Modesto City Council
November 25, 2025

- 1 -
11/25/2025 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 25, 2025 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.

As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
- 1 -
11/25/2025
- 2 -
11/25/2025 5:30:00 PM
You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
 Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
11/25/2025
- 3 -
11/25/2025 5:30:00 PM
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Pledge of Allegiance to the Flag
Invocation: Pastor Darrell Cummings, Christ Community Church City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring November 29th as Small Business Saturday. (Funding Source:

Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]

2. Proclamation declaring November as Lung Cancer Awareness Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]

PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item. - 3 -
11/25/2025
- 4 -
11/25/2025 5:30:00 PM

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Council member.

Consent

3. Consider approving the minutes for the November 4, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes for the November 4, 2025 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent

4. Consider accepting the Fiscal Year 2025-2026 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $20,000, with a 50% Local Match, for the Procurement of Wildland Personal Protective Equipment. (Funding Source: General Fund)
Staff Recommendation:
 Resolution accepting the Fiscal Year 2025-2026 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $20,000, with a 50% Local Match, for the Procurement of Wildland Personal Protective Equipment, and authorizing the City Manager, or his designee, to execute the grant Agreement.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent

5. Consider the First Amendment with George Hills Company, Rancho Cordova, CA, for Third-Party Administration (TPA) of the City’s General Liability Claims increasing the Agreement amount by $284,500 and a new total not to exceed $2,284,500 to complete the term of the Agreement. (Funding Source: General Liability Fund) Staff Recommendation:
 Resolution approving the First Amendment to the Agreement with George Hills Company, Rancho Cordova, CA, for Third-Party Administration of the City’s General Liability Claims increasing the Agreement amount by $284,500 and a new total not to exceed $2,284,500 to complete the term of the Agreement and authorizing the City Manager or his designee to execute the Amendment.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent

6. Consider the Second Amendment with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services, increasing the Agreement amount by $960,000 and Rumble Tree, Inc., Modesto, CA for Tree Pruning and Removal Services increasing the Agreement amount by $690,000. (Funding Source: Measure H Fund) Staff Recommendation:
 Resolution recommending the Second Amendment for Tree Pruning and Removal Services with Greentek Services, LLC, Oroville, CA, increasing the Agreement amount by $960,000 to a new total amount of $4,435,000 and for - 4 -
11/25/2025
- 5 -
11/25/2025 5:30:00 PM
Tree Removal and Stump Grinding Services with Rumble Tree, Inc., Modesto, CA increasing the Agreement amount by $690,000 for a new total amount of $3,604,350 and a total amount not to exceed between both Agreements of $8,039,350; authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Amendments.

PUBLIC WORKS; Mike Johnson, 209-342-4566, [email protected] Consent

7. Consider approving the purchase of 30,487 square feet of real property located at Assessor’s Parcel Number 016-034-014-000, Grayson, CA, owned by Stanislaus County for $91,461, plus $10,000 in closing costs to be used for the Grayson Water Infrastructure Improvements Project. (Funding Source: Water Fund) Staff Recommendation:
 Resolution approving the purchase of 30,487 square feet of Real Property located at Assessor’s Parcel Number 016-034-014-000, Grayson, CA owned by Stanislaus County for $91,461, plus $10,000 in closing costs, to be used for the Grayson Water Infrastructure Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement and all related documents required to complete the transaction.
 Resolution approving an Amendment to the Fiscal Year 2025-26 Capital Improvement Program Budget in the amount of $100,000 to fund the Purchase of Real Property for the Grayson Water Infrastructure Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent

8. Consider approving an Agreement with Badger Meter, Inc., Milwaukee, WI for BEACON AMA Software as a Service (SaaS), meter reads and associated hardware for a total amount not to exceed $398,194 over five (5) years. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the Sole Source Agreement with Badger Meter, Inc., Milwaukee, WI for BEACON AMA Software as a Service (SAAS), meter reads and associated hardware for a two-year Agreement with three one-year extension options, for an estimated annual amount of $67,682 and a total amount not to exceed $398,194 over five (5) years; and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS
- 5 -
11/25/2025
- 6 -
11/25/2025 5:30:00 PM

HEARINGS
Published in the Modesto Bee on November 9, 2025

9. Hearing to consider accepting the Fiscal Year 2024-25 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
Staff Recommendation:
 Resolution accepting the Fiscal Year 2024-25 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.

CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on November 9, 2025.

10. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2024-25 and making findings related to each of the fee categories. (Funding Source:

Capital Facilities Fees)
Staff Recommendation:
 Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2024-25 and making findings related to each of the fee categories.

CED; Sean Rando, 209-577-5211, [email protected]
Published in the Modesto Bee on November 14, 2025.

11. Hearing to rezone the property located at 3401 N. McClure Road from Highway Commercial to Low Density Residential. (Funding Source: Application Fee) Staff Recommendation:
 Resolution certifying and adopting the CEQA Initial Study / Mitigated Negative Declaration EA/C&ED No. 2025-19 for a proposed rezone from Highway Commercial (C-3) to Low-Density Residential (R-1) at the property located at 3401 N. McClure Road.
 Motion introducing and waiving the first reading of an Ordinance amending Section 25-3-9 of the zoning map of the City of Modesto to rezone from Highway Commercial (C-3) zone to Low Density Residential (R-1) zone, property located at 3401 N. McClure Road. (Self Help Enterprises) CED; Vanessa Castro, 209-577-5282, [email protected] Published in the Modesto Bee on November 16, 2025.

