Finance Committee
June 23, 2025

aircraft components and requires a large, well-equipped facility. Shop maintenance focuses on repair or overhaul of specific parts and often requires specialist services.

On October 24, 2023, by Resolution No. 2023-470, the City Council approved a purchase order with Mather Aviation, LLC (Mather), Mather, CA for aircraft maintenance services for a total amount not to exceed $90,228.

On September 12, 2024, by Resolution No. 2024-372, the City Council approved an Agreement with Mather Aviation, LLC, Mather, California, for Aircraft Maintenance and Repair Services for a Two (2)-Year Agreement, for an estimated annual amount of $87,072, and a total amount not to exceed $159,768.

DISCUSSION:

With a full year of operational data now available, and a desire to have the aircraft in the air as much as possible, MPD has a clearer understanding of its ongoing projected flight hours and associated maintenance/repair costs. Due to the increase in logged engine hours, it is necessary to raise the number of inspection cycles from five (5) to eight (8) to meet FAA service requirements. This adjustment will ensure the aircraft can be operated regularly throughout each full 12-month period.

MPD’s increase in flight/patrol hours has also increased normal wear on the flight components for the aircraft, to include engine and electronic components. Many of these components are original parts installed in 2013. These components have reached end of life, requiring repair or replacement. Since October of 2024 these additional inspection and repair costs have accounted for a nearly $108,372 in increased costs. MPD is also incurring an ongoing GPS monthly update cost which needs to be accounted for in operational expenses. These updates are required by the FAA for safety reasons due to the ever-changing landscape. The GPS systems coordinate with flight patterns and safety features such as autopilot and warning systems.

After analyzing the costs associated with inspections, parts purchases and replacements, MPD is requesting an increase to years one (1) and two (2) of the current Council approved agreement with Mather Aviation, LLC., and extending their service contract for an additional 12 months.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” Our current agreement with Mather needs to be amended to include additional funding to cover unexpected inspections and repairs and to extend an additional year.

FISCAL IMPACT:

The $427,776 in additional contract authority will be funded through the General Fund and supplemented by the Traffic Safety Fund, SLESF, Measure H, and Asset Forfeiture Funds when appropriate. For the first year of the contract (starting September of 2024) a total of $112,287 has been expended thus far.
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Finance Committee, June 23, 2025
First Amendment to Aircraft Maintenance and Repair Services Agreement with Mather Aviation, LLC

Adjustments to Current Agreement:

YEAR 1:

Description Personnel Hours Hourly Rate Total Cost
Additional Parts $55,590
Additional Labor (FAA Repairs) 80 $155 $12,400
Additional Inspections (FAA Mandated) 3
Cycles 144 $155 $22,320
20% contingency for added parts and labor* n/a n/a $18,062 Original Agreement Amount: $87,072
ADDITIONAL COST FOR YEAR 1: $108,372
AMENDED YEAR 1 AMOUNT: $195,444
YEAR 2:

Description Personnel Hours Hourly Rate Total Cost
Additional Parts n/a n/a $44,410
Additional Labor (FAA Repairs) 180 $165 $29,700
Additional Inspections (FAA Mandated) 3
Cycles 144 $165 $23,760
20% contingency for added parts and labor* n/a n/a $19,574 Original Agreement Amount: $72,696
TOTAL ADDITIONAL COST FOR YEAR 2: $117,444
AMENDED YEAR 2 AMOUNT: $190,140
YEAR 3:

Description Personnel Hours Hourly Rate Total Cost
8 Cycles of Inspections at 48 man-hours each 384 $175 $67,200 Camera Removal/Install 16 hours each (2) 32 $175 $5,600 FAA Safety Repairs 160 hours 160 $175 $28,000
Parts n/a n/a $65,000
Spare Rims n/a n/a $2,500
20% contingency for parts and labor* n/a n/a $33,660
TOTAL FOR YEAR 3: $201,960
*Due to the unique needs and requirements for aircraft, and the potential for a wide variance for repairs (parts and labor) depending on the location or type, a 20% contingency was determined to be appropriate.

Estimated Agreement Totals:

YEAR ORIGINAL TOTAL ESTIMATED ANNUAL TOTAL DIFFERENCE
Year 1 $87,072 $195,444 $108,372
Year 2 $72,696 $190,140 $117,444
Year 3 n/a $201,960 $201,960
GRAND TOTAL: $159,768 $587,544 $427,776
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Finance Committee, June 23, 2025
First Amendment to Aircraft Maintenance and Repair Services Agreement with Mather Aviation, LLC

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the First Amendment with Mather Aviation, LLC, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776, to a new estimated annual amount of $195,848, a new total amount of $587,544 through the term of the Agreement and extending the term of the Agreement from September 30, 2026, to September 30, 2027; and forwarding to Council for approval.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment

2. Exhibit B1- Updated Pricing Schedule

3. Exhibit D – Revised Maintenance Breakdown

4. Original Signed Agreement with all Exhibits

5. California Levine Act Disclosure Form

6. Bid Waiver for First Amendment
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FIRST AMENDMENT TO AGREEMENT

WITH MATHER AVIATION, LLC FOR AIRCRAFT MAINTENANCE AND REPAIR

SERVICES
This First Amendment to the Agreement for Aircraft Maintenance and Repair Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “City”) and Mather Aviation, LLC, a California limited liability company (LLC), (hereinafter “Contractor”) as of ____________, 2025.

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

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Aviation Maintenance and Repair Services on the 1st day of October 2024 (the “Original Agreement”).

WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $427,776 to a new total amount not to exceed $587,544, and WHEREAS, CITY and CONTRACTOR desire to extend the term of the Original Agreement by twelve months through September 30, 2027.

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

1. THE WORK, Section #1, paragraph e, of the Original Agreement shall be deleted in its entirety and replaced with the following:

CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $195,848. The total amount paid by the CITY to the CONTRACTOR over the full term of the AGREEMENT shall not exceed $587,544. Unless the services provided are for a #4..
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lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Price Schedule attached hereto as Exhibit B and the updated Price Schedule attached hereto as Exhibit B1. A revised breakdown of the projected maintenance intervals, inspections, parts, and labor is calculated in the Revised Maintenance Breakdown attached hereto as Exhibit D.

2. TERM OF AGREEMENT, Section #3, of the Original Agreement shall be deleted in its entirety and replaced with the following:

The term of the AGREEMENT shall be for a period of three years.

Year 1: October 1, 2024, through September 30, 2025
Year 2: October 1, 2025, through September 30, 2026
Year 3: October 1, 2026, through September 30, 2027
Pricing as set forth in Section 1.e. above shall remain firm for the term of the AGREEMENT.

3. Exhibit B-1, attached hereto, is hereby incorporated and made a part of the Original Agreement.

4. Exhibit D of the Original Agreement is hereby deleted in its entirety and replaced with the revised Exhibit D, attached hereto and incorporated herein.

5. Except as modified and amended by this First Amendment, all other provisions of the Original Agreement shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-_____ on the ________ day of ___________, 2025, and Mather Aviation, LLC has caused this First Amendment to be duly executed as of the Effective Date.
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801 Airport Way
Modesto, CA 95345
Phone: 209-577-6831
Fax: 209-577-6883
www.MatherAviation.com
Modesto Police Department
Gipps N209PD
Rate Schedule
Year 2024 - 2025 2025 – 2026 2026 – 2027
Reg Labor Rate $155 $165 $175
OT Labor Rate $175 $195 $205
Travel Labor Rate $145 $155 $165
Parts mark-up
$0.00 - $1,000 20%
$1,001 - $10,000 8%
$10,001 & Above 5%
EXHIBIT B1 #4..
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Mather Agreement Amendment
Hours Calculations Cost
5 Cycles of Inspections at 48 man hours each 240 48x5=240; 240*155=37,200 $37,200 Camera Removal/Install-16 hour each occurrence 32 hours a year 64 total life of contract 32 32*155=4,960 $4,960 FAA Safety Repairs - 80 hours each year - 80 80*155=12,400 $12,400 Engine Replacement (100 hours) 1 time during contract 100 100*155=15,500 $15,500 Spare Rims 1x a year - $2,500 a year $5,000 total contract. $2,500 20% 72,560÷100=725.6; 725.6x20=14,512 $14,512
Total 452 $87,072 Original Agreement Amount
Additional Parts $55,590
Additional Labor (FAA Repairs) 80 80*155=12,400 $12,400 Additional Inspecitons (FAA Mandated) 3 Cycles 144 48x3=144; 144*155=$22,320 $22,320 20% Contingency on added Parts and Labor $18,062
Year 1 Estimated Total 676 $195,444
5 Cycles of Inspections at 48 man hours each 240 48x5=240; 240*165=39,600 $39,600 Camera Removal/Install-16 hour each occurrence 32 hours a year 64 total life of contract 32 32*165=5,280 $5,280 FAA Safety Repairs - 80 hours each year 80 80*165=13,200 $13,200 Spare Rims 1x a year - $2,500 a year $5,000 total contract. $2,500 20% 60,580÷100=605.8; 605.8x20=12,116 $12,116
Total 352 $72,696 Original Agreement Amount
Additional Parts $44,410
Additional Labor (FAA Repairs) 180 180*165=13,200 $29,700 Additional Inspections (FAA Mandated) 3 Cycles 144 48x3=144; 144*165=23,760 $23,760 20% Contingency on added Parts and Labor $19,574
Year 2 Estimated Total 676 $190,140
8 Cycles of Inspections at 48 man hours each 384 48x8=384; 384*175=63,360 $67,200 Camera Removal/Install 16 hours each (2) 32 32*175=5,600 $5,600 FAA Safety Repairs 160 hours 160 160*175=28,000 $28,000 Parts $65,000
Spare Rims $2,500
Total $168,300
20% contingency for parts and labor 168,300 ÷ 100= 1,683; 1,683x20=33,660 $33,660 Year 3 Estimated Total $201,960
Agreement Amount for 3 years $587,544
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:

Vendor Name: Division:

Contact Person: Extension:

Attorney Reviewer Name:

The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.

The attached agreement is the final version approved through the under $100,000 Unity Workflow review and pulled from Unity for routing via DocuSign.

PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 Michelle Belarmino
10/08/2024
Airplane Maintenance for MPD Sky1
X
X
MPD.Administration
29614
Mather Aviation
John Fukasawa
X
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1 ANNUAL AGREEMENT – AIRCRAFT MAINTENANCE AND REPAIR SERVICES This agreement, hereinafter called AGREEMENT, made, and entered into in the City of Modesto, State of California, this ________ day of ____________, 2024, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Mather Aviation, LLC, a limited liability company (LLC), hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2024-________ authorizing the award of an agreement for the furnishing of AVIATION MAINTENANCE AND REPAIR SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provides a SERVICE 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 AVIATION MAINTENANCE AND REPAIR SERVICES as described in Scope of Work - Maintenance Breakdown attached hereto as Exhibit “C”.

