITY PROCESS/PROCEDURE APPROVALS:

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

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

17. NOTICES:

CONTRACTOR: __________________
__________________
__________________
__________________

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

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

18. SIGNATORY(IES) FOR CONTRACTOR:

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

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. FUNDING:

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

Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
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53 21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

22. 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. #5..
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54 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.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

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.

26. INDEPENDENT CONTRACTOR; NOT AGENT:

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

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

29. WAIVER:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

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

33. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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57 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. 2025-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed.

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: ____________________________

MATTHEW BRALEY,,
Risk Manager
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58 Exhibit D:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements.

The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
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59 Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #5..
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60 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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`
November 19, 2024
United Site Services, of California, Inc.
118 Flanders Rd,
Westborough MA 01581
Michael Reed,
Key Government Account Manager
[email protected]
Phone: +1 916-261-4821
Portable Toilet Rental Services
Invitation For Bids No. 2324-69RB
City of Modesto
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Charleston County Park & Recreation Commission
RFP # 2024-17
Pump-Out Services and Lease of Portable Toilets for Festival and Events
Technical Proposal
Technical Proposal RFP Number: PM032401
November 19, 2024
United Site Services of California, Inc
118 Flanders Rd, Westborough MA 01581
City Clerk’s office,
City of Modesto,
1010 Tenth Street, Suite 6600,
Modesto, CA 95354
United Site Services is the nation’s leading Site Services provider, leveraging a national footprint, providing the largest equipment fleet and deploying a standardized servicing methodology that ensures consistent quality and safety of on-site equipment use. For over 25 years, we have helped enable job and event site success, successfully managing the complex needs of construction, industrial, and agricultural sites, live events, government and emergency response scenarios. We are committed to transforming the Site Services industry by setting new standards in servicing of equipment and customer experience, and to making our customers on and off-site jobs easier. As the current provider of portable toilet services to the City of Modesto, United Site Services has extensive knowledge of the needs and expectations of the services requested.

Our team understands the City of Modesto is seeking a qualified Contractor to provide Portable Toilet Rental Services for various well, tank sites, construction jobs, parades, fun runs, one-day events and parks throughout the City.

Whether it’s a construction site, an outdoor event, or any other temporary location, United Site Services strives to provide the necessary facilities and services to support people’s well-being and productivity. Our team stands ready to provide world-class products, service, and support. We offer to work closely with your personnel to ensure that your service needs are met well into the future.

United Site Services offers a range of essential temporary services to meet various needs. Here are some of the services we provide:
• Temporary Fence: United Site Services offers prompt temporary fence rental, delivery, and installation. Temporary fencing helps secure job sites, events, and other locations, providing safety and control. • Portable Restrooms: United Site Services ensures access to clean and well-maintained portable restrooms. United Site Services offers a variety of options to suit different requirements. • Hand Hygiene Solutions: In addition to portable restrooms, United Site Services provides hand washing stations and sanitizing stations. Proper hand hygiene is crucial for health and safety, especially in high-traffic areas. • Portable Restroom Trailers: For larger events or extended use, United Site Services has restroom trailers equipped with amenities like sinks, mirrors, and lighting.
• Roll-off Dumpsters: Efficient waste management is essential. United Site Services provides roll-off dumpsters for easy disposal of construction debris, trash, and other materials.
• Holding Tanks: These tanks are used for waste storage and management, particularly in areas without sewer connections. • Temporary Power: When power is needed at temporary sites, United Site Services offers solutions to meet those requirements. • Hydroflow Sanitation System: These systems create a more sanitary and sustainable restroom experience with vacuum technology.

United Site Services’ commitment to exceptional customer service and reliable solutions makes us a trusted partner for various industries, including construction, agriculture, government, emergency response, and special events. You can count on United Site Services for all your site needs!
We wish to continue our relationship, providing you with the certainty that the temporary services in your facilities are functioning at their optimum level.

Sincerely,
Jeff Dunlop, USS Vice President
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INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES
15 BID SUBMITTAL CHECKLIST

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.

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INVITATION FOR BIDS # 2324-69RB

12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.
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INVITATION FOR BIDS # 2324-69RB

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

Signature/Title/Date:
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INVITATION FOR BIDS # 2324-69RB

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):
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INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES
21 L. City of Modesto
Business License
Number (note –
provide only if
available now - - but
not required until any
contract begins):
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INVITATION FOR BIDS # 2324-69RB

10) Environmental Fees: Per order/delivery $ $ $ $
11) ePay (1% Discount off of total Bid if Option (A) is Chosen)
-$ -$ -$ -$
SUBTOTAL $ $ $ $

GRAND TOTAL FOR DAILY, WEEKLY, MONTHLY AND
YEARLY $
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INVITATION FOR BIDS # 2324-69RB

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-69RB

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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INVITATION FOR BIDS # 2324-69RB

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES
27 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
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INVITATION FOR BIDS # 2324-69RB

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

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

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

10.03(h) are satisfied.

Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:
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INVITATION FOR BIDS # 2324-69RB

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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INVITATION FOR BIDS # 2324-69RB

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

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

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

Check here:

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

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

City of Modesto Business License
Number:

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

Print/Type Name:

Title:

Signature:

Date:
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INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES

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:

United Site Services of California, Inc.

Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:

United Site Services is a leading provider of temporary site services in the United States. Founded in 1999, United Site Services is a privately held company that has grown exponentially into the nation’s leader of temporary site services. As the largest provider of temporary site services across the country, United Site Services has the experience, equipment, personnel and servicing capabilities to meet the expectations of our customers for all of their temporary site service needs United Site Services as the nation’s leading Site Services provider, offers a comprehensive range of equipment and deploying a standardized servicing methodology that ensures consistent quality and safety of on-site equipment use. For over 25 years, we have helped enable job and event site success, successfully managing the complex needs of construction, industrial, and agricultural sites, live events, government and emergency response scenarios. We are committed to transforming the Site Services industry by setting new standards in servicing of equipment and customer experience, and to making our customers on and off-site jobs easier. Our Fleet includes portable restrooms, hand hygiene solutions, temporary fencing, trailer solutions, roll-off dumpsters, holding tanks, temporary power, and Hydroflow sanitation system. With a national footprint, the largest equipment fleet, and industry-leading safety and service standards, United Site Services has an unmatched ability to meet the unique needs of any site environment.

Industries We Serve
We provide support to approximately 115,000 active customers coast-to-coast, including a wide range of commercial and residential construction companies, Fortune 500 companies, and governmental agencies varying from emergency response #5..
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within FEMA and the urgent needs of the Department of Defense; from wildfire response within California’s Department of Natural Resources and the hurricane aftermath in Louisiana and Florida. We are proud to also be found at local Farmers’ Markets and Town Festivals across the United States and we celebrate all events with various universities, municipalities, school districts, and counties.