12. Hearing to approve the issuance of bonds by the California Municipal Finance Authority (CMFA) for the benefit of Seventh Street Village LP to provide for the financing of the Seventh Street Village project, for the purposes of satisfying the requirements of the Tax and Equity Fiscal Responsibility Act of 1982 (TEFRA), issuance of a HOME Investment Partnership Loan in an amount not to exceed $5,000,000, and approval of a license agreement for placement of private stormwater facilities in right-of-way. (Funding Source: Community Development Block Grant and HOME Investment Partnerships)
Staff Recommendation:
 Resolution of the City Council of Modesto approving a plan of finance of the - 6 -
11/25/2025
- 7 -
11/25/2025 5:30:00 PM
California Municipal Financial Authority to issue and reissue revenue bonds for a qualified residential rental project for the benefit of Seventh Street Village LP, and certain other matters relating thereto.
 Resolution approving a HOME Investment Partnership program loan in a total amount not to exceed $5,000,000 at 3% simple interest to begin accrual after the issuance of Certificate of Occupancy to Visionary Home Builders of California, Inc., a California non-profit, Stockton, CA, for the development of Seventh Street Village, an additional $150,000 for staff activity delivery, and authorizing the City Manager or his designee to negotiate and execute Agreements.
 Resolution approving a License Agreement for the placement of stormwater facilities in the public right-of-way property located at 914-930 7th Street, Modesto, California also known as Stanislaus County Assessor’s parcel numbers 104-006-007, 104-006-008, 104-006-009, 104-006-010 to Visionary Home Builders of California, Inc, a California nonprofit, Stockton, CA for the development of Seventh Street Village, and authorizing the City Manager or his designee to negotiate and execute Agreements.
 Resolution approving a First Amendment to the Community Development Block Grant (CDBG) funded loan in a total amount not to exceed $2,000,000 at 3% simple interest for 55-years to begin accrual after issuance of Certificate of Occupancy, for acquisition, predevelopment, site improvements, and off-site improvements of Seventh Street Village, and authorizing the City Manager or his designee to negotiate and execute the Amendment.

CED; Edgar Garcia, 209-571-5101, [email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 7 -
11/25/2025
- 1 -
11/4/2025 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, November 04, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 4:00 p.m.

Roll Call- Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Regular City Council Meeting 5:30 p.m.

Roll Call- Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Jeremy Brown, Chaplain Doctors Medical Center City Clerk’s Announcements: Item 3 – The Minutes for the October 28, 2025 Council Meeting have been updated to reflect a change related to Closed Session. The Amended Minutes have been distributed to Council and copies are available at the entrance of the Chambers.

Declaration of Conflicts of Interest: Item 15 – Councilmember Williams recused Reports from Closed Session: No reportable action taken. #3..
- 8 -
- 2 -
11/4/2025 5:30:00 PM

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring November 11th as Veteran's Day. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring November 11th as Veteran's Day.

MISCELLANEOUS

2. Consider accepting the resignation of Jan Viss from the Citizens’ Salary Setting Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Jan Viss from the Salary Setting Commission.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2025-388 accepting the resignation of Jan Viss from the Salary Setting Commission.