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

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1st October
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2 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 $87,072. The total amount paid by the CITY to the CONTRACTOR over the full term of the AGREEMENT shall not exceed $159,768. 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 Price Schedule attached hereto as Exhibit B.

2. CITY AND CONTRACTOR REPRESENTATIVE:

CONTRACTOR Representative is:

Benjamin Gleason
Modesto Director of Maintenance
[email protected]
209-577-6831
CITY Representative is:

Lieutenant Kalani Souza
Modesto Police Department
[email protected]
209-527-9500
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 Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #4..
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3 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. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two years.

Year 1: October 1, 2024, through September 30, 2025
Year 2: October 1, 2025, through September 30, 2026
Pricing as set forth in Section 1.e. above shall remain firm for the term of the AGREEMENT.

4. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability. b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #4..
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4 hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as provided above, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.

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

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

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

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

5. PAYMENT:

CONTRACTOR shall invoice CITY upon completion of service 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 30 Days via EPay”. 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
Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #4..
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5 Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT Number: 284496
 CITY department/division name and address
 Billing period
 Service hours worked day and week.
 Unit price, extended price, sales tax and total

6. INDEMNITY:

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

7. VENUE & GOVERNING LAW:

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

8. ATTORNEYS’ FEES:

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6 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.

9. 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.2024-_______
b. Pricing Schedule
c. Scope of Work
d. Contractor’s City of Modesto business license

10. TERMINATION OF SERVICES:

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 372
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7 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.
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 Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #4..
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8 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.

11. 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.

12. FAILURE TO PERFORM SATISFACTORY WORK:

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

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9 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.

13. 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).

14. 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.

15. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

16. 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.

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10 week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: Mather Aviation LLC
801 Airport Way
Modesto, CA 95345
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.

17. 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.

18. QUANTITIES:

No minimum or maximum is guaranteed or implied.

19. 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.

20. 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.

21. NON-DISCRIMINATION:

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11 a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but 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 ascertaining 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 Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #4..
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12 discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

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13 22. 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.

23. 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.

24. FACILITIES AND EQUIPMENT:

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

25. INDEPENDENT CONTRACTOR; NOT AGENT:

At all times during the term of this AGREEMENT, the CONTRACTOR shall be an independent contractor and shall not be an employee of the CITY. The CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as the 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 the CITY to any obligation whatsoever.

26. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 #4..
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14 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.

27. 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.

28. 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.

29. HEADINGS NOT CONTROLLING:

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

30. MISCELLANEOUS:

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

31. 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 pricing schedule 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 Scope of Work, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the Scope of Work 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.

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15 32. 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 by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2024 and Mather Aviation, LLC has caused this Agreement to be duly executed.

Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 372 8th
October
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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: ____________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
Federal ID # ___________
Docusign Envelope ID: 7F35FA2C-BE54-4ACF-9497-F2820D82FA99 Mather Aviation
Quinten House VP Maintenance Ops
68-0389340
10/21/2024
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

October 8, 2024
Date: September 12, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Aircraft Maintenance and Repair Services Agreement CONTACT: Kalani Souza, Lieutenant, [email protected], 209-572-9500 DESCRIPTION:

Consider approving an Agreement with Mather Aviation, LLC, Mather, CA, for Aircraft Maintenance and Repair Services for a total amount not to exceed $159,768 over two years. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan for Governance and Service Delivery by building community trust in City government through transparent and efficient service delivery.

BACKGROUND:

On February 28, 2023, by Resolution No. 2023-87, Council approved the purchase of a Gipps Aero GA8 for use by the Modesto Police Department (MPD) to establish its Air Support Unit.

The Gipps Aero GA8, now known as Sky 1, was delivered to the MPD on March 31, 2023. An Air Support Unit is a commonly used surveillance platform for law enforcement by providing a level of service to the overall success of crime fighting efforts, enhancing officer and public safety, and reducing the incidence of crime.

Aircraft maintenance is necessary to keep the aircraft in a state of airworthiness, for the safety of the crew and everyone in the service area. Aircraft maintenance is a highly regulated field requiring both scheduled and preventive servicing, inspection, testing, repair and overhaul or modification activities by certified maintenance technicians. There are generally three types of required maintenance: line maintenance which covers pre-flight checks, daily check of fluids, scheduled minor repairs and modifications and troubleshooting. Heavy maintenance is performed less often, but requires a much more thorough breakdown, repair, or replacement of aircraft components and requires a large, well-equipped facility. Shop maintenance focuses on repair or overhaul of specific parts and often requires specialist services.

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City Council, 10/08/2024
Aircraft Maintenance and Repair Services Agreement

On October 24, 2023, by Resolution No. 2023-470, the City Council approved a purchase order with Mather Aviation, LLC (Mather), Mather, CA for aircraft maintenance services for a total amount not to exceed $90,228.

DISCUSSION:

The 2012 Gipps Aero GA8 is a unique aircraft with only 250 units built and sold throughout the world. This uniqueness also extends to the maintenance schedule for this aircraft which requires inspections in 50-hour increments within 200 hours of flight time, this is called a progressive maintenance plan. Each inspection varies in length and thoroughness and can range from 6- man hours to 24-man hours. During the progressive inspections FAA required safety items are inspected for flight readiness and approval. When these items do not meet FAA requirements, they need to be repaired and/or replaced which can cause additional maintenance hours to be incurred. Additionally, the Gipps Aero GA8 requires an engine rebuild/replacement approximately every 2,200 hours. The engine will need to be replaced during year one of this proposed agreement.

The Gipps Aero GA8 is outfitted with a specialty 15” camera system, requiring ongoing maintenance, cleaning, and inspection separate from the above-mentioned maintenance of the aircraft. Occasionally, the camera will need to be removed from the aircraft, which is a technical process requiring it be done by trained avionics personnel who are familiar with this system.

Mather Aviation is the only service provider with trained personnel that have experience working on this aircraft in Northern California. The California Highway Patrol (CHP) also operates with the Gipps Aero GA8 platform and has contracted with Mather Aviation, LLC for their maintenance needs for the last three years. They conducted a formal bid process in 2020 and Mather Aviation, LLC was the only bidder. Both Mather Aviation, LLC service facilities (Modesto and Sacramento) are under the same ownership and have the same service fees. Any maintenance option outside of Modesto is not feasible, nor financially responsible as it would require the department to fly the aircraft for servicing. This would mean the department would be paying for the service plus the cost of fuel and additional maintenance on the plane for flight hours on the engine.

For example, on average, the GA8 has an operating cost of $330 per hour (fuel, staffing, and maintenance costs). This does not include transportation costs to transport the pilot back from the facility (which would include an additional employee to drive the vehicle to and from the facility, cost of fuel for the vehicle, or maintenance for the vehicle). Additionally, if the plane was unable to fly (grounded for safety or maintenance reasons), technicians would have to travel to the hangar in Modesto to provide services at additional cost/fees. Mather being on-site at the location of the aircraft, keeps costs down while ensuring timely maintenance at a reduced cost.

Advanced Helicopter in Woodland, CA provides aircraft maintenance services for the Stanislaus County Sheriff’s Office at a rate of $130 per hour. Woodland is approximately a one-hour flight from Modesto. Including operating costs, this maintenance option would increase the cost by $660 (two hours round-trip) to get the aircraft to and from the facility. If the certified mechanic were to travel to Modesto due to the aircraft being inoperable or grounded, it would be a twohour drive time (four hours round-trip) for each visit, adding $520 to the cost of maintenance.

Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases in excess of $100,000 for material, equipment, or contractual services to follow formal bid procedures.

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City Council, 10/08/2024
Aircraft Maintenance and Repair Services Agreement

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Therefore, staff recommends the Aircraft Maintenance Services of this agreement to Mather Aviation, LLC should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since Mather Aviation, LLC is the only known provider for maintenance of the Gipps Aero GA8 aircraft and provides services on-site at the Modesto City-County Airport and is therefore the most logical and cost-effective choice for aircraft maintenance services.

FISCAL IMPACT:

The anticipated cost of $159,768 for the aircraft maintenance agreement will be absorbed within the current Modesto Police Department General Fund Operating budget in the Air Support Unit Cost Center (19322) in Account No. 52300 (Tool and Field Supplies) and 53100 (Repair and Maintenance Services). This is for a two-year agreement, in Fiscal Year 2024-2025, the total estimated cost is $87,072 and for Fiscal Year 2025-2026, the total estimated cost is $72,696.

The totals for each fiscal year are calculated as shown below:

YEAR 1:

Description Man-Hours Hourly rate Total Cost
5 cycles of Inspections – 48 man-hours each 240 $155 $37,200 Camera removal/install – 16 man-hours each
instance, est. 2 instances
32 $155 $4,960
FAA Safety Repairs 80 $155 $12,400
Engine Replacement (100 man-hours) 100 $155 $15,500
Spare Rims – est. 1 time n/a n/a $2,500
20% contingency for parts and labor n/a n/a $14,512
TOTAL FOR YEAR 1: $87,072
YEAR 2:

Description Man-Hours Hourly rate Total Cost
5 cycles of Inspections – 48 man-hours each 240 $165 $39,600 Camera removal/install – 16 man-hours each
instance, est. 2 instances
32 $165 $5,280
FAA Safety Repairs 80 $165 $13,200
Spare Rims – est. 1 time n/a n/a $2,500
20% contingency for parts and labor n/a n/a $12,116
TOTAL FOR YEAR 2: $72,696
COMMITTEE RECOMMENDATION:

This item was not presented to the Safety and Communities Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Agreement with Mather Aviation, LLC, Mather, California for Aircraft Maintenance and Repair Services for a two-year Agreement, for an estimated amount of $87,072, and a total amount not to exceed $159,768 over two years; and authorizing the City Manager, or his designee, to execute the Agreement.