Each year United Site Services adds thousands of new units to its inventory to provide the best customer experience possible and we are committed to continue adding to our fleet as necessary to support our customer’s needs. We understand the demands associated with a wide range of requirements including proper planning, reliable service, timely delivery, rapid response, clean like-new restrooms and much more. We have the ability to deploy equipment quickly and the inventory to support large scale projects and emergency response.

Our fleet includes:
• 200,000+ Premium, American Disabilities Act (ADA) compliant, and handicap portable toilets throughout our 115+ branch locations nationwide
• 11,000+ temporary hand wash stations
• 2,100+ service, pick-up, and delivery vehicles800+ portable restroom trailers and shower trailers ranging from basic to elegant in many different sizes, strategically located at our trailer hubs across the US.

Customers We Serve
Servicing a Diverse Range of Sectors
• Commercial Construction: Skyscrapers, commercial buildings • Residential Construction: Residential developments, home renovations • Industrial: Maintenance, refineries, global energy companies • Events: Festivals, sporting events, weddings, marathons, inaugurations, backyard barbecues • Emergency Response: Natural disasters, crisis situations, pandemics • Agriculture: Wholesale nursery growers, fruit and vegetable producers • Government: Municipal projects, military bases, parks Comprehensive Range of Equipment
From portable toilets, hand washing stations,
temporary fence, roll off dumpsters, restroom &
shower trailers, Hydroflow sanitation system,
holding tanks, and temporary power, we offer endto-end solutions, streamlining processes and saving time and resources.
• Portable restrooms
• Hand hygiene solutions
• Temporary fencing
• Trailer solutions
• Roll-off dumpsters
• Holding tanks
• Temporary power
• Hydroflow sanitation system
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Our restrooms undergo a rigorous pre-delivery cleaning and inspection process before units are delivered. Our cleaning services are constantly evaluated to ensure their condition is satisfactory and includes maintenance, restocking of hygiene/paper products and periodic pumping and removal of waste/gray water.

Each year United Site Services adds thousands of new units to its inventory to provide the best customer experience possible and we are committed to continue adding to our fleet as necessary to support our customer’s needs. We understand the demands associated with a wide range of requirements including proper planning, reliable service, timely delivery, rapid response, clean like-new restrooms and much more. Our service technicians are trained in our leading 10-Point Service Plan that ensures consistent and safe sanitation services at every service location.

We are customer-centric. Our customers are at the center of all we do. United Site Services is unique and stands apart because we cover the largest footprint compared to many other site services companies. The closest competitor is 1/10th our size. We have an unmatched fleet, provide each customer with a dedicated account manager and a 24/7 customer service line which provides customers with a one-call resolution. United Site Services uses QR code technology to track the movement and servicing of our assets. Our service technicians are trained in our leading Uniform Service Plan that ensures consistent and safe sanitation services at every service location.

The United Site Services Difference:

Highly Trained Team
• Local roots backed with support from the Customer Care team at 1.800.TOILETS • Commitment to training and safety
Service Standards
• Rigorous 10-step service process performed on every unit • Standard service includes disinfecting every unit with EPA-approved chemicals • Consistency of service provided across all markets United Site Services serves • Ability to plan equipment deployment and service schedule to meet the unique needs of your site Sustainability
• Responsible waste disposal
• On-going maintenance and DOT compliance of our trucks • Commitment to meeting environmental standards
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INVITATION FOR BIDS # 2324-69RB

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

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

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

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

Bidder Company Name:
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INVITATION FOR BIDS # 2324-69RB

PORTABLE TOILET RENTAL SERVICES
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.

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:

United Site Services of California, Inc.

Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:

Pricing shall include the benefit of the Seller damage waiver program that covers all Damage occurred through any acts of god, or accidental structural damage to all portable restrooms, hand washing stations and holding tanks. EXCEPT (i) Buyer shall be liable for theft or disappearance of any Equipment and for any losses or damage resulting from any willful or negligent acts or omissions of Buyer or any of its agents, Buyers, or employees; and (ii) Buyer shall exercise all rights available under its insurance required by Section 9 hereof, and Buyer shall take all actions necessary to process and pursue all insurance claims. The Buyer shall not be responsible to Seller for any minor wear and tear under normal utilization and or any damage caused by Seller, and Buyer shall pay Seller the actual cost of repair or replacement of the Equipment. Buyer shall promptly notify Seller of any loss or damage to the Equipment and shall provide Seller with copies of all reports relating to same, including police reports, informal investigation reports, and insurance reports. This Damage Waiver does not apply to portable restrooms, hand washing stations and holding tanks contaminated with Hazardous Materials while in the Buyer’s possession. Seller is not responsible for damage caused to Equipment or otherwise when Seller performs at the Buyer’s direction including damage to delivery location and truck access path, except to the extent caused by Seller’s sole negligence or willful misconduct.
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INVITATION FOR BIDS # 2324-69RB

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

United Site Services of California, your current dedicated site service provider, is committed to providing top quality service. Our Modesto branch has been operating for over 20 years in the Modesto Central Valley area.

With a wealth of experience spanning decades, our team is intimately familiar with the City’s equipment and service needs. Our expertise extends to managing the nuances of your permanent facilities, transitional, events, and the coordination between office and field personnel.

Our local Modesto branch supporting the City Modesto is fully staffed with a team of 49 professional service technicians, eager to provide superior customer service Our fleet consists of service and delivery trucks, meticulously maintained and operated by uniformed professionals prioritizing safety above all. Our vehicles are equipped with advanced safety features such as backup cameras, interior monitoring systems, and driving sensors to ensure the safe arrival and operation of our team at your locations and events. We strictly adhere to our safety protocols at all times.

United Site Services is the only company in the U.S. with unparalleled experience in providing temporary restrooms and wastewater management services. We have over 25 years of experience providing sanitation equipment and services for disaster-related situations.

Leveraging this expertise, United Site Services will provide the City of Modesto, with a professional management team, highly experienced operational personnel and best-in-class service technicians. With over 120 locations across the United States, United Site Services provides over 20,000,000 services on an annual basis, using a fleet of over 2,000 service vehicles.

We provide support to approximately 115,000 active customers coast-to-coast, including a wide range of commercial and residential construction companies, Fortune 500 companies, and governmental agencies varying from emergency response within FEMA and the urgent needs of the Department of Defense; from wildfire response within California’s Department of Natural Resources and the hurricane aftermath in Louisiana and Florida. We are proud to also be found at local Farmers’ Markets and Town Festivals across the United States and we celebrate all events with various universities, municipalities, school districts, and counties. #5..
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i. Identify key personnel and their position within your organization.

The key personnel that will support City of Modesto projects are listed below:

Mr. Michael Reed, our esteemed Sector Account Managers, with an outstanding 9+ years of industry experience, will serve as your main point of contact. With robust support from our sales director, general manager, and the comprehensive operational team, including regional leadership, Michael stands out as a seasoned professional.