PUBLIC COMMENT PERIOD
 Suzy requested the City revisit the Mask Ordinance, stating that protesters need masks for safety from surveillance, vehicle emissions, and crowd-control measures, and asked the local government to protect peaceful demonstrators.  Avonelle Tomlinson opposed Modesto’s mask ban, stating it is more restrictive than the state’s and disproportionately affects people of color. She referenced a potential ACLU lawsuit, arguing that continuing the ban is unlawful and a waste of City funds that could be better used for local needs.
 Jose urged the City to repeal the mask ordinance, arguing it disproportionately affects underserved communities and would be difficult to enforce across Modesto’s County pockets. He recommended allowing police to focus on core public safety duties rather than enforcing mask restrictions.
 John X Mataka, representing Valley Improvement Projects, urged the City to address the Mask Ordinance, noting that the ACLU and First Amendment Coalition had requested its repeal or amendment. He stated that delaying action for surveys does not resolve legal issues and highlighted a perceived inconsistency allowing police to wear masks while prohibiting protesters from doing so.
 Dan Vega opposed demolishing Modesto Center Plaza for a soccer stadium and proposed keeping it as a civic space. He suggested using the plaza for community clubs, events, and social activities when not booked, modeled as a nonprofit-run community center to foster civic engagement and social connection. #3..
- 9 -
- 3 -
11/4/2025 5:30:00 PM
 Ryann Hall, representing Cal Pride, criticized the Mask Ordinance as unconstitutional, unworkable, and a misuse of taxpayer funds. She emphasized that the community can safely organize and manage events without restrictive policies, highlighted the importance of protecting First Amendment rights, and urged the City to involve organizers with lived experience in creating effective policies for peaceful assembly.  Gavin Bruce criticized the Mask Ordinance, citing a June protest where police actions appeared confrontational and excessive. He highlighted perceived disparities in accountability, noting that powerful officials face fewer restrictions while protesters, including homeless youth, face strict rules. He also raised concerns about surveillance and law enforcement cooperation with federal agencies, urging the City to repeal the Ordinance.
 Julianne Phillips, a representative from Senator Alvarado-Gil’s office provided a brief Legislative update to the City Council. She highlighted a recent visit to the Modesto Irrigation District Regional Water Treatment Plant in Waterford, where discussions focused on water sustainability and treatment. The Senator also participated in a wellattended community meet-and-greet at a local Baptist church near the King Kennedy Center, offering resources related to food access, education, and childcare. She also expressed appreciation for the Veterans Day proclamation and noted that the Senator is sponsoring the upcoming Veterans Day parade in Modesto. Additionally, mobile office hours will be held at the Gala Center next Tuesday.
 Laura Connor, delivered a satirical yet critical public comment addressing issues of racial inequality, law enforcement accountability, and perceived inaction by the City Council. Using irony, she highlighted concerns about systemic privilege, the treatment of marginalized communities, and the Council’s response to recent protests and legal actions. She questioned the prioritization of authority and compliance over justice and civic responsibility and expressed disapproval of the City's financial decisions related to a recent ACLU lawsuit. Her remarks concluded with a pointed critique of leadership and a call for greater accountability.
 Anthony Drobnic delivered a satirical proclamation using irony to express deep frustration with the City Council’s perceived inaction and lack of accountability. He criticized Council Members for ignoring community input, failing to act on recommendations from the Police Review Board, and contributing to costly legal issues. He accused the Council of prioritizing appearances over substance and expressed disappointment in their leadership over the past several months. He concluded by stating that the community deserves more responsive and committed representation.
 Nic stated that wearing masks is necessary for personal and public health, including protecting vulnerable individuals. He criticized the City Council for not placing the Mask Ordinance on the agenda, argued that it disproportionately targets marginalized groups, and raised concerns about potential legal costs and lack of societal benefit. #3..
- 10 -
- 4 -
11/4/2025 5:30:00 PM
 Steve described a Pride event in Modesto that was disrupted by an individual with antiLGBTQ messages, noting delayed police response and concerns about public safety.

He criticized the Municipal Code for failing to adequately protect community members and argued that current policies put residents at risk.  Julissa shared past experiences of being targeted by white supremacists while engaging in campus advocacy at CSU Stanislaus and stated that law enforcement failed to provide protection. She emphasized the importance of allowing masks for personal safety and criticized the City Council for not addressing the Mask Ordinance while continuing to fund the Police Department.
 Harlan Diven questioned the City Council’s legal advice on the Mask Ordinance, noting that the primary attorneys consulted have limited First Amendment expertise.

They emphasized that clothing could constitute expressive speech, highlighted the importance of protecting protesters’ privacy and safety, and stressed that First Amendment rights are not subject to majority opinion or surveys.  Nora expressed support for not tearing down the Centre Plaza, she also criticized the enforcement of Modesto’s Mask Ordinance, citing violent arrests of BIPOC protesters on June 14, 2025, while other protests were treated more leniently. She argued the Ordinance enables profiling based on ethnicity and political views, violates First Amendment rights, and called on the Council to amend or repeal it.  Kevin McClarty stated that the Mask Ordinance facilitates surveillance and targeting of community members, including by extremist groups, referenced recent ICE actions, and urged the City Council to consider community concerns and take protective measures.
 Written General Public Comment Received
CITY CLERK; City Clerk, 209-577-5396, [email protected] CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 3-6, 8-14 (Wright/Williams; 7/0)

CONSENT
Consent

3. Consider approving the minutes for the October 28, 2025 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the October 28, 2025 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes as amended for the October 28, 2025 Council Meeting.
#3..
- 11 -
- 5 -
11/4/2025 5:30:00 PM
Consent

4. Consider approving the 2026 Calendar of regularly scheduled City Council and Council Standing Committee meetings. (Funding Source: Not Applicable)  Resolution approving the 2026 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-389 approving the 2026 City Calendars of regularly scheduled City Council and Council Standing Committee meetings.

Consent

5. Consider approving the recommended budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending Fiscal Year 2025-26 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-390 amending Fiscal Year 2025- 26 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

Consent

6. Consider approving an Agreement for Sidewalk Assessment and Repair Services with Precision Concrete Cutting, of Oakland, CA, for a total amount not to exceed $1,670,990 over five years. (Funding Source: Various Funds)  Resolution approving an Agreement with Precision Concrete Cutting, of Oakland, CA, by utilizing the Competitive Bid Process with The Interlocal Purchasing System (TIPS), for Sidewalk Assessment and Sidewalk Repair Services for a two-year Agreement with three one-year extension options, for an estimated annual amount of $334,198, and a total amount not to exceed $1,670,990, over five years and authorizing the City Manager, or his designee, to execute the Agreement.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-391 approving an Agreement with Precision Concrete Cutting, of Oakland, CA, by utilizing the Competitive Bid Process with The Interlocal Purchasing System (TIPS), for Sidewalk Assessment and Sidewalk Repair Services for a two-year Agreement with three one-year extension options, for an estimated annual amount of $334,198, and a total amount not to exceed $1,670,990, over five years and authorizing the City Manager, or his designee, to execute the Agreement.
#3..
- 12 -
- 6 -
11/4/2025 5:30:00 PM
Removed from Consent