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City Council, 10/08/2024
Aircraft Maintenance and Repair Services Agreement

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement with Mather Aviation, LLC

3. Exhibit B – Price Schedule

4. Exhibit C – Scope of Work – Maintenance Breakdown

5. Financial Interest Disclosure Form

6. Executed Bid Waiver
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-372

RESOLUTION APPROVING THE AGREEMENT WITH MATHER AVIATION,

LLC, MATHER, CALIFORNIA, FOR AIRCRAFT MAINTENANCE AND

REPAIR SERVICES FOR A TWO-YEAR AGREEMENT, FOR AN ESTIMATED ANNUAL AMOUNT OF $87,072, AND A TOTAL AMOUNT NOT TO EXCEED $159,768 OVER TWO YEARS; AND AUTHORIZING THE CITY MANAGER,

OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT
WHEREAS, on February 28, 2023, by Resolution No. 2023-87, Council approved the purchase of a Gipps Aero GA8 for use by the Modesto Police Department (MPD) to establish its Air Support Unit; and
WHERAS, the Gipps Aero GA8, now known as Sky 1, was delivered to the MPD on March 31, 2023; and
WHEREAS, aircraft maintenance is necessary to keep the aircraft in a state of airworthiness, for the safety of the crew and everyone in the service area; and WHEREAS, aircraft maintenance is a highly regulated field requiring both scheduled and preventative servicing, inspection, testing, repair and overhaul or modification activities by certified maintenance technicians; and WHEREAS, the Gipps Aero GA8 is a unique aircraft with only 250 units built and sold throughout the world; and
WHEREAS, this uniqueness also extends to the maintenance schedule for this aircraft which requires inspections in 50-hour increments within 200 hours of flight time; and
WHEREAS, Mather Aviation is the only service provider with trained personnel that have experience working on this aircraft in Northern California and has locations in both Modesto and Sacramento; and
10/08/2024/Police/KSouza/Item 21 1 2024-372
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WHEREAS, the California Highway Patrol (CHP) also operates with the Gipps Aero GA8 platform and has contracted with Mather Aviation, LLC for their maintenance needs for the last three years; and
WHEREAS, any maintenance option outside of Modesto is not feasible, nor financially responsible, as it would require the department to fly the aircraft for services which would incur the cost of the service plus the cost of fuel and additional maintenance on the plan for flight hours on the engine; and
WHEREAS, Modesto Municipal Code (MMC) Section 8-203 generally requires all purchases in excess of $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in MMC 8-204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Therefore, staff recommends the Aircraft Maintenance Services of this agreement to Mather Aviation, LLC, should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code Section 8-204(d) since Mather Aviation, LLC is the only known provider for maintenance of the Gipps Aero GA8 since Mather Aviation, LLC is the only known provider for maintenance of the Gipps Aero GA8 aircraft and provides services on-site at the Modesto City-County Airport and is therefore the most logical and cost-effective choice for aircraft maintenance services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto approves the Agreement with Mather Aviation, LLC, Mather, California, for Aircraft 10/08/2024/Police/KSouza/Item 21 2 2024-372
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EXHIBIT B #4..
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Scope of Work – Aircraft Maintenance

1. Contractor agrees to provide to the Modesto Police Department (MPD) all personnel, labor, materials, tools, supplies, equipment, permits and licenses necessary for airplane maintenance and repair for aircraft assigned to the Air Support Unit.

A. License/Certification Requirements:
i. Current factory authorized GippsAero Service Station OR a valid Federal Aviation Administration (FAA) approved repair station as prescribed in Part 145 of the Federal Aviation Regulations (FARS).
ii. All mechanics will be supervised by an FAA Airframe & Powerplant certified mechanic. iii. Contractor shall employ at least one FAA certified Inspection Authorization (IA).

All certificates, licenses and permits shall be current and in effect throughout the term of the agreement.

2. The services shall be performed at: Mather Aviation Modesto, 801 Airport Way Hangar 2 Modesto CA 95354

3. Detailed description of work to be performed:
a. Contractor shall provide all labor, personnel, equipment, supplies, materials, tools, transportation, licenses, and/or permits, and insurance necessary to maintain GippsAero GA8 aircraft owned and operated by MPD. The term “maintain” shall include service, repair, replace, troubleshoot and provide new items, for the aircraft airframe and power plant(engine). The Contractor shall be a current factory authorized GippsAero Service Station or a valid Federal Aviation Administration (FAA) approved repair station, as prescribed in Part 145 of the Federal Aviation Regulations. All certificates, licenses, and permits shall be current and in effect throughout the term of this agreement, and readily available for inspection by MPD.
b. The Contractor shall demonstrate adequate facilities, equipment, and personnel to perform airframe and engine maintenance and/or repair. Contractor’s regular place of business shall be available for inspection by MPD and access granted to MPD employees while MPD aircraft are being maintained or MPD parts or equipment are on-site. c. Contractor shall employ at least one FAA certified Inspection Authorization (IA) mechanic to perform maintenance and/or repairs. Certification(s) shall be current and in effect throughout the term of this agreement. Work experience shall be subject to verification by MPD.
d. The ASU Supervisor shall perform an airplane maintenance inspection concurrent with Contractor’s inspection. If unavailable, the ASU Supervisor shall delegate a suitable departmental delegate to conduct the inspection. The purpose of the inspection will be to ensure that the Contractor’s assigned mechanic(s) are performing services in compliance with FAA regulations, airworthiness directives, and manufacturer’s bulletins. Contractor shall ensure that aircraft and engine logbooks are complete and accurate entries are made, life-limited component use times are accurately recorded, and ensure any spare components are properly tagged (serviceable, non-serviceable, repairable) and identified.

If determined the Contractor is not in compliance as stated, both ASU and Contractor will agree on a “time-frame” to remedy and/or resolve the issue(s). If the issue(s) are not resolved within the agreed upon time-frame, the contract may be terminated.

EXHIBIT C
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e. It is the responsibility of Contractor to provide the tools which are necessary for routine maintenance or repair of the MPD aircraft. Should MPD request the use of tools or special equipment that is not required for normal maintenance, Contractor shall provide a written cost estimate and receive authorization from the ASU Supervisor prior to purchase or rental of these items. If approved, this cost shall be charged against the contract agreement.

Any purchase of special equipment required for normal maintenance against the contract agreement will be the property of the MPD.
f. Contractor shall have a formal tool inventory control system to ensure that all tools used during maintenance are removed from the aircraft and returned to their storage areas at the end of maintenance.
g. Contractor shall maintain the aircraft in accordance with all appropriate FAA, manufacturer and MPD requirements. Contractor will perform other services and repairs as necessary or as required by MPD. Contractor shall maintain all required navigation databases as required by the FAA. Authorization for providing service shall be at the direction of the ASU Supervisor, or designee.
h. To ensure compliance with FAA regulations, airworthiness directives, and manufacturer’s bulletins, service bulletins, and advisories, contractor shall comply with Federal Aviation Regulation (FAR) 43.9 as it relates to logbook/maintenance record entries. The MPD operates under FAR part 91 guidelines, but MPD requires logbook entries to comply with FAR 43.9. The logbook entry shall be made on adhesive label material and securely attached to the logbook page, or Contractor shall make a pen and ink entry. The attachment of any work order to the logbook and/or an entry to “see work order for details,” shall not be allowed.
i. Contractor shall utilize an aircraft maintenance management and tracking service system for all maintenance tracking/documentation and inventory control. j. Contractor shall be required to complete appropriate inspection checklists approved by the manufacturer, and/or FAA. This checklist shall be signed by the mechanic and made available to MPD pilot receiving the aircraft. The GippsAero GA8 Progressive Maintenance Program is the only accepted checklist for use on MPD GippsAero GA8 aircraft. k. Contractor agrees to use the Progressive Maintenance Program contained in the GippsAero recommended procedures and instructions for the ground handling, services, and maintaining of the GA8 Aircraft.
l. Contractor shall be required to research, maintain and comply with all mandatory manufacturers “Service Bulletins (SB)” pertaining thereof with airframe, power plant and propeller requirements. Contractor shall be required to comply with all manufacturers “Airworthiness Directives (AD)” issued by the FAA in accordance with 14 CFR part 39 to correct an unsafe condition in a product. Part 39 defines a product as an aircraft, engine, propeller or appliance.
m. For all work other than scheduled inspections, Contractor shall provide a written estimate of labor, parts, and time required to complete the specified maintenance and/or repairs.

No work shall be done or parts supplied in excess of, or different from the original written estimate without the separate oral or written approval of the ASU Supervisor. Should Contractor continue to work without the separate oral or written approval of the ASU Supervisor, MPD is released from all obligation to pay any amount over the original estimate.
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n. To ensure the origin of life limited components, Contractor shall provide an itemized manufacturer’s invoice for all life limited parts purchased from the manufacturer. The invoice shall be submitted with Contractor’s invoice.
o. Contractor shall provide a copy of the work order with the life limited component detailing the work performed for any component overhauled by or through Contractor. p. Airframe, Avionics or engine repair related discrepancies that are not capable of being corrected by Contractor shall not be subcontracted and notification shall be made to the ASU Supervisor. MPD will coordinate necessary repairs and reserves the right to utilize any available maintenance contract for such repairs or modifications. q. Technical advice may be obtained by Contractor from the appropriate manufacturer or other designated representatives.
r. When MPD critical parts or components are shipped, they shall be insured by Contractor for replacement value.
s. Any damage caused to the aircraft or its components through neglect or negligence by Contractor or its employees shall be the sole responsibility of Contractor. t. Should Contractor be required to travel to a location other than the specified MPD facility to maintain the aircraft, actual out-of-pocket expenses (current Federal General Services Agency GSA rate for meals, lodging, etc.) shall be reimbursed when supported by receipts.

Contractor shall be reimbursed for mileage at the current GSA rate. Expenses for such per diem and mileage shall be included on the invoice(s) for work performed. Expenses for such per diem and mileage shall only be authorized for travel incurred within the state.

Authorization for out-of-state travel must be obtained and approved by the ASU Supervisor prior to any expenses being incurred. Additionally, expenses for rental cars or airfare shall not be authorized.
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Hours Calculations
240 48x5=240; 240*155=37,200
32 32*155=4,960
80 80*155=12,400
100 100*155=15,500
452
72,560+100=725.6; 725.6x20=14,512
452
240 48x5=240;240*165=39,600
32 32*165=5,280
80 80*165=13,200
352
60,580+100=605.8; 605.8x20=12,116
352
Cost
$37,200
$4,960
$12,400
$15,500
$2,500
$72,560
$14,512
$87,072
$39,600
$5,280
$13,200
$2,500
$60,580
$12,116
$72,696
$159,768
Maintenance Breakdown
Mather Agreement
5 Cycles of Inspections at 48 man hours each
Camera Removal/lnstall-16 hour each occurrence 32 hours a year 64 total life of contract FAA Safety Repairs - 80 hours each year
Engine Replacement (100 hours) 1 time during contract
Spare Rims lx a year - $2,500 a year $5,000 total contract.

Total
20%
Year 1 Grand Total
5 Cycles of Inspections at 48 man hours each
Camera Removal/lnstall-16 hour each occurrence 32 hours a year 64 total life of contract FAA Safety Repairs - 80 hours each year
Spare Rims lx a year - $2,500 a year $5,000 total contract.