Jose Silva - Operations Manager working for United Site Services since 2007 Daniel Markkula - Operations Supervisor been with United Site Services since October 2019, before that work for the acquisition AA portables for over 20 years
Rebecca Gaither - Operations Coordinator working for United Site Services since October 2019 before that working for the acquisition AA portables for over 20 years
David Davidson - Service Technician been with United Site Services since October 2019 Javier Torres - Service Technician working with United Site Services since September 2019 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.

A summary of Key Personnel’s experience is submitted above. 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.

United Site Services is 100% self-performing.

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. #5..
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C. 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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INVITATION FOR BIDS # 2324-69RB

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

N/A N/A

N/A N/A
Bidder Company Name:
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 4, 2025
Date: February 4, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Rezone of 22.6 Acres from Specific Plan (SP) Zone to Planned Development Zone P-D(617)
CONTACT: Katharine Martin, Senior Planner [email protected] 209-577-5267 DESCRIPTION:

Hearing to consider approving the application of Lennar Homes of California LLC for the rezone of approximately 22.6 acres in the Kiernan Business Park Specific Plan from Specific Plan (SP) Zone to Planned Development Zone P-D(617). (Funding Source: Developer Funded) STRATEGIC PLAN ELEMENT:

The proposed rezone is consistent with the 2020-2025 Strategic Plan’s Area of Focus: Economic Vitality Goals and Strategies, Goal E. Drive Economic Vitality. Approval of the rezone to Planned Development Zone would facilitate the development of new residential units that would contribute to the City’s Regional Housing Needs and demand for housing in proximity to major employers within the Kiernan Business Park Specific Plan.

BACKGROUND:

The proposed rezone area is a portion of the Vesting Tentative Subdivision Map (VTSM) of The Bridges (Project ID: TSM-24-002) approved earlier by the Planning Commission at the regularly scheduled January 27, 2025 hearing, comprised of 189 small-lot residential lots of the tentative map. The rezone area is approximately 22.6 acres and is located at the northwest corner of Pelandale Avenue and American Avenue, within the Kiernan Business Park Specific Plan.

The Kiernan Business Park Specific Plan was adopted in April 1997 and has been amended multiple times to facilitate a variety of commercial, medical campus, and medium-high density residential projects. In 2009 the project site was considered for a business park development that never materialized, and that entitlement has since expired. With a shift in developer interest towards residential uses, the site was included in an April 2022 amendment of the Specific Plan that changed the land use of 67 acres, generally located east of Dale Road and between Bangs Avenue and Pelandale Avenue, #6..
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City Council, March 4, 2025
Rezone of 22.6 Acres from Specific Plan (SP) Zone to Planned Development Zone P-D(617)

Page 2 of 4 ends

from Business Park to a new Mixed Use 3 (MU-3) designation. The new MU-3 designation allows for Mixed Uses and/or Medium High Density Residential uses to a density of 15-16 dwelling units per acre. The aforementioned Vesting Tentative Subdivision Map of The Bridges and the proposed rezone area are within the new MU-3 area.

DISCUSSION:

Lennar Homes of California, LLC, requested consideration of a custom Planned Development Zone to facilitate home siting on the lots utilizing shorter setbacks. On January 2, 2025, the applicant submitted an application to amend the Zoning Map for the 189-lot portion of the VTSM from Specific Plan (SP) Zone to a new Planned Development Zone, P-D(617), to allow for a development plan that would facilitate custom setback standards for the project.

While Chapters 4 and 5 the Kiernan Business Park Specific Plan do have specific development standards and guidelines for setbacks and design, the purpose of a Planned Development Zone is to facilitate creative and efficient land uses where variations from standards of other zones are needed to accomplish unique development. Since the Specific Plan requires broad setbacks between buildings, implementation of a Planned Development Zone for this project would allow for some customization specific to the project itself without compromising the intent of the Specific Plan overall.

Building Setbacks: For Medium High Density Residential development, the Kiernan Business Park Specific Plan allows for front yard building setbacks of 15-feet, rear yard setbacks of 15-feet (30-ft minimum separation between buildings), and street side yard setbacks at a minimum of 12- feet. Allowances for minimal encroachments into the front setbacks are allowed for balconies and porches.

The development plan (site plan and Architectural Plan Book, attached) for “The Bridges”, proposes front yard setbacks of 12-feet and 10-feet for porches, interior side yards at a minimum of 5-feet for the Neighborhood One lots and 4-feet at minimum for the Neighborhood Two lots, and street side yard setbacks at a minimum of 10-feet for Neighborhood One lots and at minimum 9-feet for Neighborhood Two lots. The rear setbacks are proposed to be a 10-feet minimum, but most home siting will maintain 15-feet rear setbacks and all will have at least 500 square feet of private rear yard space. Forward-facing garages will have setbacks of 18-feet minimum, with 20- feet total between the garage entrances and the back of curb. Conditions of approval will ensure that for corner lots, the clear vision triangle for vehicles will be maintained.

Private streets and common areas: The development will be a gated community with private drives and landscaped amenities, with maintenance of common areas and landscaping by a Property Owners Association. The Covenants, Conditions and Restrictions relative to the formation of a Property Owners Association will be reviewed by the City Attorney’s Office prior to the issuance of a building permit for the development.

Small-Lot Residential Development: The development proposes a small-lot single-family residential subdivision with lots averaging 45x70 feet. The Specific Plan’s Medium High Density Residential land use designation is intended to promote apartment or townhome development, with lot sizes of one acre or larger unless a condominium or townhome development is comprised of twenty or more lots under common management and maintenance. With the implementation of a Property Owners Association, this requirement of the Specific Plan would be met for the smaller lot sizes.
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City Council, March 4, 2025
Rezone of 22.6 Acres from Specific Plan (SP) Zone to Planned Development Zone P-D(617)

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Specific Plan Conformity: Although the development plan proposes different building setbacks than provided by the Kiernan Business Park Specific Plan, other standards and guidelines of the Specific Plan will be adhered to, including the requirement of residential density for the Mixed Use 3 land use designation. In combination with a 312-unit apartment complex to be constructed to the north of the project site, the overall density requirement of 15-16 units to the acre will be met at build-out.

FISCAL IMPACT:

The project is developer funded. All applicable fees will be levied at the time of development.

COMMITTEE RECOMMENDATION:

This matter comes to the City Council from the Planning Commission, who recommended approval of the rezone at their regular meeting on February 3, 2025.

CEQA/NEPA REQUIREMENTS:

An Initial Study/Negative Declaration, EA/C&ED 2025-01, has been prepared by staff, and found that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or Negative Declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Development Plan for Planned Development Zone P-D(617).

Resolution adopting a Mitigated Negative Declaration for a rezone of 22.6 acres from Specific Plan (SP) Zone to Planned Development Zone P-D(617).