7. Consider approving an Agreement with Callander Associates, of Gold River, CA to prepare conceptual design for the Pelandale Streetscape Improvement Project for a total amount not to exceed $327,543. (Funding Source: Measure H)  Resolution approving an Agreement with Callander Associates, of Gold River, CA, to prepare conceptual design for the Pelandale Streetscape Improvement Project in the amount of $297,766, plus $29,777, if needed, for an Agreement total amount not to exceed $327,543 and authorizing the City Manager, or his designee, to execute the Agreement.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-392 approving an Agreement with Callander Associates, of Gold River, CA, to prepare conceptual design for the Pelandale Streetscape Improvement Project in the amount of $297,766, plus $29,777, if needed, for an Agreement total amount not to exceed $327,543 and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

8. Consider approving the Plans and Specifications for the 2025 Playground Replacement Project, accepting the Bid and Awarding a Construction Contract to Jessop Holding Co. LLC dba Sierra Play Partners, of Ripon, CA, in the amount not to exceed $1,311,124. (Funding Source: Measure H)
 Resolution approving the Plans and Specifications for the 2025 Playground Replacement Project, accepting the Bid and Awarding a Construction Contract to Jessop Holding Co., LLC dba Sierra Play Partners, of Ripon, CA, in the amount of $1,214,003, authorizing $97,121 for contingency (if needed), for a total payment amount not to exceed $1,311,124, and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101603 (24/25 Deferred Maintenance – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $68,443 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-393 approving the Plans and Specifications for the 2025 Playground Replacement Project, accepting the Bid and Awarding a Construction Contract to Jessop Holding Co., LLC dba Sierra Play Partners, of Ripon, CA, in the amount of $1,214,003, authorizing $97,121 for contingency (if needed), for a total payment amount not to exceed $1,311,124, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Wright/Williams; 7/0) Resolution 2025-394 amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101603 (24/25 #3..
- 13 -
- 7 -
11/4/2025 5:30:00 PM
Deferred Maintenance – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $68,443 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

Consent

9. Consider accepting the Mary Grogan Community Park Parking Lot Resurfacing Project as complete, releasing securities, releasing payments totaling $79,095 to DRT Grading & Paving, Inc. of Sunol, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Measure H)
 Resolution accepting Mary Grogan Community Park Parking Lot Resurfacing Project as complete, releasing securities, releasing payments totaling $79,095 to DRT Grading & Paving, Inc. of Sunol, CA, and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-395 accepting Mary Grogan Community Park Parking Lot Resurfacing Project as complete, releasing securities, releasing payments totaling $79,095 to DRT Grading & Paving, Inc. of Sunol, CA, and authorizing the City Clerk to file a Notice of Completion.

Consent

10. Consider accepting an Informational Report for the September 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable)  Motion accepting an Informational Report for the September 2025 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting an Informational Report for the September 2025 Accounts Payable Payment Register and Void Report.

Consent

11. Consider accepting the Monthly Investment Report for August 2025. (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for August 2025.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Williams; 7/0) Motion accepting the Monthly Investment Report for August 2025.

Consent

12. Consider approving an Agreement for the furnishing of External Auditing Services and Preparation of Financial Statements to Vasquez and Company LLP, Glendale, CA, for a total amount not to exceed $972,800 over five years. (Funding Source: Various #3..
- 14 -
- 8 -
11/4/2025 5:30:00 PM
Funds)
 Resolution approving the Award of Proposal and Agreement for the furnishing of External Auditing Services and Preparation of Financial Statements to Vasquez and Company LLP, Glendale, CA, for a three-year Agreement with two one-year extension options, for an estimated annual amount of $194,560, and a total amount not to exceed $972,800 over five years; and authorizing the City Manager or his designee, to execute the Agreement.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-396 approving the Award of Proposal and Agreement for the furnishing of External Auditing Services and Preparation of Financial Statements to Vasquez and Company LLP, Glendale, CA, for a three-year Agreement with two one-year extension options, for an estimated annual amount of $194,560, and a total amount not to exceed $972,800 over five years; and authorizing the City Manager or his designee, to execute the Agreement.

Consent

13. Consider introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code. (Funding Source: Not Applicable)  Motion introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.

FIRE DEPARTMENT; David Bickle, 209-571-5553, [email protected] ACTION: (Wright/Williams; 7/0) Motion introducing and waiving the first reading of an Ordinance repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.

Consent

14. Consider approving an Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten years. (Funding Source: General Fund)
 Resolution approving the Award of Proposal and Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten years; and authorizing the City Manager, or his designee to execute the Agreement.