Total
20%
Year 2 Grand Total
Agreement Amount for both years
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 23, 2025
Date: May 20, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Fire Extinguisher Inspection, Testing and Maintenance Services CONTACT: Gabe daSilva, Facilities Manager, [email protected], 209-652-2579 DESCRIPTION:

Consider the Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a total combined amount not to exceed $160,269 over five years and forwarding to Council for approval. (Funding Source: Building Maintenance Fund) STRATEGIC PLAN ELEMENT:

This action supports the 2025-2026 City of Modesto Strategic Plan Area of Focus: Governance and Service Delivery; “Build community trust in City government through responsive, transparent and efficient service delivery.”; Goal H: “Achieve long-term financial sustainability.” BACKGROUND:

The City has approximately 1,044 fire extinguishers that are used in city vehicles, buildings, and city parking lots. The fire extinguishers are required to be maintained, certified, or recharged on an annual basis. This bid was created to combine all extinguisher services for city-owned buildings as well as vehicles, into one service agreement allowing staff to obtain the best pricing through economies of scale and enabled staff to more effectively coordinate maintenance, repair and replacement of fire extinguishers throughout the City.

On January 14, 2020, by Resolution 2020-09, Council approved the award of agreement for fire extinguisher inspection and maintenance service to Nor Cal Fire Inc., Ripon, CA, for a two-year agreement with three, one-year extension options for an estimated annual cost not to exceed $17,500 and a total combined cost not to exceed $87,500 over five years.

On November 23, 2021, by Resolution No. 2021-451, Council authorized the First Amendment for agreement for fire extinguisher inspection and maintenance service, to increase the #5..
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Finance Committee, June 23, 2025
Fire Extinguisher Inspection, Testing and Maintenance Services

agreement amount by $17,500 to a total revised amount not to exceed $41,000 through the term of the agreement. This agreement has since expired and the vendor choose not to renew services under the existing agreement therefore, we currently do not have a contracted vendor for these services.

DISCUSSION:

On January 18, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for Fire Extinguisher Inspection, Testing and Maintenance Services. On June 11, 2024, the Purchasing Division issued Invitation for Bids (IFB) 2324-71 for Fire Extinguisher Inspection, Testing and Maintenance Services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Fifteen companies downloaded the IFB document from PlanetBids. On July 9, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Zero companies chose to respond.

Due to the non-responsiveness of the bids, on November 19, 2024, the Purchasing Division issued another Invitation for Bids (IFB) 2324-71RB for Fire Extinguisher Inspection, Testing and Maintenance Services on the City’s PlanetBids public bidding website under the same various commodity codes. Prospective bidders were notified online and via email of the bid opportunity.

Twelve companies downloaded the IFB document from PlanetBids.

On December 17, 2024, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two companies chose to respond, no local bids were received.

Based on providing the lowest responsive and responsible bid, City staff recommended to award Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc.

Sacramento, CA, for a two-year agreement with three one-year extension options for a total estimated annual cost of $30,000, and total combined amount not to exceed $160,269 over five years between the two agreements.

Staff recommends awarding two agreements for Fire Extinguisher Inspection, Testing and Maintenance Services as follows:

Primary - Firecode Safety Equipment, Inc.- $20,000 estimated annually for Fire Extinguisher Inspection, Testing and Maintenance Services for a five-year total amount not to exceed $106,846.

Secondary - National Fire Systems, Inc.- $10,000 estimated annually for Fire Extinguisher Inspection, Testing and Maintenance Services for a five-year total amount not to exceed $53,423.
1 93609 Alarm Equipment Maintenance/Repair (Fire, Etc.), 93632 Fire Fighting Equipment Maintenance and Repair, 93633 Fire Protection Equipment and Systems Including Fire Hydrants, Fire Sprinkler Systems, Smoke Detectors, Jaws of Life, Fire Protections Material Treatment, Etc. Maintenance and Repair, 98138 Fire Protection Systems and Supplies Rental or Lease, 99000 Security, Fire, Safety and Emergency Services (Including Disaster Document Recovery), 34000 Fire Protection Systems and Supplies, 34016 Fire Alarm Systems, Power Sirens, and Controls, 34020 Fire Detecting Equipment, 34028 Fire Extinguishers, Rechargers, and Parts, 34032 Fire Hose Carts, Dryers, Racks, Reels, Rollers, and Winders, Etc., 34060 Hydrants, Fire (Including Accessories and Parts), 34064 Nozzles and Parts, Fire Hose
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Finance Committee, June 23, 2025
Fire Extinguisher Inspection, Testing and Maintenance Services

Staff recommends a separate agreement for both Firecode Safety Equipment and National Fire Systems in order to provide backup, or in case the “primary” contractor is unable to meet the City’s needs.

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. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203 City Staff recommends the award of bid for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc. Sacramento, CA.

FISCAL IMPACT:

The two proposed agreements have a combined estimated annual amount of $30,000, resulting in a combined five-year not to exceed total of $160,269. A 5.5% Consumer Price Index (CPI) increase projection has been calculated for Years 3, 4, and 5 which are included in the Contracted Services pricing. Funds are budgeted in the Building Maintenance Fund 5800- 52120-53300 with funding for contingency services being allocated at the time of approval.

Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
Firecode Safety
Equipment $20,000 $20,000 $21,100 $22,261 $23,485 $106,846 National Fire
Systems $10,000 $10,000 $10,550 $11,130 $11,743 $53,423 Combined total
for both 5-Yr
Agreements
$30,000 $30,000 $31,650 $33,391 $35,228 $160,269
The overall agreement total was calculated by forecasting CPI percentage increases based on an average of the CPI index over the last twelve months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.
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Finance Committee, June 23, 2025
Fire Extinguisher Inspection, Testing and Maintenance Services

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending the Award of Bid and Agreements for Fire Extinguisher Inspection, Testing and Maintenance Services to Firecode Safety Equipment, Inc., Sacramento, CA and National Fire Systems, Inc. Sacramento, CA for a two-year Agreement with three one-year extension options, for a combined estimated annual amount of $30,000, and a combined total amount not to exceed $160,269 over five years between the two agreements and forwarding to Council for approval.

Approved by:

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

1. Agreement – Firecode Safety Equipment including Exhibits B & C

2. Agreement – National Fire Systems and all Exhibits

3. Cost Abstract

4. IFB 2324-71RB Bid Document

5. Firecode Safety Equipment - CA Levine Act Disclosure form

6. National Fire Systems – CA Levine Act Disclosure form #5..
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1 ANNUAL AGREEMENT #298811 - FIRE EXTINGUISHER INSPECTION, TESTING AND

MAINTENANCE 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 Firecode Safety Equipment, Inc., a California Corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services as described in IFB 2324-71RB, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 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 $20,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $106,846. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit “B”.

AGREEMENT PRICING
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, 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.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $10.00 $200.00
2 5 LB ABC Recharge 5 LB 377 $10.00 $3,770.00
3 10 LB ABC Recharge 10 LB 285 $10.00 $2,850.00
4 15 LB ABC Recharge 15 LB 14 $10.00 $140.00
5 20 LB ABC Recharge 20 LB 45 $10.00 $450.00
6 30 LB ABC Recharge 30 LB 1 $10.00 $10.00
7 20 LB BC Recharge 20 LB 1 $10.00 $10.00
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3 8 20 LB D Recharge 20 LB 4 $10.00 $40.00
9 20 LB HALO Recharge 20 LB 1 $10.00 $10.00
10 11 LB HALO Recharge 11 LB 1 $10.00 $10.00
11 6 GAL. Water Recharge 6 GAL. 6 $10.00 $60.00
12 1.6 L Water Recharge 1.6 L 3 $10.00 $30.00
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $10.00 $30.00
14 20 LB Purple K 20 LB 1 $10.00 $10.00
15 1.6 L Purple K 1.6 L 7 $10.00 $70.00
16 20 LB cartridge 20 LB 9 $50.00 $450.00
17 CO2 each 5 $80.00 $400.00
18 O-RING – (on recharge) each 783 $0.10 $78.30
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $0.10 $147.00 20 5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $20.00 $2,000.00
21 6-year Tear Down (Dry Chem Only) each 25 $20.00 $500.00 22 6-year Tear Down (Wet Chem Only) each 25 $20.00 $500.00 23 PULL PINS – AS NEEDED each 38 $0 $0
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $1.00 $10.00
25 195 PSI GAUGE – AS NEEDED each 10 $1.00 $10.00
26 HOSE REPLACEMENT AS NEEDED each 25 $10.00 $250.00
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $5.00 $200.00
Total of Items 1-27 BASE BID: $12,235.30

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $60.00 NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $85.00 NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $120.00 NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $160.00 NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $240.00 NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $150.00 NEW FIRE EXTINGUISHER – 20 LB D each $1,650.00
NEW FIRE EXTINGUISHER – 11 LB HALO each $1,170.00
NEW FIRE EXTINGUISHER – 20 LB HALO each $1,650.00
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $240.00
NEW FIRE EXTINGUISHER – 6 GAL. Water each $380.00
NEW FIRE EXTINGUISHER – 1.6 L Water each $180.00
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $320.00
NEW FIRE EXTINGUISHER – 20 LB Purple K each $380.00
NEW FIRE EXTINGUISHER – 20 LB cartridge each $460.00
NEW FIRE EXTINGUISHER – CO2 each $420.00
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $180.00
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4 5 LB Halotron New each $550.00

15.5 LB Halotron New each $1,650.00
Plexiglass for Cabinets (5 LB & 10 LB) each $10.00
JLL Wall Mount Fire Extinguisher Box 5 LB each $100.00
JLL Wall Mount Fire Extinguisher Box 10 LB each $180.00 Percentage off the Manufacturer List Price for additional parts. _0___% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to zero percent ( 0 %) cash discount if invoice is paid within N/A days after acceptance of service.

2. CITY REPRESENTATIVE:

CITY Representative: Gabe DaSilva, Facilities Manager, 209-342-2281, [email protected] Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [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:

Contractor Contact: Name: Ned Ng
Title: Vice President
Phone (Office): 9 I 6-456-5561
Phone (Mobile): 916-897-0274
Mailing Address: 3722 W. Pacific Ave, Sacramento, CA, 95820 Email: [email protected]
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5 4. TERM OF AGREEMENT:

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

Year 1: June 1, 2025, through May 31, 2026
Year 2: June 1, 2026, through May 31, 2027
Year 3: June 1, 2027, through May 31, 2028
Year 4: June 1, 2028, through May 31, 2029
Year 5: June 1, 2029, through May 31, 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 the City of Modesto 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.

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 30 terms via CITY’s ePay #5..
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6 Program”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT number 298811.
 CITY department/division name and address
 Billing period
 Service hours worked day and week.
 Unit price, extended price, sales tax and total

7. INDEMNITY:

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

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #5..
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7 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEYS’ FEES:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced 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. 2324-71RB.
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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8 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

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

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

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

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

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

14. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions 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:
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11 If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

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: Ned Ng - Vice President
Phone (Office): 9I6-456-5561
Phone (Mobile): 916-897-0274
Mailing Address: 3722 W. Pacific Ave, Sacramento, CA, 95820 Email: [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.