Motion introducing and waiving the first reading of an Ordinance amending Section 1-3-8 of the Zoning Map to rezone 22.6 acres from Specific Plan Zone (SP), to Planned Development Zone P-D(617), property located at the northwest corner of Pelandale Avenue and American Avenue (Lennar Homes of California, LLC.).
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Approved by: Jessica Hill, Director of C&ED
Joseph P. Lopez, City Manager
Attachments:

1. Resolution, Development Plan for Planned Development Zone P-D(617)

2. Resolution, Adoption of Negative Declaration for Rezone from SP to P-D(617)

3. Ordinance, Rezone from SP to Planned Development Zone P-D(617)

4. Initial Study/ Negative Declaration EA No. C&ED 2025-01

5. Mitigation Monitoring and Reporting Program, EA No. C&ED 2025-01

6. Development Plan Illustrative Site Plan

7. Development Plan Architectural Plan Book

8. Development Plan Civil Site Plan
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March 4, 2025/CED/Katharine Martin 1 2025-

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING A DEVELOPMENT PLAN FOR PLANNED
DEVELOPMENT ZONE, P-D(617)
WHEREAS, on April 1, 1997, the City Council by Resolution No. 97-159 adopted the Kiernan Business Park Specific Plan, and
WHEREAS, on April 12, 2022 by Resolution No. 2022-194 the City Council approved an amendment to the Land Use Diagram of the Specific Plan to amend the land uses of 67 acres from Business Park (BP) to a new land use designation of Mixed Use 3 (MU-3), property located north of Pelandale Avenue and East of Dale Road, the land use amendment providing for Mixed Uses and/or Medium High Density Residential uses of 15-16 units per acre, and
WHEREAS, on March 29, 2024, Valley Development Partners filed an application for a Vesting Tentative Subdivision Map, The Bridges, to divide 35.3 acres located within the Kiernan Business Park Specific Plan at the northwest corner of Pelandale Avenue and American Avenue into 189 small-lot single-family residential lots, one 12- acre “Lot A” for a future multi-family residential apartment project, and eleven landscape lots (Project ID TSM-24-002), which was considered by the Planning Commission on January 27, 2025 and approved by Resolution No. 2025-02, and WHEREAS, a verified application for an amendment to Section 1-3-8 of the Zoning Map was filed by Lennar Homes of California, LLC on January 2, 2025, to reclassify from Specific Plan (SP) Zone, to Planned Development Zone, P-D(617) to allow for specific development and setback standards of the 189-lot single-family #6..
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March 4, 2025/CED/Katharine Martin 2 2025-
residential component of The Bridges, property located at the northwest corner of Pelandale Avenue and American Avenue, described as follows:

SP to P-D(617)
All that certain real property in the City of Modesto, County of Stanislaus, State of California, situate in a portion of the North half of the Southwest Quarter of Section 1, Township 3 South, Range 8 East, Mount Diablo Meridian, described as follows:

Adjusted Parcels 2 and 3 as described in that certain Certificate of Approval of Lot Line Adjustment filed for record October 25, 2024 as Document No. 2024- 0051886, Stanislaus County Records.

Also including that portion of abandoned Wagner Way as described in Modesto City Council Resolution No. 2024-410, filed for record December 10, 2024 as Document No. 2024-0059400, Stanislaus County Records.

Also including the westerly one-half of American Avenue, the easterly one-half of future Bruno Parkway, and the northerly one-half of Pelandale Avenue, all immediately adjacent to the above-described area.

Subject to all easements and/or rights-of-way of record.

22.6 Acres, more or less.
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March 4, 2025/CED/Katharine Martin 3 2025-
APNs 078-018-054 and 078-018-055
WHEREAS, after a public hearing held on February 3, 2025, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, it was found and determined by the Planning Commission, by its Resolution No. 2025-04, that rezoning of the property as requested will not be detrimental to the public health, safety or welfare because the proposal would facilitate new residential development that is compatible with uses surrounding the site, the requested zone change will result in an orderly planned use of land because the rezone to Planned Development would implement specific development and setback standards for the 189-lot small-lot residential development., and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the allowable uses of the Planned Development Zone would be consistent with the General Plan designation of Mixed Uses (MU) which allows for residential uses, and the Kiernan Business Park Specific Plan land use of Mixed Use 3 (MU-3) which allows for MediumHigh Density Residential uses., and WHEREAS, said matter was set for a public hearing of the City Council to be held on March 4, 2025, in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, at which date and time said duly noticed public hearing was held, and
WHEREAS, after said public hearing the Council found and determined that the application of Lennar Homes of California, LLC for a Planned Development Zone will #6..
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March 4, 2025/CED/Katharine Martin 4 2025-
not be detrimental to the public health, safety or welfare, will result in an orderly planned use of land, and is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) for the reasons set forth in Planning Commission Resolution No. 2025-04 and quoted above, and WHEREAS, the Council has introduced Ordinance No. -C.S. on the 4th day of March, 2025, reclassifying the above-described property from Specific Plan (SP) Zone, to Planned Development Zone, P-D(617),
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:

1. DEVELOPMENT PLAN. The development plan for Planned
Development Zone, P-D(617), is hereby approved subject to the following conditions:

1. Prior to the issuance of a building permit, all development shall conform to the Development Plan titled “The Bridges, Modesto CA”, as stamped approved by the City Council on March 4, 2025.

2. Prior to the issuance of a building permit, any variation from the approved site plan or building elevations on file with the City must be reviewed and approved by the Director of Community and Economic Development or designee.

3. Prior to the issuance of a building permit, full improvement plans shall be submitted and be approved by the City Engineer or designee.

4. Improvement plans shall demonstrate the ultimate improvements on Bangs Avenue from Dale Road to the intersection of Bruno Parkway and Bangs Avenue, and the appropriate transition east of the Bruno Parkway/Bangs #6..
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March 4, 2025/CED/Katharine Martin 5 2025-
Avenue roundabout to ensure all vehicle, emergency service, refuse service and pedestrian traffic is safely able to ingress/egress to and from the development site.

Improvement plans shall also include the legal descriptions necessary for the right-of-way acquisition required for ultimate improvements.

5. The full improvement plans shall include landscaping and the Class 1 bike path and related improvements, in accordance with the Kiernan Business Park Specific Plan. Developer shall also submit full improvement plans for the construction of full frontage improvements on Pelandale Avenue in accordance with the Kiernan Business Park Specific Plan, including necessary legal descriptions for the right-of-way acquisition to construct said improvements.

6. Any public improvements that are missing, damaged, or not to current City standards shall be designed per City standards in accordance with City Code (Article 7-1.701), standards and specifications. Such improvements may include, but not be limited to curb & gutter, drive approach, sidewalk, ADA access ramps, fire hydrants and street lights. All public improvement plans shall be designed by a Registered Engineer, and be reviewed and approved by the City Engineer prior to issuance of an Encroachment or Building permit.