PRN; John Skeel, 209-577-5216, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-397 approving the Award of Proposal and Agreement for operation of the King-Kennedy Memorial Center to the West Modesto Community Collaborative of Modesto, CA, for ten years; and authorizing the City Manager, or his designee to execute the Agreement. #3..
- 15 -
- 9 -
11/4/2025 5:30:00 PM

COUNCIL COMMENTS & REPORTS
 Councilmember Williams described a recent event hosted by Bristol Hospice of Northern California in Modesto, highlighting community support for individuals with loved ones in hospice care. He also noted an upcoming event on November 13th at the McHenry Museum honoring neighborhood heroes, encouraging community attendance.
 Councilmember Ricci discussed safety concerns on Orangeburg Avenue, citing reckless driving, DUI, and property damage, and suggested exploring daylighting street design to slow traffic. He also mentioned excitement about a new Kura revolving sushi restaurant opening November 14th at Vintage Faire Mall and called for regulation of ebikes on local trails.  Councilmember Alvarez addressed traffic safety concerns on Tuolumne Boulevard near Muni Golf Course, recommending a traffic calming assessment to address speeding and reckless driving, particularly on weekends. He also highlighted a nominated hometown hero, Blanca Marin, recognized for her work with the West Modesto Community Collaborative, and noted the upcoming citywide recognition event at the McHenry Museum.
 Mayor Zwahlen shared recent community events, including hosting trick-or-treaters at City Hall on Halloween, participating in a youth 10K run organized by the Police Department promoting character development, and attending the “Size Up” community launch with the Latino Chamber of Commerce, which provides comprehensive resources for starting a business in Modesto.

CITY MANAGER COMMENTS & REPORTS
None.

UNFINISHED BUSINESS

15. Consider an update regarding the Seventh Street Village Project as proposed, provide direction on current and additional funding for the project and direction on whether to hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing. (Funding Source: Various Funds)
 Motion to accept an update regarding the Seventh Street Village Project as proposed, provide direction on current and additional funding for the project and whether to hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing.

CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Alvarez/Escutia-Braaton; 6/0; Williams Recused) Motion to accept an update regarding the Seventh Street Village Project as proposed, allocate no additional funding, and update scope to the connection of Dry Creek Trail to Downtown, and hold the required Tax Equity and Fiscal Responsibility Act (TEFRA) hearing. #3..
- 16 -
- 10 -
11/4/2025 5:30:00 PM

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 7:34 p.m.

Attest: ______________________________
Dana Sanchez, Assistant City Clerk
#3..
- 17 -
- 11 -
11/4/2025 5:30:00 PM
All Closed Session Matters Heard Prior to the Meeting

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Robert Hill v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned
*Recused due to Conflict of Interest (Real Property Interest) – Williams CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) Letters from the American Civil Liberties Union Foundation and the First Amendment Coalition regarding Modesto Municipal Code Section 4-23.02 related to restrictions on use of specified items during public assembly.
#3..
- 18 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 25, 2025
Date: October 15, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Kevin Wise, Fire Chief
SUBJECT: Acceptance of the FY 25/26 CalFire Volunteer Fire Capacity Grant CONTACT: Kevin Wise, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider accepting the Fiscal Year 2025-2026 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $20,000, with a 50% Local Match, for the Procurement of Wildland Personal Protective Equipment. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2025-2026 Strategic Plan focus on quality of life under Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.

BACKGROUND:

The Fiscal Year 2025-2026 CalFire Volunteer Fire Capacity (VFC) Program Grant1 provides funding to organize, train and equip fire departments in rural areas and rural communities to prevent and suppress fires. The Modesto Fire Department contracts with the City of Oakdale and the Oakdale Rural Fire Protection District, which allows the department to apply for the grant. The VFC Grant Program provides financial assistance directly to eligible fire departments for critical training and equipment. The objective is to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience.

On April 21, 2025, the Modesto Fire Department applied for this grant and as of October 10, 2025, had received notification that it has been awarded $20,000. This grant requires a 50% local match of funds.
1 https://www.fire.ca.gov/what-we-do/fire-protection/cooperative-efforts #4..
- 19 -
City Council, November 25, 2025
Acceptance of the FY 25/26 Volunteer Fire Capacity Grant

DISCUSSION:

The Modesto Fire Department is seeking approval to accept the Fiscal Year 2025-2026 CalFire Volunteer Fire Capacity Program Grant in an amount not to exceed $20,000. The grant requires the city to provide a 50% local match of funds, which would be prioritized and allocated in the current fiscal year budget. The department intends to apply this grant toward the purchase of wildland personal protective equipment (PPE) in order to replace aging and outdated wildland PPE that is no longer in service or does not meet current standards. These PPE standards for Wildland Suppression include gear that is fully protective of the face, body, and respiratory system. This equipment is lightweight and comfortable enough to be worn for extended periods of time. This type of protective gear is necessary for brush or wildland fires that are more frequent in the rural areas served by the department. The deadline to accept the grant is December 1, 2025.

FISCAL IMPACT:

There is a 50% local match required for the Cal Fire RFC Program Grant. The awarded amount is $20,000, which requires a $20,000 local match. The department would fund the match within its adopted budget. Due to the crucial need to replace critical firefighting equipment, the department would prioritize funding within existing budget for the match. The equipment listed in the grant application have been identified as needing replacement, and without this grant, the Fire Department would bear the full cost of $40,000.

COMMITTEE RECOMMENDATION:

This item did not go to Safety and Communities Committee and was requested to be presented directly to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the Fiscal Year 2025-2026 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $20,000, with a 50% Local Match, for the Procurement of Wildland Personal Protective Equipment, and authorizing the City Manager, or his designee, to execute the grant Agreement.