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.
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12 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.

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

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 #5..
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14 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.

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 “B” and “C”, 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. #5..
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15 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.

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 “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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16 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.
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17 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
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. #5..
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18 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 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
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19 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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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
1 INVITATION FOR BIDS (“IFB”) NO. 2324-71RB
FOR

FIRE EXTINGUISHER INSPECTION, TESTING AND MAINTENANCE SERVICES BID OPENING: DECEMBER 17, 2024, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, 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 .................................................................. 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS ......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES ................................................................... 25 BID FORM F - FINANCIAL INTEREST DISCLOSURE ................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT .................................................... 30 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS .................................................................. 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS ............................................... 33 BID FORM L - SUBCONTRACTOR LIST ......................................................................................... 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 35

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

1.2 REQUIRED LICENSES: ............................................................................................................... 37 SAMPLE AGREEMENT ......................................................................................................................... 38 #5..
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FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Fire Extinguisher Inspections, Testing and Maintenance services (the “Services”) for the City of Modesto, Public Works Department, Building Services Division.

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

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

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to DECEMBER 17, 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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FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-71RB
BID OPENING DATE: DECEMBER 17, 2024, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK

CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95353
DELIVER/ COURIER TO:

CITY CLERK
1010 10TH STREET, SUITE 6600
MODESTO, CA 95354

The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of one hundred twenty (120) days after the date set for the opening thereof.
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FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued November 19, 2024
Written Questions Due via Email November 26, 2024
Addendum Issued (if required) December 3, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, December 17, 2024 Contract Award Approximately May 2025

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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FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
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, December 17, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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TESTING AND MAINTENANCE SERVICES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST 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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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

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

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

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

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

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

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

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

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

L. 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. #5..
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FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
10 • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

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

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

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #5..
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11 • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor.
b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date.
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

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

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

City Clerk’s Office
Attn: Director of Finance
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
12 PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10)days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

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

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

City Clerk’s Office
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FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
13 Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

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

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

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

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

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

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

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

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

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission.

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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

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

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

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

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

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

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

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

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

ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

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

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

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

11. One “Inked” Signed Original Bids Document Required: Failure to furnish one (1) “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

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

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

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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

L. City of Modesto
Business License
Number (note –
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20 provide only if
available now - - but
not required until any
contract begins):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, 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.

INVITATION FOR BID AND SPECIFICATIONS NO. IFB 2324-71RB

FIRE EXTINGUISHER INSPECTION, TESTING, AND MAINTENANCE SERVICES SCHEDULE of QUANTITIES
Pricing will be as stated in vendor submitted bid regardless of Fire Extinguisher Location within a City Building. The City shall not pay Fire Extinguisher retrieval fees.

ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
** In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $ $
2 5 LB ABC Recharge 5 LB 377 $ $
3 10 LB ABC Recharge 10 LB 285 $ $
4 15 LB ABC Recharge 15 LB 14 $ $
5 20 LB ABC Recharge 20 LB 45 $ $
6 30 LB ABC Recharge 30 LB 1 $ $
7 20 LB BC Recharge 20 LB 1 $ $
8 20 LB D Recharge 20 LB 4 $ $
9 20 LB HALO Recharge 20 LB 1 $ $
10 11 LB HALO Recharge 11 LB 1 $ $
11 6 GAL. Water Recharge 6 GAL. 6 $ $
12 1.6 L Water Recharge 1.6 L 3 $ $
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $ $
14 20 LB Purple K 20 LB 1 $ $
15 1.6 L Purple K 1.6 L 7 $ $
16 20 LB cartridge 20 LB 9 $ $
17 CO2 each 5 $ $
18 O-RING – (on recharge) each 783 $ $
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $ $
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22 20
5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $ $
21 6-year Tear Down (Dry Chem Only) each 25 $ $
22 6-year Tear Down (Wet Chem Only) each 25 $ $
23 PULL PINS – AS NEEDED each 38 $ $
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $ $
25 195 PSI GAUGE – AS NEEDED each 10 $ $
26 HOSE REPLACEMENT AS NEEDED each 25 $ $
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $ $
Total of Items 1-27 BASE BID: $

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB D each $
NEW FIRE EXTINGUISHER – 11 LB HALO each $
NEW FIRE EXTINGUISHER – 20 LB HALO each $
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $
NEW FIRE EXTINGUISHER – 6 GAL. Water each $
NEW FIRE EXTINGUISHER – 1.6 L Water each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
NEW FIRE EXTINGUISHER – 20 LB Purple K each $
NEW FIRE EXTINGUISHER – 20 LB cartridge each $
NEW FIRE EXTINGUISHER – CO2 each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
5 LB Halotron New each $

15.5 LB Halotron New each $
Plexiglass for Cabinets (5 LB & 10 LB) each $
JLL Wall Mount Fire Extinguisher Box 5 LB each $
JLL Wall Mount Fire Extinguisher Box 10 LB each $
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23 Percentage off the Manufacturer List Price for additional parts. _______% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to percent ( %) cash discount if invoice is paid within days after acceptance of service.

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 only, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ________________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking (√) here.

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

Name of Bidder Signatory:

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:
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26 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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27 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

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

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

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

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

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

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

10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

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

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

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

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

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

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

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

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include ICC-NAFED Certified Portable Fire Extinguisher Technician, Certificates of Registration from the Office of the State Fire Marshal's (OSFM), and in NFPA-10 Annual Fire Extinguisher Inspection Certification. #5..
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34 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, 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

N/A N/A

N/A N/A

N/A N/A

N/A N/A

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

1.0 SCOPE OF WORK:

The City of Modesto is seeking bids from qualified Contractors for furnishing and delivering fire extinguishers, maintaining, repairing, and servicing as required to various departments and sites throughout the City of Modesto in accordance with the current version of NFPA 10 – Standard Portable Fire Extinguishers, Chapter 7 criteria, and all applicable regulations for portable fire extinguishers; the terms and conditions specified herein, which also include the below:

1.0.1 Estimated Quantities
No guarantee can be given that total estimated quantities, as shown in the “BID FORM C - PRICING SCHEDULE” will be reached or exceeded. Vendor agrees to furnish these services at the unit prices quoted in accordance with the City's actual requirements throughout the Contract period.

1.0.2 The purpose of this bid is to establish a firm, fixed, unit price for the cost to test, maintain, repair, refill and provide new fire extinguishers. The City has approximately 800 fire extinguishers throughout the City of various sizes and types.

1.0.4 Site location maps, where available, with the fire extinguisher locations will be. shared with the awarded Contractor, however, a City representative will provide. escorting to expedite these required services.

1.0.4 If new extinguisher is required, Contractor shall provide documentation that the unit is equivalent (NFPA/UL approved, warranty, replacement parts availability, etc.) to the unit being taken out of service.

1.1 GENERAL REQUIREMENTS:

1.1.1. Annual Inspection, Service & Certification, and examination as applicable in accordance with NFPA 10, at a minimum the following Chapter 7 will apply; sections 7.3.2 through 7.3.5, 7.4, and 7.6, will involve a thorough examination of the fire extinguisher shell and its external mechanical parts. The maintenance will include, at a minimum, the following:

1. All inspection items.

2. Inspection of the hose and nozzle for cracks, blockages, or other damage.

3. Inspection of extinguisher shell for corrosion, dents, or other damage.

4. Inspect the cabinet housing and/or hangers; Contractor shall inform the City Representative of any maintenance issues or obstructions observed so that a corrective work order can be issued.

5. Routine service to be performed as required throughout the period of the Agreement.

1.1.2. When inspection or maintenance of any extinguisher reveals a deficiency in operating condition, the following corrective actions shall be taken immediately:

1. Repair/recharge if the deficiency is correctable in the field.

2. Place a spare extinguisher of the same type and equal or greater rating shall replace the extinguisher if field corrective action is not able to restore the fire extinguisher to operational status.

3. Defective extinguishers are to be marked as such and the Contractor shall store the defective extinguisher(s) at the contractor’s shop, at no extra charge to the City, until #5..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
36 repairs or recharge have been completed and extinguisher(s) are suitable for placement within a facility. Prior to removal from any City facility, Contractor shall obtain acceptance from the City Representative or site assigned representative and provide documentation as to the unit being removed from the City facility.

1.1.3. Contractor shall work with City Representative as various sites collect all fire extinguishers in a common area to maximize efficiency for annual servicing.

1.1.4. Documentation of inspection and maintenance will be provided by maintaining, at a minimum, the following records:

1. The fire extinguisher checklist, which contains the location of each fire extinguisher; its weight, type, and dates of inspections; and annual maintenance:
a) Checklist should be performed and turned over by the Contractor per NFPA Appendix I Tables I.1(a) and I.1(b). Available here: NFPA 10 Standard Development; https://www.nfpa.org/codes-and-standards/nfpa-10-standard-development/10

2. A fire extinguisher inspection record tag is attached to each extinguisher and provides the following information:
a) The date the extinguisher was inspected.
b) The condition of the extinguisher.
c) The initials of the person performing the inspection.

1.1.5. The fire extinguisher inspection record must indicate the date of the last charge; recharge & the last date of hydrostatic testing must be recorded. Per NFPA 10, the service tag has the information “punched” by the certified vendor and affixed to the extinguisher. Available here:

NFPA 10 Standard Development; https://www.nfpa.org/codes-and-standards/nfpa-10-standarddevelopment/10

1.1.6. Six-year inspection and examination as applicable in accordance with NFPA 10 sections 7.3.6.

If new extinguisher is less expensive for the City, Contractor shall propose this as an option to reduce City costs.

1.1.7. Hydrostatic testing, as applicable in accordance with NFPA 10 sections 8.1 through 8.8, Extinguishers requiring testing to be performed at 5-year intervals for CO2 extinguishers and 12- year intervals for dry chemical and halon extinguishers.

Extinguishers that require one 12-year hydrostatic test shall be emptied and subjected to maintenance every six years interval.

If new extinguisher is less expensive for the City, Contractor shall propose this as an option to reduce City costs.