7. Improvement plans for The Bridges shall include all landscaping and common areas, and any and all easements required for the establishment of new utilities and the preservation of existing utilities. #6..
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March 4, 2025/CED/Katharine Martin 6 2025-

8. Improvements for the Pelandale Avenue, Bruno Parkway, and American Avenue street frontages, including landscape requirements, shall be in accordance with the Conditions of Approval for the Vesting Tentative Subdivision Map of the Bridges (Project ID TSM-24-002) approved by Planning Commission Resolution No. 2025-02.

9. Prior to the issuance of a Grading, Demolition or Building Permit, Developer shall prepare and submit a Water Pollution Control Plan (WPCP) or Local SWPPP to Land Development Engineering, Stormwater for review. The WPCP or Local SWPPP shall include a description of all erosion, sediment, and pollution control BMPs to be used at the construction or demolition site to prevent sediment and other sources of pollution from entering the City storm drain system as well as a site plan showing their placement.

10. Additionally, if the project is a Significant Redevelopment project, defined as a project that creates, adds, or exchanges (one type of impervious surface for another type of impervious surface) at least 5,000 square feet of impervious area on an already developed site, the following comments will also apply:
a. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit improvement plans conforming to design requirements of the most current edition of the City of Modesto Guidance Manual for Development, Stormwater Quality Control Measures, and the City of Modesto Municipal Code.
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March 4, 2025/CED/Katharine Martin 7 2025-
b. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit a plan to integrate Low Impact
Development (LID) principles into the project design. The plan shall retain, treat, and infiltrate the first 0.5” of stormwater runoff on site, and incorporate pervious landscape features into the project design wherever possible.
c. Prior to the issuance of a Grading, Demolition, or Building Permit, Developer shall submit a plan to provide permanent, postconstruction treatment (grass swale, bioretention, vegetative strip, or other approved proprietary device) to remove pollutants from the first 0.5” of stormwater run-off from site.
d. Prior to the issuance of a Grading, Demolition, or Building Permit, Property owner shall provide a signed and notarized Stormwater Treatment Device Access and Maintenance Agreement to Lad Development Engineering, stormwater.

11. Any proposed neighborhood gateway signage shall be designed in accordance with Section IV.A.3 of the Kiernan Business Park Specific Plan for signage within the Medium High Density Residential (MHDR) land use designation (Section IV, Page 11 of the Specific Plan) and Section 10-6.106, Table 6.1-1 of the Modesto Municipal Code for sign sizing and height requirements of the R-3 Zone. Proposed gateway signage shall be reviewed by Planning staff prior to issuance of a building permit for installation.
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All other signs shall comply with the sign requirements of the Kiernan Business Park Specific Plan for Medium-High Density Residential (MHDR) uses and the requirements of the R-3 Zone.

12. Prior to issuance of a building permit, the developer shall submit to the City Attorney’s Office the draft Covenants, Conditions and Restrictions (CC&Rs) of The Bridges for review and approval. City acknowledges the draft CC&Rs may be revised in response to comments received from the Department of Real Estate. The final CC&Rs shall be recorded and Property Owner’s Association formed prior to the sale of the first residential unit.

The Property Association’s bylaws and CC&Rs shall include requirements for the Property Owner’s Association to be responsible for the ongoing maintenance of all common areas, landscape lots, private streets, shared driveway lots and access gates, and landscaping and irrigation systems within the landscaped lots of the subdivision. If the dual-use park/basin and utilities within the streets are also to be private, the Property Owners Association shall also be responsible for their ongoing maintenance.

13. Walls and fences shall be provided as follows:
a. The walls along the American Avenue and Bruno Parkway frontages, as well as the northern boundary of The Bridges site (the southern boundary of “Lot A” of the Bridges Vesting Tentative Subdivision Map) shall be a seven-foot high continuous split-face decorative wall with cap treatment.
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b. The same seven-foot high wall shall be demonstrated along the rear property lines of Lots 36 through 39, and the westerly side yard of Lot 35 of the Bridges Vesting Tentative Subdivision Map. c. The wall along the Pelandale Avenue frontage shall be an eightfoot high continuous split-face decorative wall with cap treatment, and plantings of ivy to prevent graffiti, in addition to the landscape and improvement conditions required for the Pelandale frontage by Planning Commission Resolution No. 2025-02.
d. At site entrances located along American Avenue and Bruno Parkway, the walls shall be extended around the corners of the adjacent lots to a length sufficient to shield the rear yard private open space of those lots from the activity of the adjacent perimeter roadways. Any changes in wall height towards the front yard setback line of those lots shall occur in gradual increments in accordance to wall/fence setback standards of the residential zones.
e. Fences between residential lots should be double-alternating wood fencing constructed of a minimum 75% Western Red Cedar or Redwood. Setbacks for fencing taller than 42-inches in height shall be as follows:
i. A minimum street side yard setback of ten (10) feet for corner lots of the “Neighborhood 1” plan;
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ii. A minimum street side yard setback of nine (9) feet for corner lots of the “Neighborhood 2” plan;
iii. A minimum of twelve (12) feet from the front property line for all lots.

14. Prior to the issuance of a building permit for any corner lot, home siting and placement of fences shall demonstrate that the Clear Vision Triangle is maintained and free of vision obstructions as required by Modesto Municipal Code Section 10-4.404.

15. Any installation of gateway signage shall include appropriate landscaping for Clear Vision Triangles at subdivision entrances. Within the Clear Vision Triangle, the area between three (3) and eight (8) feet in height measured from top of curb adjacent to landscape shall be clear.

16. Garages that are proposed to be sited at a minimum distance of eighteen (18) feet from the front property line shall maintain a minimum setback of twenty (20) feet from the back of sidewalk, or back of curb if no sidewalk.

17. All locks on vehicle gates shall be equipped with Knox key access also submastered for the Modesto Police Department.

18. Prior to issuance of a building permit, or recordation of a Final Map for any residential project involving the subdivision of land into single-family lots, the developer shall provide for perpetual funding to cover the full cost of the following services provided to the proposed development:

Commented [JH1]: add side setbacks
Commented [KM2R2]: For the interior side yard
setbacks, no fencing setback would be needed--they'd
be placed right on the property line
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a. Maintenance and lighting of parks, parkways, streets, roads, and open space services;
b. Flood and storm protection services, including the operation and maintenance of storm drainage systems;
c. Perpetual funding to cover the full cost of maintenance and operation of any public improvements or other tangible property owned by the City with an estimated useful life of five or more years, constructed as part of the proposed development.