Approved by:

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

1. Resolution

2. Agreement 7GF24064

3. USDA AD-1048 Form
#4..
- 20 -
1 11/25/2025/FIRE/KWise/Item # 2025-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION ACCEPTING THE FISCAL YEAR 2025-2026 CAL FIRE

VOLUNTEER FIRE CAPACITY (VFC) PROGRAM GRANT AWARD IN THE AMOUNT OF $20,000, WITH A 50% LOCAL MATCH, FOR THE

PROCUREMENT OF WILDLAND PERSONAL PROTECTIVE EQUIPMENT

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE GRANT AGREEMENT
WHEREAS, the CalFire Volunteer Fire Capacity (VFC) Program Grant provides funding to organize, train and equip fire departments in rural areas and rural communities to prevent and suppress fires; and
WHEREAS, the Modesto Fire Department contracts with the City of Oakdale and the Oakdale Rural Fire Protection District, which allows the department to apply for the grant. The VFC Grant Program provides financial assistance directly to eligible fire departments for critical training and equipment. The objective is to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience; and
WHEREAS, on April 21, 2025, the Modesto Fire Department applied for this grant and as of October 10, 2025, had received notification that it has been awarded $20,000; and
WHEREAS, the grant requires the city to provide a 50% local match of funds, which would be prioritized and allocated in the current fiscal year budget. The department intends to apply this grant toward the purchase of wildland personal protective equipment (PPE) to replace aging and outdated wildland PPE that is no longer in service or does not meet current standards.
#4..
- 21 -
2 11/25/2025/FIRE/KWise/Item # 2025-xxx
. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Resolution accepting the Fiscal Year 2025-2026 Cal Fire Volunteer Fire Capacity (VFC) Program Grant Award in the amount of $20,000, with a 50% Local Match, for the Procurement of Wildland Personal Protective Equipment.

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

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 25th day of November 2025, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#4..
- 22 -
1 State of California
Department of Forestry and Fire Protection (CAL FIRE)
Cooperative Fire Protection

GRANT AGREEMENT
APPLICANT:

PROJECT TITLE: Volunteer Fire Capacity
GRANT AGREEMENT: 7FG25070
PROJECT PERFORMANCE PERIOD is from date upon approval through August 31, 2026.

Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Department of Forestry & Fire Protection, agrees to fund the project up to the total state grant amount indicated.

PROJECT DESCRIPTION: Cost-share funds awarded to provide assistance to rural areas in upgrading their capability to organize, train, and equip local forces for fire protection.

Total State Grant not to exceed $19,999.68 (or project costs, whichever is less). *The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement.

STATE OF CALIFORNIA

DEPARTMENT OF FORESTRY

AND FIRE PROTECTION
Applicant
By By
Signature of Authorized Representative
Title

Title: David Scheurich
Staff Chief, Cooperative Fire Protection
Date Date

CERTIFICATION OF FUNDING

GRANT AGREEMENT NUMBER PO ID SUPPLIER ID
7FG25070

FUND FUND NAME
0001 General Fund

PROJECT ID
354025DG2012154

ACTIVITY ID
SUBGNT

AMOUNT OF ESTIMATE FUNDING
$19,999.68

GL UNIT
3540

BUD REF CHAPTER
001 4
ADJ. INCREASING ENCUMBRANCE
$ 0.00
PROGRAM NUMBER ENY ADJ. DECREASING ENCUMBRANCE
9999000FED 2025 $ 0.00

ACCOUNT
5340580

ALT ACCOUNT
5340580002

UNENCUMBERED BALANCE
$19,999.68

REPORTING STRUCTURE
35409206

SERVICE LOCATION
92801
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

Signature of CAL FIRE Accounting Officer Date
#4..
- 23 -
7FG25070
2 VOLUNTEER FIRE CAPACITY PROGRAM

TERMS AND CONDITIONS

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

STATE OF CALIFORNIA
Natural Resources Agency
Agreement for the Volunteer Fire Capacity Program of the Cooperative Forestry Assistance Act of 1978
THIS AGREEMENT, made and entered between the STATE of California, acting through the Director of the Department of Forestry and Fire Protection hereinafter called “STATE”, and ____________________________________________________________hereinafter called “LOCAL AGENCY”, covenants as follows:

RECITALS:

1. STATE has been approved as a passthrough agent of the United States Department of Agriculture, (USDA), Forest Service for the purpose of administering the Volunteer Fire Capacity program in California, hereinafter referred to as VFC, authorized by the Cooperative Forestry Assistance Act (CFAA) of 1978 (PL 95-313, 92 Stat 365, 16 U.S.C. 2106), as amended.

2. This is a subaward under the FY2025 State of California Volunteer Fire Capacity Projects Grant #25-DG-11052012-154 awarded to STATE by the Forest Service on September 20, 2025. The Federal Assistance Listing for the award is 10.698, Cooperative Fire Program.

This subaward is funded solely with Federal funds and is subject to the Office of Management and Budget (OMB) guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400, and under certain terms and conditions to LOCAL AGENCY to assist LOCAL AGENCY to upgrade its fire protection capability.

3. LOCAL AGENCY desires to participate in said VFC and agrees to the terms and conditions specified in the Procedural Guide for Volunteer Fire Capacity Program 2025.

NOW THEREFORE, it is mutually agreed between the parties as follows:

4. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. LOCAL AGENCY may not commence performance until such approval has been obtained.

5. INCORPORATION: The Procedural Guide for Volunteer Fire Capacity Program 2025, submitted Application for Funding and associated Grant Assurances are hereby incorporated by reference as part of the Grant Agreement.