1.1.8. Minor repairs or replacement of extinguishers on an “as needed” basis to maintain proper fire extinguisher coverage at all City sites.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
37 1.2 REQUIRED LICENSES:

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

1.3 TERM OF AGREEMENT:

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

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

B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the 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. #5..
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38 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT #XXXXXX - FIRE EXTINGUISHER INSPECTION, TESTING

AND MAINTENANCE 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 Fire Extinguisher Inspection, Testing and Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services as described in IFB 2324-71RB, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB). #5..
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39 NOW, THEREFORE, the parties hereto mutually agree as follows:

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

AGREEMENT PRICING
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, 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.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $ $
2 5 LB ABC Recharge 5 LB 377 $ $
3 10 LB ABC Recharge 10 LB 285 $ $
4 15 LB ABC Recharge 15 LB 14 $ $
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40 5 20 LB ABC Recharge 20 LB 45 $ $
6 30 LB ABC Recharge 30 LB 1 $ $
7 20 LB BC Recharge 20 LB 1 $ $
8 20 LB D Recharge 20 LB 4 $ $
9 20 LB HALO Recharge 20 LB 1 $ $
10 11 LB HALO Recharge 11 LB 1 $ $
11 6 GAL. Water Recharge 6 GAL. 6 $ $
12 1.6 L Water Recharge 1.6 L 3 $ $
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $ $
14 20 LB Purple K 20 LB 1 $ $
15 1.6 L Purple K 1.6 L 7 $ $
16 20 LB cartridge 20 LB 9 $ $
17 CO2 each 5 $ $
18 O-RING – (on recharge) each 783 $ $
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $ $
20 5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $ $
21 6-year Tear Down (Dry Chem Only) each 25 $ $
22 6-year Tear Down (Wet Chem Only) each 25 $ $
23 PULL PINS – AS NEEDED each 38 $ $
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $ $
25 195 PSI GAUGE – AS NEEDED each 10 $ $
26 HOSE REPLACEMENT AS NEEDED each 25 $ $
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $ $
Total of Items 1-27 BASE BID: $

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB D each $
NEW FIRE EXTINGUISHER – 11 LB HALO each $
NEW FIRE EXTINGUISHER – 20 LB HALO each $
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $
NEW FIRE EXTINGUISHER – 6 GAL. Water each $
NEW FIRE EXTINGUISHER – 1.6 L Water each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
NEW FIRE EXTINGUISHER – 20 LB Purple K each $
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41 NEW FIRE EXTINGUISHER – 20 LB cartridge each $
NEW FIRE EXTINGUISHER – CO2 each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
5 LB Halotron New each $

15.5 LB Halotron New each $
Plexiglass for Cabinets (5 LB & 10 LB) each $
JLL Wall Mount Fire Extinguisher Box 5 LB each $
JLL Wall Mount Fire Extinguisher Box 10 LB each $
Percentage off the Manufacturer List Price for additional parts. _______% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to percent ( %) cash discount if invoice is paid within days after acceptance of service.

3. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

Contractor Contact: ______________________________________ ______________________________________________________

5. TERM OF AGREEMENT:

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

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

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

6. LIABILITY INSURANCE:

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

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

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

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

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

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

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

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

9. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, #5..
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45 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.

10. 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.

11. 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.

12. 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. 2324-71RB.
d. Contractor’s City of Modesto business license

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the #5..
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47 SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. f. Complete performance of such part of the SERVICES as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES.
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials. b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
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48 14. 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.

15. FAILURE TO PERFORM SATISFACTORY WORK:

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

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

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

16. 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 #5..
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49 makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

17. 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.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

19. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
__________________

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

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

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

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

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

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

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

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

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

25. CONTRACTOR LICENSES & PERMITS:

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

26. RECORDS:

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

27. FACILITIES AND EQUIPMENT:

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

28. INDEPENDENT CONTRACTOR; NOT AGENT:

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

29. DRUG FREE WORKPLACE:

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

30. ASSIGNMENT:

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

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

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

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

35. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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54 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: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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1 ANNUAL AGREEMENT #298812 - FIRE EXTINGUISHER INSPECTION, TESTING AND

MAINTENANCE 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 National Fire Systems, Inc., a California, Corporation, hereinafter called CONTRACTOR.

WITNESSETH:

WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services as described in IFB 2324-71RB, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).

NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 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 $10,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $53,423. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit “B”.

AGREEMENT PRICING
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, 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.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $11.00 $220.00
2 5 LB ABC Recharge 5 LB 377 $11.00 $4,147.00
3 10 LB ABC Recharge 10 LB 285 $11.00 $3,135.00
4 15 LB ABC Recharge 15 LB 14 $11.00 $154.00
5 20 LB ABC Recharge 20 LB 45 $11.00 $495.00
6 30 LB ABC Recharge 30 LB 1 $11.00 $11.00
7 20 LB BC Recharge 20 LB 1 $11.00 $11.00
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3 8 20 LB D Recharge 20 LB 4 $11.00 $44.00
9 20 LB HALO Recharge 20 LB 1 $11.00 $11.00
10 11 LB HALO Recharge 11 LB 1 $11.00 $11.00
11 6 GAL. Water Recharge 6 GAL. 6 $11.00 $66.00
12 1.6 L Water Recharge 1.6 L 3 $11.00 $33.00
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $11.00 $33.00
14 20 LB Purple K 20 LB 1 $11.00 $11.00
15 1.6 L Purple K 1.6 L 7 $11.00 $77.00
16 20 LB cartridge 20 LB 9 $11.00 $99.00
17 CO2 each 5 $11.00 $55.00
18 O-RING – (on recharge) each 783 $3.00 $2,349.00
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $2.00 $2,950.00 20 5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100
$35.00
$3,500.00
21 6-year Tear Down (Dry Chem Only) each 25 $20.00 $500.00 22 6-year Tear Down (Wet Chem Only) each 25 $20.00 $500.00 23 PULL PINS – AS NEEDED each 38 $4.00 $152.00
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10
$15.00
$150.00
25 195 PSI GAUGE – AS NEEDED each 10 $15.00 $150.00
26 HOSE REPLACEMENT AS NEEDED each 25 $15.00 $375.00
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40
$3.00
$120.00
Total of Items 1-27 BASE BID: $19,359.00

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $62.98 NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $76.25 NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $110.25 NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each NO BID NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $215.25 NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each NO BID NEW FIRE EXTINGUISHER – 20 LB D each $1,211.78
NEW FIRE EXTINGUISHER – 11 LB HALO each $1,054.88
NEW FIRE EXTINGUISHER – 20 LB HALO each $1,483.61
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $239.25
NEW FIRE EXTINGUISHER – 6 GAL. Water each NO BID
NEW FIRE EXTINGUISHER – 1.6 L Water each NO BID
NEW FIRE EXTINGUISHER – 1.6 L Purple K each NO BID
NEW FIRE EXTINGUISHER – 20 LB Purple K each $441.09
NEW FIRE EXTINGUISHER – 20 LB cartridge each NO BID
NEW FIRE EXTINGUISHER – CO2 each $216.55
NEW FIRE EXTINGUISHER – 1.6 L Purple K each NO BID
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4 5 LB Halotron New each $531.56

15.5 LB Halotron New each $1,483.61
Plexiglass for Cabinets (5 LB & 10 LB) each $25.54
JLL Wall Mount Fire Extinguisher Box 5 LB each $131.40
JLL Wall Mount Fire Extinguisher Box 10 LB each $167.40 Percentage off the Manufacturer List Price for additional parts. _20__% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to two percent ( 2.0 %) cash discount if invoice is paid within 10 days after acceptance of service.

2. CITY REPRESENTATIVE:

CITY Representative: Gabe DaSilva, Facilities Manager, 209-342-2281, [email protected] Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [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:

Contractor Contact: Name: Nicholas Robinson
Title: President
Phone (Office): 916-400-4290
Phone (Mobile): 916-803-9899
Mailing Address: 8521 Morrison Creek Dr
Fax Number: 916-456-8753 Sacramento, CA 95828
Email: [email protected]
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5 4. TERM OF AGREEMENT:

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

Year 1: June 1, 2025, through May 31, 2026
Year 2: June 1, 2026, through May 31, 2027
Year 3: June 1, 2027, through May 31, 2028
Year 4: June 1, 2028, through May 31, 2029
Year 5: June 1, 2029, through May 31, 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 the City of Modesto 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.

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 30 terms via CITY’s ePay #5..
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6 Program”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
 This AGREEMENT number 298812.
 CITY department/division name and address
 Billing period
 Service hours worked day and week.
 Unit price, extended price, sales tax and total

7. INDEMNITY:

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

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #5..
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7 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEYS’ FEES:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced 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. 2324-71RB.
d. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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8 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

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

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

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

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

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

14. ASSIGNMENT OF RIGHTS:

The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions 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:
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11 If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

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: Nicholas Robinson - President
Phone (Office): 916-400-4290
Phone (Mobile): 916-803-9899
Mailing Address: 8521 Morrison Creek Dr
Fax Number: 916-456-8753 Sacramento, CA 95828
Email: [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.

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.
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12 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.

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

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 #5..
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14 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.

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 “B” and “C”, 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. #5..
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15 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.

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 “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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16 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.
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17 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
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. #5..
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18 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 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
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19 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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ITEM # Size/UOM ITEM/DESCRIPTION QTY

FIRE EXTINGUISHER ANNUAL MAINTENANCE/RECHARGE UN PRC EXTENSION UN PRC EXTENSION 1 2.5 LB 2.5 LB ABC Recharge 20 $10.00 $200.00 $11.00 $220.00 2 5 LB 5 LB ABC Recharge 377 $10.00 $3,770.00 $11.00 $4,147.00 3 10 LB 10 LB ABC Recharge 285 $10.00 $2,850.00 $11.00 $3,135.00 4 15 LB 15 LB ABC Recharge 14 $10.00 $140.00 $11.00 $154.00 5 20 LB 20 LB ABC Recharge 45 $10.00 $450.00 $11.00 $495.00 6 30 LB 30 LB ABC Recharge 1 $10.00 $10.00 $11.00 $11.00 7 20 LB 20 LB BC Recharge 1 $10.00 $10.00 $11.00 $11.00 8 20 LB 20 LB D Recharge 4 $10.00 $40.00 $11.00 $44.00
9 20 LB 20 LB HALO Recharge 1 $10.00 $10.00 $11.00 $11.00 10 11 LB 11 LB HALO Recharge 1 $10.00 $10.00 $11.00 $11.00 11 6 GAL. 6 GAL. Water Recharge 6 $10.00 $60.00 $11.00 $66.00 12 1.6 L 1.6 L Water Recharge 3 $10.00 $30.00 $11.00 $33.00 13 2.5 GAL. 2.5 GAL. Water Recharge 3 $10.00 $30.00 $11.00 $33.00 14 20 LB 20 LB Purple K 1 $10.00 $10.00 $11.00 $11.00
15 1.6 L 1.6 L Purple K 7 $10.00 $70.00 $11.00 $77.00
16 20 LB 20 LB cartridge 9 $50.00 $450.00 $11.00 $99.00 17 each CO2 5 $80.00 $400.00 $11.00 $55.00
18 each O-RING – (on recharge) 783 $0.10 $78.30 $3.00 $2,349.00 19 LB ABC POWDER – AS NEEDED (pounds) 1475 $0.10 $147.50 $2.00 $2,950.00 20 each 5- AND 12-YEAR HYDROSTATIC TESTING – DRY CHEMICAL 100 $20.00 $2,000.00 $35.00 $3,500.00 21 each 6-year Tear Down (Dry Chem Only) 25 $20.00 $500.00 $20.00 $500.00 22 each 6-year Tear Down (Wet Chem Only) 25 $20.00 $500.00 $20.00 $500.00 23 each PULL PINS – AS NEEDED 38 $0.00 $0.00 $4.00 $152.00 24 each HANDLE REPLACEMENT – WHEN TOO DAMAGED TO FIX 10 $1.00 $10.00 $15.00 $150.00 25 each 195 PSI GAUGE – AS NEEDED 10 $1.00 $10.00 $15.00 $150.00 26 each HOSE REPLACEMENT AS NEEDED 25 $10.00 $250.00 $15.00 $375.00 27 each HOSE HOLDER - BAND AND CLIP REPLACEMENT 40 $5.00 $200.00 $3.00 $120.00 $12,235.80 $19,359.00
$1,085.93 $1,718.11
$13,321.73 $21,077.11