Developer may elect to provide the perpetual funding in either of the following manners:
i. Community Facilities District (CFD). Applicant shall form or annex the development into an existing City of Modesto Community Facilities District in compliance with the
requirements of the Mello-Roos Community Facilities Act of 1982 (Gov. Code § 53311 et seq.) including, without
limitation, affirmative votes, and the recordation of a Notice of Special Tax Lien. Applicant shall be responsible for all costs associated with the CFD proceedings. The
CFD shall maintain all walls, landscaping, lighting and drainage along frontages located at American Avenue,
Bruno Parkway, southerly side of Bangs Avenue and
northerly side of Pelandale Avenue.
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ii. Direct Funding. Applicant shall deposit with the City an amount necessary, as reasonably determined by the City
and approved by the City Council, to fund in perpetuity the full on-going cost of these obligations.

19. Fire sprinklers and an adequate water supply shall be required. Fire sprinkler plans will be a separate submittal made directly to the Fire Department after the issuance of building permits.

20. All aspects of the project shall comply with current City of Modesto Standards and current California Building, Electrical, Mechanical, Plumbing, Energy and Green Codes adopted by the City of Modesto (2022 California Building Code Cycle). Plans submitted on or after January 1, 2026 shall conform to the 2025 California Building Code Cycle.

21. Prior to development, applicant shall submit Landscape and Irrigation (L &I) plans for review and approval by the City’s Parks Planning and Development (PPD) Division. L&I plans shall meet current State of California water use ordinance requirements, Modesto Municipal Code (MMC) requirements, and City of Modesto standards as outlined in the Kiernan Business Park Specific Plan at time of submittal.

22. Applicant shall install a separate water meter for public landscape areas adjacent to American Avenue, Pelandale Avenue and Bruno Parkway, and also install a separate landscape water meter for public ROW Common Lot landscape and irrigation systems.
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23. Applicant shall install street trees every thirty-five (35) to forty (40) feet on center (35’—40’ O. C.) along all existing and proposed streets, including Bruno Parkway, American Avenue, and Pelandale Avenue, with exceptions related to site constraints approved by the City Engineer.

24. Applicant shall install one (1) street tree per residential lot unless on a corner lot, which requires street trees every thirty-five (35) to forty (40) feet on center (35’—40’ O. C.) of the lot’s length, with exceptions related to site constraints approved by the City Engineer.

25. Applicant shall install climbing vines on all masonry walls, in a landscape planter, visible to public view to discourage tagging.

26. LID control and treatment measures shall be vegetated for erosion protection and sediment entrapment to collect/treat storm water run-off before entering the storm drain system. Storm drainage basins shall be appropriately landscaped and irrigated to address the specific type of storm water control measure. Improvement plans shall include total square feet of the landscape area in project information.

27. Except as amended therein by the Development Plan of the Planned Development Zone, all development shall be in accordance with the Development Standards and Guidelines of the Kiernan Business Park Specific Plan.

28. At the time of building permit application, any future expansion to homes, via patio covers or other structural additions and/or accessory buildings, #6..
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shall submit plans for administrative amendment review and approval by the Director of Community and Economic Development or designee in accordance to Modesto Municipal Code Section 10-7.108(c).

29. If speed humps are proposed for private streets within the development, improvement plans shall demonstrate adherence to City Standards to accommodate the travel of fire department apparatus without impact to emergency service times.

30. The existing 36-inch private irrigation pipeline lying along MID’s Lateral Canal No. 6’s southern boundary, serving APNs 078-018-027, -051 and - 052 shall be removed from the MID Lateral Canal No. 6 ROW upon development of the property. The developer shall be responsible for the following:
a. The developer shall apply for a temporary use agreement with MID to remove the private pipeline facilities from MID’s Lateral Canal No. 6 ROW.
b. All existing irrigation pipeline infrastructure that will no longer be used due to the project shall be removed entirely and properly disposed of offsite at the project proponent’s expense. Abandoning pipeline infrastructure in-place is not allowed.
c. The portion of the private irrigation pipeline lying across MID’s Lateral Canal No. 6 embankment leading to the head gate at the #6..
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canal must be saw-cut, slurry-filled and plugged per MID Irrigation Standard Construction Detail C 55.
d. MID Water Operations requires a pre-consultation meeting to discuss MID irrigation requirements.

31. All existing private irrigation facilities serving the subject site that will no longer be used shall be removed and disconnected from MID’s irrigation facilities per MID requirements upon development. The developer shall request and return a Signoff of Irrigation Facilities from all property immediately adjacent to The Bridges subdivision (with the exception of the DPR24-006 property with a shared property line with The Bridges subdivision) prior to the private irrigation facilities being taken out of service.

32. Prior to developer starting construction of developer responsibility improvements that may impact MID facilities (as determined by MID in its reasonable discretion), developer shall complete and submit to MID’s Civil Engineering Department the MID Application for Land Development for Plan Review. The design plans shall be stamped and signed by a registered Civil Engineer with a current license to practice in the state of California. Stamped and signed hydraulic calculations shall accompany all design submittals. All design and construction is subject to the latest MID Irrigation Standard Construction Details.

33. MID’s Engineer must review and approved the design plans of the proposed facilities prior to the start of construction. No work shall begin #6..
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without MID approval of final plans and the appropriate agreements in place including but not limited to: easement dedications, license agreements, common use agreements, temporary use agreements, and facility modification agreements as required by MID. The project proponent must provide a plat exhibit and legal description for all agreements.

34. All work that may affect irrigation facilities shall occur during the nonirrigation season (typically November 1 to March 1) unless approved by an MID representative. Irrigation service shall not be interrupted and scheduling outages with MID Engineering and Operations is required.

Developer shall assume all irrigation facilities are active, and notify MID staff prior to performing work near the irrigation facilities described above.

35. There may be additional existing privately-owned infrastructure not recorded by MID. If it is determined that any of the existing infrastructure will be affected by the project, the project proponent shall consult with the affected landowners and MID to discuss potential improvement plans for review and approval.

36. All existing underground and aboveground utilities, irrigation, and electrical lines shall be protected, relocated, or removed as required by the utility companies and City Engineer or designee. Easements for utilities, irrigation and electrical lines to remain shall be reserved as required. #6..
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37. At the time of issuance of a building permit, the developer shall pay development impact fees at the established rate. Such fees may include but are not limited to, sewer and water connection fees, community facility fees, building permit and plan check fees.

38. All department Conditions of Approval for the project shall be included with building plans and shall be continuously maintained on-site during project construction to the satisfaction of the Chief Building Official.

39. Prior to start of construction, all-weather, hard-surfaced roadways shall be constructed and maintained free of obstructions at all times during construction as required by Director of Community and Economic Development.

40. All aspects of this project to comply with current City of Modesto Standards and also current California Building, Fire, Electrical, Mechanical, Plumbing, Energy codes adopted by the City of Modesto.

41. All landscaping, fences, and walls shall be maintained and the premises shall be kept free of weeds, trash, and other debris.

42. The property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold #6..
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harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding and shall cooperate fully in the defense.

The following conditions are mitigation measures that are applicable to the project:

43. Air Quality and Greenhouse Gases:
a. AQ-100. Reduce particulate emissions from construction, grading, excavation, and demolition to the maximum extent feasible in accordance with the requirements of SJVAPCD Regulation VIII.