6. TIMELINESS: Time is of the essence in this Agreement.

7. FORFEITURE OF AWARD: LOCAL AGENCY must return this Agreement and required resolution properly signed and executed to STATE at the email address specified in paragraph 12, with a timestamp no later than January 31, 2026 or LOCAL AGENCY will forfeit the funds.
#4..
- 24 -
7FG25070
3 8. GRANT AND BUDGET CONTIGENCY CLAUSE: It is mutually understood between the parties that this Agreement may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds, to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made.

This Agreement is valid and enforceable only if sufficient funds are made available to the STATE by the United States Government for the State Fiscal Year 2025 for the purpose of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this Agreement in any manner.

The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this Agreement shall be amended to reflect any reduction in funds.

The STATE has the option to invalidate the Agreement under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.

9. REIMBURSEMENT: STATE will reimburse LOCAL AGENCY, from funds made available to STATE by the Federal Government, an amount not to exceed $19,999.68 on a 50/50 matching funds basis, for the performance of specific projects and/or purchase of specific items identified in Proposed Project, Application for Funding, attached hereto.

Reimbursement will be only for those projects accomplished and/or items purchased between THE LAST SIGNATORY DATE ON PAGE 1 and AUGUST 31, 2026. This sum is the sole and maximum payment that STATE will make pursuant to this Agreement.

LOCAL AGENCY must bill STATE at the e-mail address specified in paragraph 12, with a timestamp no later than NOVEMBER 1, 2026 in order to receive the funds.

The bill submitted by LOCAL AGENCY must clearly delineate the projects performed and/or items purchased. A vendor’s invoice and proof of payment to vendor(s) must be included for items purchased.

10. LIMITATIONS: LOCAL AGENCY shall notify STATE prior to purchase of any Equipment as defined under 2 CFR 200.1 “Equipment.” Expenditure of the funds distributed by STATE herein is subject to the same limitations as placed by the VFC, upon expenditure of United States Government Funds. Pursuant to 2 CFR 200.313 Equipment, subject to the obligations and conditions set forth in that section; title to any equipment and supplies acquired under this Agreement vests with the LOCAL AGENCY. For any equipment items over $10,000, the federal government may retain a vested interest in accordance with paragraph 17 below.

11. MATCHING FUNDS: Any and all funds paid to LOCAL AGENCY under the terms of this Agreement, hereinafter referred to as “VFC Funds”, shall be matched by LOCAL AGENCY on a dollar-for-dollar basis, for each project listed on attachment(s) hereto identified as “Proposed Project”. No amount of unpaid “contributed” or “volunteer” labor or services shall be used or consigned in calculating the matching amount “actually spent” by LOCAL AGENCY.

LOCAL AGENCY shall not use VFC Funds as matching funds for other federal grants, including Department of Interior (USDI) Rural Fire Assistance grants, nor use funds from other federal grants, including USDI Rural Fire Assistance grants, as matching funds for VFC Funds.
#4..
- 25 -
7FG25070
4 12. ADDRESSES: The mailing addresses of the parties hereto under the terms of the Agreement are:

LOCAL AGENCY:

Attention:

Telephone Number(s):

E-mail
STATE: Department of Forestry and Fire Protection
Grants Management Unit, Attn: VFC
P. O. Box 944246
Sacramento, California 94244-2460
E-MAIL: [email protected]

13. PURPOSE: Any project to be funded hereunder must be intended to specifically assist LOCAL AGENCY to organize, train, and/or equip local firefighting forces in the aforementioned rural area and community to prevent or suppress fires which threaten life, resources, and/or improvements within the area of operation of LOCAL AGENCY. Project funds are not to be used for research and development.

14. COMBINING: In the event funds are paid for two or more separate, but closely related projects, the 50/50 cost-sharing formula will be applied to the total cost of such combined projects.

15. OVERRUNS: In the event that the total cost of a funded project exceeds the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request additional funds to cover the Agreement share of the amount exceeded. However, there is no assurance that any such funds are, or may be, available for reimbursement. Any increase in funding will require an amendment.

16. UNDERRUNS: In the event that the total cost of a funded project is less than the estimate of costs upon which this Agreement is made, LOCAL AGENCY may request that additional eligible projects/items be approved by STATE for Agreement funding.

However, there is no assurance that any such approval will be funded. Approval of additional projects/items, not listed on the Proposed Project application, made by STATE, will be in writing and will require an amendment.

17. FEDERAL INTEREST IN EQUIPMENT: Items of equipment with a current fair market value in excess of $10,000 (per-unit) may be retained or sold by LOCAL AGENCY once it is no longer needed for the original project, program, or for other activities supported by the awarding Federal agency. However, the Federal agency is entitled to an amount calculated by multiplying the percentage of the Federal agency's contribution towards the original purchase by the current market value or proceeds from the sale. If the equipment is sold, the STATE may permit the LOCAL AGENCY to retain, from the Federal share, $1,000 of the proceeds to cover expenses associated with the selling and handling of the equipment. LOCAL AGENCY will notify STATE of the disposal of such items. #4..
- 26 -
7FG25070
5 18. EQUIPMENT INVENTORY: Any single item purchased in excess of $10,000 will be assigned a VFC Property Number by the STATE. LOCAL AGENCY shall forward a copy of the purchase documents listing the item, brand, model, serial number, any LOCAL AGENCY property number assigned, and a LOCAL AGENCY contact and return address to STATE at the address specified in paragraph 12. The STATE will advise the LOCAL AGENCY Contact of the VFC Property Number assigned.