NEW FIRE EXTINGUISHER REPLACEMENT
28 each NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent 1 $60.00 $62.98 29 each NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent 1 $85.00 $76.25 30 each NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent 1 $120.00 $110.25 31 each NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent 1 $160.00 32 each NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent 1 $240.00 $215.25 33 each NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent 1 $150.00 34 each NEW FIRE EXTINGUISHER – 20 LB D 1 $1,650.00 $1,211.78 35 each NEW FIRE EXTINGUISHER – 11 LB HALO 1 $1,170.00 $1,054.88 36 each NEW FIRE EXTINGUISHER – 20 LB HALO 1 $1,560.00 $1,483.61 37 each NEW FIRE EXTINGUISHER – 2.5 GAL. Water 1 $240.00 $239.25 38 each NEW FIRE EXTINGUISHER – 6 GAL. Water 1 $380.00
39 each NEW FIRE EXTINGUISHER – 1.6 L Water 1 $180.00
40 each NEW FIRE EXTINGUISHER – 1.6 L Purple K 1 $320.00 41 each NEW FIRE EXTINGUISHER – 20 LB Purple K 1 $380.00 $441.09 42 each NEW FIRE EXTINGUISHER – 20 LB cartridge 1 $460.00 43 each NEW FIRE EXTINGUISHER – CO2 1 $420.00 $216.55
44 each NEW FIRE EXTINGUISHER – 1.6 L Purple K 1 $180.00 45 each 5 LB Halotron New 1 $550.00 $531.56
46 each 15.5 LB Halotron New 1 $1,650.00 $1,483.61
47 each Plexiglass for Cabinets (5 LB & 10 LB) 1 $10.00 $25.54 48 each JLL Wall Mount Fire Extinguisher Box 5 LB 1 $100.00 $131.40 49 each JLL Wall Mount Fire Extinguisher Box 10 LB 1 $180.00 $167.40 TOTAL:

CITY OF MODESTO
PO BOX 642 MODESTO CA 95353
IFB NO. 2324-71RB FIRE EXTINGUISHERS SERVICES

SACRAMENTO, CA

FIRECODE SAFETY
EQUIPMENT, INC.

SALES TAX 8.875%:

Total of Items 1-27 BASE BID:

SACRAMENTO, CA

NATIONAL FIRE SYSTEMS
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
1 INVITATION FOR BIDS (“IFB”) NO. 2324-71RB
FOR

FIRE EXTINGUISHER INSPECTION, TESTING AND MAINTENANCE SERVICES BID OPENING: DECEMBER 17, 2024, at 11:00 A.M.

CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
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 .................................................................. 19 BID FORM C - PRICING SCHEDULE .............................................................................................. 21 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS ......................... 24 BID FORM E – BIDDER CUSTOMER REFERENCES ................................................................... 25 BID FORM F - FINANCIAL INTEREST DISCLOSURE ................................................................. 27 BID FORM G – SUPPORT OF LOCAL VENDORS ......................................................................... 29 BID FORM H - BIDDER COMPANY HISTORY STATEMENT .................................................... 30 BID FORM I - ADDENDA ACKNOWLEDGEMENT ...................................................................... 31 BID FORM J – BIDDER WARRANTY STATEMENTS .................................................................. 32 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS ............................................... 33 BID FORM L - SUBCONTRACTOR LIST ......................................................................................... 34 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 35

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

1.2 REQUIRED LICENSES: ............................................................................................................... 37 SAMPLE AGREEMENT ......................................................................................................................... 38 #5..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Fire Extinguisher Inspections, Testing and Maintenance services (the “Services”) for the City of Modesto, Public Works Department, Building Services Division.

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

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

Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to DECEMBER 17, 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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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2324-71RB
BID OPENING DATE: DECEMBER 17, 2024, AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:

MAIL TO: CITY CLERK

CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95353
DELIVER/ COURIER TO:

CITY CLERK
1010 10TH STREET, SUITE 6600
MODESTO, CA 95354

The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

No Bidder may withdraw its Bid for a period of one hundred twenty (120) days after the date set for the opening thereof.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued November 19, 2024
Written Questions Due via Email November 26, 2024
Addendum Issued (if required) December 3, 2024 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, December 17, 2024 Contract Award Approximately May 2025

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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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
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, December 17, 2024. The City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.

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

URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST 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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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.

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

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

I. AWARD OF BID:
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

• The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
9 • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-

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

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

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

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

L. 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. #5..
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FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
10 • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

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

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

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. #5..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

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

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

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

City Clerk’s Office
Attn: Director of Finance
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
12 PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10)days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

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

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

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

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

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

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

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

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

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

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

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

Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission.

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16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).

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

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

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

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

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

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

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

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

ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder.

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

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

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

11. One “Inked” Signed Original Bids Document Required: Failure to furnish one (1) “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.

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

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

Bidder Company Name:

Bidder Headquarters Address:

City/State/Zip:

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

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

Title:

Phone (Office):

Phone (Mobile):

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

Fax Number:

Email:

G. Federal Taxpayer
Identification Number
(TIN):

H. Dun & Bradstreet
(DUNS) Number:

I. Names and Titles of
Top Three Bidder
Officers:

J. Years in Business:

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

L. City of Modesto
Business License
Number (note –
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20 provide only if
available now - - but
not required until any
contract begins):
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21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, 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.

INVITATION FOR BID AND SPECIFICATIONS NO. IFB 2324-71RB

FIRE EXTINGUISHER INSPECTION, TESTING, AND MAINTENANCE SERVICES SCHEDULE of QUANTITIES
Pricing will be as stated in vendor submitted bid regardless of Fire Extinguisher Location within a City Building. The City shall not pay Fire Extinguisher retrieval fees.

ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
** In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $ $
2 5 LB ABC Recharge 5 LB 377 $ $
3 10 LB ABC Recharge 10 LB 285 $ $
4 15 LB ABC Recharge 15 LB 14 $ $
5 20 LB ABC Recharge 20 LB 45 $ $
6 30 LB ABC Recharge 30 LB 1 $ $
7 20 LB BC Recharge 20 LB 1 $ $
8 20 LB D Recharge 20 LB 4 $ $
9 20 LB HALO Recharge 20 LB 1 $ $
10 11 LB HALO Recharge 11 LB 1 $ $
11 6 GAL. Water Recharge 6 GAL. 6 $ $
12 1.6 L Water Recharge 1.6 L 3 $ $
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $ $
14 20 LB Purple K 20 LB 1 $ $
15 1.6 L Purple K 1.6 L 7 $ $
16 20 LB cartridge 20 LB 9 $ $
17 CO2 each 5 $ $
18 O-RING – (on recharge) each 783 $ $
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $ $
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22 20
5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $ $
21 6-year Tear Down (Dry Chem Only) each 25 $ $
22 6-year Tear Down (Wet Chem Only) each 25 $ $
23 PULL PINS – AS NEEDED each 38 $ $
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $ $
25 195 PSI GAUGE – AS NEEDED each 10 $ $
26 HOSE REPLACEMENT AS NEEDED each 25 $ $
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $ $
Total of Items 1-27 BASE BID: $

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB D each $
NEW FIRE EXTINGUISHER – 11 LB HALO each $
NEW FIRE EXTINGUISHER – 20 LB HALO each $
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $
NEW FIRE EXTINGUISHER – 6 GAL. Water each $
NEW FIRE EXTINGUISHER – 1.6 L Water each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
NEW FIRE EXTINGUISHER – 20 LB Purple K each $
NEW FIRE EXTINGUISHER – 20 LB cartridge each $
NEW FIRE EXTINGUISHER – CO2 each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
5 LB Halotron New each $

15.5 LB Halotron New each $
Plexiglass for Cabinets (5 LB & 10 LB) each $
JLL Wall Mount Fire Extinguisher Box 5 LB each $
JLL Wall Mount Fire Extinguisher Box 10 LB each $
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23 Percentage off the Manufacturer List Price for additional parts. _______% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to percent ( %) cash discount if invoice is paid within days after acceptance of service.

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 only, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: ________________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
___ Choose by checking (√) here.

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

Name of Bidder Signatory:

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

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental
Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:
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26 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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27 BID FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

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

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

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

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

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

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

10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

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

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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FIRE EXTINGUISHER INSPECTION,

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

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
33 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

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

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include ICC-NAFED Certified Portable Fire Extinguisher Technician, Certificates of Registration from the Office of the State Fire Marshal's (OSFM), and in NFPA-10 Annual Fire Extinguisher Inspection Certification. #5..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
34 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, 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

N/A N/A

N/A N/A

N/A N/A

N/A N/A

N/A N/A
Bidder Company Name:
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
35 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto is seeking bids from qualified Contractors for furnishing and delivering fire extinguishers, maintaining, repairing, and servicing as required to various departments and sites throughout the City of Modesto in accordance with the current version of NFPA 10 – Standard Portable Fire Extinguishers, Chapter 7 criteria, and all applicable regulations for portable fire extinguishers; the terms and conditions specified herein, which also include the below:

1.0.1 Estimated Quantities
No guarantee can be given that total estimated quantities, as shown in the “BID FORM C - PRICING SCHEDULE” will be reached or exceeded. Vendor agrees to furnish these services at the unit prices quoted in accordance with the City's actual requirements throughout the Contract period.

1.0.2 The purpose of this bid is to establish a firm, fixed, unit price for the cost to test, maintain, repair, refill and provide new fire extinguishers. The City has approximately 800 fire extinguishers throughout the City of various sizes and types.

1.0.4 Site location maps, where available, with the fire extinguisher locations will be. shared with the awarded Contractor, however, a City representative will provide. escorting to expedite these required services.