Regulation VIII was adopted to reduce the amount of particulate matter suspended in the atmosphere as a result of emissions generated from anthropogenic (man-made) fugitive dust sources. (Policy VII.H.2.jj)
b. AQ-101. Require all access roads, driveways, and parking areas serving new commercial and industrial development to be constructed with materials that minimize particulate emissions in accordance with the requirements of SJVAPCD Regulation VIII and are appropriate to the scale and intensity of use. (Policy VII.H.2.kk)
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c. AQ-103. Effectively stabilize dust emissions using water, chemical stabilizer / suppressant, cover with a tarp or other suitable cover or vegetative ground cover, all disturbed areas, including storage piles, which are not being actively utilized for construction purposes. (Policy VII.H.2.mm)
d. AQ-104. Effectively stabilize dust emissions using water or chemical stabilizer / suppressant, all onsite unpaved roads and offsite unpaved access roads. (Policy VII.H.2.nn) e. AQ-105. Effectively control fugitive dust emissions utilizing application of water or by presoaking all land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities. (Policy VII.H.2.oo)
f. AQ-107. When materials are transported off site, cover all materials, or effectively wet them to limit visible dust emissions, and maintain at least six inches of freeboard from top of container. (Policy VII.H.2.qq)
g. AQ-108. Limit operations or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday (the use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions.) (Use of blower devices is expressly forbidden.) (Policy VII.H.2.rr)
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h. AQ-109. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, effectively stabilize said piles for fugitive dust emissions utilizing sufficient water or chemical stabilizer / suppressant. (Policy VII.H.2.ss) i. AQ-110. Within urban areas, immediately remove trackout when it extends 50 or more feet from the site and at the end of each workday. (Policy VII.H.2.tt)
j. AQ-111. Prevent carryout and trackout for any site with 150 or more vehicle trips per day. (Policy VII.H.2.uu)
k. AQ-112. Limit traffic speeds on unpaved roads to 15 mph. (Policy VII.H.2.vv)
l. AQ-113. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent (1%). (Policy VII.H.2.ww)
m. AQ-114. Install wheel washers for all exiting trucks, or wash all trucks and equipment leaving the site. (Policy VII.H.2.xx) n. AQ-115. Install wind breaks at windward side(s) of construction areas. (Policy VII.H.2.yy)
o. AQ-116. Suspend excavation and grading activity when winds exceed 20 mph (regardless of windspeed, an owner/operator must comply with Regulation VIII’s 20 percent opacity limit). (Policy VII.H.2.zz)
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p. AQ-117. Limit the area subject to excavation, grading, and other construction activity at any one time. (Policy VII.H.2.aaa)

44. Generation of Noise and Vibration:
a. Noise-3. Construction activities are to comply with Modesto Municipal Code Title 4, Ch. 9.
b. Noise-4. Implement noise-reducing construction practices as conditions of approval where substantial construction-related noise impacts would be likely to occur, such as with extended periods of pile driving, or where construction is expected to continue or where sensitive receptors would be affected by construction noise.

Conditions of approval may include, but are not limited to:
i. Require construction equipment, including air compressors and pneumatic equipment to have properly maintained
mufflers;
ii. Require impact tools to be equipped with shrouds or shields;
iii. Require that the quietest equipment available be used; and, iv. Require selection of haul routes that affect the fewest number of people. (Policy VII-G.3.b)

45. Loss of Sensitive Wildlife and Plant Habitat:
a. SWPH-12. For all lands within the Planned Urbanizing Area, sitespecific surveys shall be conducted by a qualified biologist to #6..
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determine whether any sensitive natural communities or species are present within the proposed development area. These studies shall particularly focus on proposed development within any lands included within a potential biological resource study area as delineated on Figure V-7-1 in the Final Master Environmental Impact Report (Riparian Corridor Diagram). Prior to considering development applications, the City shall coordinate with the USFWS and CDFW regarding listed species and potential for impacts. The City shall employ the measures recommended by the USFWS and/or CDFW to avoid an incidental take. Conduct
surveys at the appropriate season to best determine the likelihood of occurrence and should employ accepted methodologies as determined by CDFW and the USFWS. The results of such
surveys should be recorded onto the City’s existing biological resources map for future planning purposes. (UAGP Policy VIIE.3[a]) b. SWPH-14. Additional measures to protect sensitive habitats may be implemented. Potential measures to be implemented may include measures listed in Table V-7-1 in the Final Master Environmental Impact Report. (UAGP Policy VII-E.3[c])

46. Increased Demand for Storm Drainage/Flooding and Water Quality:
a. SD-10/FWQ-11. Construction activities shall comply with the requirements of the City’s Stormwater Management Plan under its #6..
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municipal NPDES stormwater permit, and the State Water
Resources Control Board’s General Permit for Discharges of Storm Water Associated with Construction Activity. (Policy VI.G.3)
b. SD-12/FWQ-13. Ensure that new development complies with the City of Modesto’s Stormwater Management Program: Guidance Manual for New Development Stormwater Quality Control
Measures. (Policy VI.G.5)
c. SD-13/FWQ-14. Require new development to implement an appropriate selection of permanent pollution control measures in accordance with the City’s implementation policies for the municipal NPDES stormwater permit. (Policy VI.G.6)
d. SD-15/FWQ-16. Integrate Low Impact Development principles into proposed development projects’ design. Low Impact
Development is a storm water management and land development strategy that promotes conservation and use of natural on-site features combined with engineered small-scale hydrologic devices.

In designing development projects, minimize the amount of impervious surface in order to maximize on-site infiltration of stormwater runoff and minimize the potential for storm water runoff from the site. (Policy VI.G.8)

47. Generation of Hazardous Materials:
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a. HM-5. In the event that site inspection or construction activities uncover chemical contamination, underground storage tanks, abandoned drums, or other hazardous materials or wastes at a parcel, the inspection report preparer shall so notify the City. The City shall notify the County Health Services Department. Under the direction of these agencies, a site remediation plan would be prepared by the project applicant.
b. HM-8. Applicants for building permits should determine that a site containing or formerly containing residences or farm buildings / structures has been fully investigated for the presence of hazardous materials or wastes prior to issuance of the permit. Investigation should consist of, at minimum, a Phase I environmental site assessment and a Phase II site assessment, if found necessary as a result of the Phase I assessment. The findings of the site assessment should be reported to the City and the County’s Department of Environmental Resources. The appropriate
remediation should occur prior to final occupancy of the approved development. (Policy VI.M.6)

2. DEVELOPMENT SCHEDULE. The following development schedule is hereby approved for said Planned Development Zone, P-D(617):
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The entire construction program be accomplished in one phase, construction to begin on or before March 4, 2027, and completion to be not later than March 4, 2029.’
or:

3. CHANGES IN DEVELOPMENT PLAN. Any changes in the above approved development plan shall be made in accordance with the provisions of Section 10-7.108 of the Modesto Municipal Code.

4. COMPLIANCE WITH CODE PROVISIONS, ETC. In all other respects said planned development shall be accomplished in accordance with and in strict adherence to the provisions of Article 1 of Chapter 7 of Title 10 of the Modesto Municipal Code relating to Planned Development Zones and other applicable City laws, rules, regulations and procedures.

5. EFFECTIVE DATE. This resolution shall not become effective unless and until the ordinance reclassifying the above-described property to Planned Development Zone, P-D(617), becomes effective.

BE IT FURTHER RESOLVED that the conditions of project approval set forth herein include certain fees, dedication requirements, reservations requirements, and other exactions, and that pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions.
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BE IT FURTHER RESOLVED that the applicant is hereby further notified that the ninety (90) days approval period in which a protest of these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a) can be filed, begins on March 4, 2025, and that if a protest is not filed within this ninety (90)-day period complying with all of the requirements of Section 66020, the applicant will be legally barred from later challenging such exactions.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of March, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: ____________________________
Diane Nayares-Perez, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ______________________________________
JOSE M. SANCHEZ, City Attorney

APPROVED AS TO LEGAL DESCRIPTION
By __________________________________________
Community & Economic Development Department
Planning Division
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MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR A REZONE OF 22.6 ACRES FROM SPECIFIC PLAN (SP) ZONE TO PLANNED DEVELOPMENT ZONE P-D(617)
WHEREAS, a verified application for an amendment to Section 1-3-8 of the Zoning Map was filed by Lennar Homes of California, LLC on January 2, 2025, to reclassify from Specific Plan (SP) Zone, to Planned Development Zone, P-D(617) to allow for specific development and setback standards of the 189-lot single-family residential component of The Bridges Vesting Tentative Subdivision Map, approved on January 27, 2025 by Planning Commission Resolution No. 2025-02, property located at the northwest corner of Pelandale Avenue and American Avenue, and WHEREAS, Section 15070 of the CEQA Guidelines relating to Initial Study/Negative Declaration provides for a lead agency to prepare an Initial Study on any proposed project to analyze whether the project may cause any significant effect on the environment; and
WHEREAS, the City’s Community & Economic Development Department has prepared an Initial Study/Mitigated Negative Declaration, Environmental Assessment No.

EA/C&ED 2025-01 as provided for by CEQA; and
WHEREAS, a 20-day public review period for the proposed Initial Study/Negative Declaration began on January 12, 2025, and ended on January 31, 2025; and
WHEREAS, the received no public comments on the Initial Study/Mitigated Negative Declaration and therefore no changes to the document were necessary as a result; and
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WHEREAS, the Mitigation Monitoring and Reporting Plan (MMRP) is included and described within the Initial Study/Negative Declaration; and WHEREAS, said matter was considered by the Planning Commission at a duly noticed public hearing which was held on January 27, 2025, whereupon the Planning Commission considered the Initial Study/Negative Declaration and recommended that the City Council adopt the Initial Study/Negative Declaration; and WHEREAS, said matter was considered by the City Council at a duly noticed public hearing which was held on March 4, 2025, at 5:30 p.m., in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Council has reviewed and considered Environmental Assessment No. EA/C&ED 2025-01 and the associated Mitigation Monitoring and Reporting Plan (MMRP), copies of which are on file with the Community and Economic Development Department, Third Floor, 1010 Tenth Street, Modesto, California, and are attached hereto as Exhibit “A” and Exhibit “B” and incorporated herein as reference, and based on the substantial evidence included in said Initial Study makes the following findings:

1. The Initial Study/Negative Declaration prepared for the proposed project found that that although the proposed rezone could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
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2. The Initial Study/Negative Declaration reflects the independent judgment of the lead agency.

3. The Initial Study/Negative Declaration, EA/C&ED 2025-01, provides the substantial evidence to support findings 1-2, noted above.

BE IT FURTHER RESOLVED that the property owner and developer shall, at their sole expense, defend, indemnify and hold harmless the City of Modesto, its agents, officers, directors and employees, from and against all claims, actions, damages, losses, or expenses of every type and description, including but not limited to payment of attorneys’ fees and costs, by reason of, or arising out of, this development approval. The obligation to defend, indemnify and hold harmless shall include but is not limited to any action to arbitrate, attack, review, set aside, void or annul this development approval on any grounds whatsoever. The City of Modesto shall promptly notify the developer of any such claim, action, or proceeding.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that the Community & Economic Development Director is hereby authorized and directed to file a notice of approval or determination within five (5) business days with the Stanislaus County Clerk pursuant to Section 21152 of the Public Resources Code. #6..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of March, 2025, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANE NAYARES City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ______________________________________
JOSE M. SANCHEZ, City Attorney
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-1-
ORDINANCE NO. -C.S.

AN ORDINANCE AMENDING SECTION 1-3-8 OF THE
ZONING MAP TO REZONE 22.6 ACRES FROM SPECIFIC
PLAN (SP), TO PLANNED DEVELOPMENT ZONE, PD(617), PROPERTY LOCATED AT THE NORTHWEST

CORNER OF PELANDALE AVENUE AND AMERICAN

AVENUE (LENNAR HOMES OF CALIFORNIA, LLC)
The Council of the City of Modesto does ordain as follows:

SECTION 1. ZONING CHANGE. Section 1-3-8 of the Zoning Map is hereby amended to reclassify the following described property from Specific Plan, SP, to Planned Development Zone, P-D(617):

Adjusted Parcels 2 and 3 as described in that certain Certificate of Approval of Lot Line Adjustment filed for record October 25, 2024 as Document No. 2024- 0051886, Stanislaus County Records.

Subject to all easements and/or rights-of-way of record.

22.6 Acres, more or less.

APNs: 078-018-054 and 078-018-055
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-2-
SECTION 2. USES. The following uses shall be permitted in said P-D(617) Zone if the plan for construction conforms in principle to the approved plan:

1. Uses as allowed in the Medium High Density Residential (MHDR) land use designation of the Kiernan Business Park Specific Plan, as outlined in Section III-B.5 of the Specific Plan.

SECTION 3. ZONING MAP. Section Map 1-3-8 of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.

SECTION 4. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted.

The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 4th day of March, 2025, by Councilmember , who moved its introduction and passage to print, which motion being duly seconded by Councilmember , was upon roll call carried and ordered printed and published by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
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APPROVED:

SUE ZWAHLEN , Mayor
ATTEST:

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

By: ___________________________________________________ JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:

By: __________________________________________________
Community & Economic Development
Department, Planning Division
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FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the , 2025, Councilmember ______________moved its final adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the ordinance adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:

MAYOR, SUE ZWAHLEN
ATTEST: ____________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: _________________, 2025
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Modesto City CouncilMarch 4, 2025

Modesto City Council
March 4, 2025