1.0.4 If new extinguisher is required, Contractor shall provide documentation that the unit is equivalent (NFPA/UL approved, warranty, replacement parts availability, etc.) to the unit being taken out of service.

1.1 GENERAL REQUIREMENTS:

1.1.1. Annual Inspection, Service & Certification, and examination as applicable in accordance with NFPA 10, at a minimum the following Chapter 7 will apply; sections 7.3.2 through 7.3.5, 7.4, and 7.6, will involve a thorough examination of the fire extinguisher shell and its external mechanical parts. The maintenance will include, at a minimum, the following:

1. All inspection items.

2. Inspection of the hose and nozzle for cracks, blockages, or other damage.

3. Inspection of extinguisher shell for corrosion, dents, or other damage.

4. Inspect the cabinet housing and/or hangers; Contractor shall inform the City Representative of any maintenance issues or obstructions observed so that a corrective work order can be issued.

5. Routine service to be performed as required throughout the period of the Agreement.

1.1.2. When inspection or maintenance of any extinguisher reveals a deficiency in operating condition, the following corrective actions shall be taken immediately:

1. Repair/recharge if the deficiency is correctable in the field.

2. Place a spare extinguisher of the same type and equal or greater rating shall replace the extinguisher if field corrective action is not able to restore the fire extinguisher to operational status.

3. Defective extinguishers are to be marked as such and the Contractor shall store the defective extinguisher(s) at the contractor’s shop, at no extra charge to the City, until #5..
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
36 repairs or recharge have been completed and extinguisher(s) are suitable for placement within a facility. Prior to removal from any City facility, Contractor shall obtain acceptance from the City Representative or site assigned representative and provide documentation as to the unit being removed from the City facility.

1.1.3. Contractor shall work with City Representative as various sites collect all fire extinguishers in a common area to maximize efficiency for annual servicing.

1.1.4. Documentation of inspection and maintenance will be provided by maintaining, at a minimum, the following records:

1. The fire extinguisher checklist, which contains the location of each fire extinguisher; its weight, type, and dates of inspections; and annual maintenance:
a) Checklist should be performed and turned over by the Contractor per NFPA Appendix I Tables I.1(a) and I.1(b). Available here: NFPA 10 Standard Development; https://www.nfpa.org/codes-and-standards/nfpa-10-standard-development/10

2. A fire extinguisher inspection record tag is attached to each extinguisher and provides the following information:
a) The date the extinguisher was inspected.
b) The condition of the extinguisher.
c) The initials of the person performing the inspection.

1.1.5. The fire extinguisher inspection record must indicate the date of the last charge; recharge & the last date of hydrostatic testing must be recorded. Per NFPA 10, the service tag has the information “punched” by the certified vendor and affixed to the extinguisher. Available here:

NFPA 10 Standard Development; https://www.nfpa.org/codes-and-standards/nfpa-10-standarddevelopment/10

1.1.6. Six-year inspection and examination as applicable in accordance with NFPA 10 sections 7.3.6.

If new extinguisher is less expensive for the City, Contractor shall propose this as an option to reduce City costs.

1.1.7. Hydrostatic testing, as applicable in accordance with NFPA 10 sections 8.1 through 8.8, Extinguishers requiring testing to be performed at 5-year intervals for CO2 extinguishers and 12- year intervals for dry chemical and halon extinguishers.

Extinguishers that require one 12-year hydrostatic test shall be emptied and subjected to maintenance every six years interval.

If new extinguisher is less expensive for the City, Contractor shall propose this as an option to reduce City costs.

1.1.8. Minor repairs or replacement of extinguishers on an “as needed” basis to maintain proper fire extinguisher coverage at all City sites.
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INVITATION FOR BIDS # 2324-71RB

FIRE EXTINGUISHER INSPECTION,

TESTING AND MAINTENANCE SERVICES
37 1.2 REQUIRED LICENSES:

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

1.3 TERM OF AGREEMENT:

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

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

B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the 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. #5..
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38 SAMPLE AGREEMENT
SAMPLE ANNUAL AGREEMENT #XXXXXX - FIRE EXTINGUISHER INSPECTION, TESTING

AND MAINTENANCE 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 Fire Extinguisher Inspection, Testing and Maintenance Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Fire Extinguisher Inspection, Testing and Maintenance Services as described in IFB 2324-71RB, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB). #5..
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39 NOW, THEREFORE, the parties hereto mutually agree as follows:

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

AGREEMENT PRICING
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses, including any trip charges or administration time, 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.

ITEM PRODUCT DESCRIPTION Size
EST.

ANNUAL

QUANTITY
UNIT
PRICE

EXTENDED
PRICE

FIRE EXTINGUISHER ANNUAL

MAINTENANCE/RECHARGE
1 2.5 LB ABC Recharge 2.5 LB 20 $ $
2 5 LB ABC Recharge 5 LB 377 $ $
3 10 LB ABC Recharge 10 LB 285 $ $
4 15 LB ABC Recharge 15 LB 14 $ $
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40 5 20 LB ABC Recharge 20 LB 45 $ $
6 30 LB ABC Recharge 30 LB 1 $ $
7 20 LB BC Recharge 20 LB 1 $ $
8 20 LB D Recharge 20 LB 4 $ $
9 20 LB HALO Recharge 20 LB 1 $ $
10 11 LB HALO Recharge 11 LB 1 $ $
11 6 GAL. Water Recharge 6 GAL. 6 $ $
12 1.6 L Water Recharge 1.6 L 3 $ $
13 2.5 GAL. Water Recharge 2.5 GAL. 3 $ $
14 20 LB Purple K 20 LB 1 $ $
15 1.6 L Purple K 1.6 L 7 $ $
16 20 LB cartridge 20 LB 9 $ $
17 CO2 each 5 $ $
18 O-RING – (on recharge) each 783 $ $
19 ABC POWDER – AS NEEDED (pounds) LB 1475 $ $
20 5- AND 12-YEAR HYDROSTATIC
TESTING – DRY CHEMICAL each 100 $ $
21 6-year Tear Down (Dry Chem Only) each 25 $ $
22 6-year Tear Down (Wet Chem Only) each 25 $ $
23 PULL PINS – AS NEEDED each 38 $ $
24 HANDLE REPLACEMENT – WHEN
TOO DAMAGED TO FIX each 10 $ $
25 195 PSI GAUGE – AS NEEDED each 10 $ $
26 HOSE REPLACEMENT AS NEEDED each 25 $ $
27 HOSE HOLDER - BAND AND CLIP
REPLACEMENT each 40 $ $
Total of Items 1-27 BASE BID: $

PRODUCT DESCRIPTION UOM UNIT
PRICE

NEW FIRE EXTINGUISHER REPLACEMENT
NEW FIRE EXTINGUISHER – 2.5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 5 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 10 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 15 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 30 LB ABC BADGER/AMEREX or Equivalent each $ NEW FIRE EXTINGUISHER – 20 LB D each $
NEW FIRE EXTINGUISHER – 11 LB HALO each $
NEW FIRE EXTINGUISHER – 20 LB HALO each $
NEW FIRE EXTINGUISHER – 2.5 GAL. Water each $
NEW FIRE EXTINGUISHER – 6 GAL. Water each $
NEW FIRE EXTINGUISHER – 1.6 L Water each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
NEW FIRE EXTINGUISHER – 20 LB Purple K each $
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41 NEW FIRE EXTINGUISHER – 20 LB cartridge each $
NEW FIRE EXTINGUISHER – CO2 each $
NEW FIRE EXTINGUISHER – 1.6 L Purple K each $
5 LB Halotron New each $

15.5 LB Halotron New each $
Plexiglass for Cabinets (5 LB & 10 LB) each $
JLL Wall Mount Fire Extinguisher Box 5 LB each $
JLL Wall Mount Fire Extinguisher Box 10 LB each $
Percentage off the Manufacturer List Price for additional parts. _______% Pricing is net, to the City, exclusive of Federal Excise Tax, California State, Local, Sales, and Use Tax.

The stated pricing is subject to percent ( %) cash discount if invoice is paid within days after acceptance of service.

3. CITY REPRESENTATIVE:

CITY Representative is:

Purchasing Contact: Holly Gonzales, Buyer, (209) 341-2908, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT:

Contractor Contact: ______________________________________ ______________________________________________________

5. TERM OF AGREEMENT:

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

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

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

6. LIABILITY INSURANCE:

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

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

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

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

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

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

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

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

9. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, #5..
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45 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.

10. 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.

11. 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.

12. 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. 2324-71RB.
d. Contractor’s City of Modesto business license

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination. b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated.
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the #5..
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47 SERVICES whether completed or in process.
e. Settle outstanding liabilities and claims, subject to the approval of CITY. f. Complete performance of such part of the SERVICES as has not been terminated. g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES.
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials. b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
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48 14. 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.

15. FAILURE TO PERFORM SATISFACTORY WORK:

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

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

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

16. 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 #5..
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49 makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

17. 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.

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

19. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
__________________

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

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

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

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

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

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

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

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

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

25. CONTRACTOR LICENSES & PERMITS:

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

26. RECORDS:

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

27. FACILITIES AND EQUIPMENT:

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

28. INDEPENDENT CONTRACTOR; NOT AGENT:

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

29. DRUG FREE WORKPLACE:

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

30. ASSIGNMENT:

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

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

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

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

35. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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54 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: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
02/28/2025
Date
_____________________________
Signature of authorized individual
Ned B. Ng
Vice President Firecode Safety
Equipment Inc.

Company/Applicant Name
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
X
X
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
National Fire Systems, Inc. Nicholas Robinson, President 2/28/25 #5..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

June 23, 2025
Date: June 11, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Salida Community Plan
Water Supply Assessment and Water System Evaluation
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in a total Agreement amount not to exceed $102,410, entering into a Memorandum of Understanding with Stanislaus County and forwarding to Council for approval. (Funding Source: Water Fund) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City’s Strategic Plan Initiatives, Goal D:

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

BACKGROUND:

The Salida water service area was acquired from Del Este Water Company in 1995 as part of the overall acquisition of Del Este’s water system, where the City now operates and maintains eight potable water wells.

The Salida Community Plan (SCP) includes planning and guidance for the development of approximately 4,600 acres of land in the Salida area, which includes the existing community of Salida (Existing Plan Area), as well as approximately 3,380 acres of planned future development (Amendment Area). Salida is currently the largest unincorporated community in Stanislaus County, with a population of approximately 14,500.

DISCUSSION:

Stanislaus County (County) has initiated the preparation of a Programmatic Environmental Impact Report (PEIR) per the requirements of the California Environmental Quality Act (CEQA) and #6..
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Finance Committee, June 23, 2025
Salida Community Plan
Water Supply Assessment and Water System Evaluation