19. AUDIT: LOCAL AGENCY agrees that the STATE, the Department of General Services, the California State Auditor, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. LOCAL AGENCY agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated. LOCAL AGENCY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, LOCAL AGENCY agrees to include a similar right of the State of California to audit records and interview staff in any subcontract related to performance of this Agreement. (GC 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896).

20. DISPUTES: In the event of any dispute over qualifying matching expenditures of LOCAL AGENCY or audit findings, the dispute will be decided by STATE and its decision shall be final and binding.

21. MONITORING: LOCAL AGENCY agrees to the monitoring of activities as necessary by STATE to ensure that the award is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the agreement; and that performance goals are achieved.

22. INDEMNIFICATION: LOCAL AGENCY agrees to indemnify, defend, and save harmless, the STATE, its officers, agents, and employees, from any and all claims and losses, accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by LOCAL AGENCY in the performance of this Agreement.

23. CIVIL RIGHTS: LOCAL AGENCY agrees to comply with civil rights requirements as detailed in the Complying With Civil Rights Requirements brochure (FS-850) and the And Justice For All poster (AD-475A). The poster is to be placed at all public points of contact/reception areas.

24. DRUG-FREE WORKPLACE REQUIREMENTS: LOCAL AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. #4..
- 27 -
7FG25070
6 b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and LOCAL AGENCY may be ineligible for funding of any future State Agreement if the department determines that any of the following has occurred: (1) the LOCAL AGENCY has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

25. TERM: The term of the Agreement SHALL COMMENCE ON THE LAST SIGNATORY DATE ON PAGE 1 and continue through August 31, 2026.

26. TERMINATION: This Agreement may be terminated by either party giving 30 days written notice to the other party or provisions herein amended upon mutual consent of the parties hereto.

27. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

28. INDEPENDENT CONTRACTOR: LOCAL AGENCY, and the agents and employees of LOCAL AGENCY, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the STATE or the Federal Government.

29. INDIRECT RATE: LOCAL AGENCY may not assess an indirect rate in excess of their Federally approved Negotiated Indirect Cost Rate Agreement (NICRA) or a de minimis rate if LOCAL AGENCY does not have an approved NICRA, not to exceed 15%. LOCAL AGENCY may also elect not to assess an indirect rate. The approved indirect cost rate at the time of execution is 0%.
#4..
- 28 -
7FG25070
7 30. MEDIA: LOCAL AGENCY shall acknowledge STATE and USDA Forest Service support in any publications, audiovisuals and electronic media developed as a result of this award.

It is encouraged to give public notice of the receipt of this award and announce progress and accomplishments, acknowledging STATE and USDA Forest Service support. Follow direction in USDA Supplemental 2 CFR 415.2.

31. ASSIGNMENT: This Agreement is not assignable by LOCAL AGENCY either in whole or in part.
#4..
- 29 -
OMB No. 0505-0027
Expiration Date: 09/30/2025 AD-1048
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR §§ 180.300, 180.335, Participants' responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided. (Read instructions on page two before completing certification.) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME

NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
Prefix: First Name:

Middle Name:

Last Name:

Suffix:

Title:

SIGNATURE(S) DATE
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form.

To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email:
[email protected]. USDA is an equal opportunity provider, employer, and lender. #4..
- 30 -
Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. (3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated. (6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for Award Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies, including suspension and/ or debarment.

Form AD-1048 (REV 12/22)

#4..
- 31 -
His

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 25, 2025
Date: November 5, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: First Amendment to George Hills, Third-Party Administration Agreement CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider the First Amendment with George Hills Company, Rancho Cordova, CA, for ThirdParty Administration (TPA) of the City’s General Liability Claims increasing the agreement amount by $284,500 and a new total not to exceed $2,284,500 to complete the term of the Agreement. (Funding Source: General Liability Fund)
STRATEGIC PLAN ELEMENT:

This action supports the 2025-26 Strategic Plan’s Service Delivery Goals & Strategies – Build a high-performing organization by adopting a more efficient and professional process that will reduce future general liability costs to the city.

BACKGROUND:

In 2020, the City Manager authorized the Purchasing Manager to issue a formal Request for Proposals (RFP) for the furnishing of general liability claims administration services. The Purchasing Division issued RFP No. 1920-77 General Liability Claims Third Party Administration on August 6, 2020, and 1,310 vendors were notified of the RFP’s posting.

Proposals were formally opened in the City Clerk’s office. Four (4) companies chose to respond. All four (4) companies responding provided a responsive and responsible proposal.

An evaluation committee comprised of City staff representing Human Resources, Risk Management, and the City Attorney’s Office evaluated and graded the proposals. The top three proposers were invited to give oral presentations to the committee via teleconference.

Based on being ranked highest in total evaluation criteria, the evaluation committee recommended the award of proposal for general liability third-party administration services including processing, investigating, and adjusting claims, and subrogation of recoveries, to #5..
- 32 -
City Council, November 25, 2025
First Amendment to George Hills, Third-Party Administration Agreement

George Hills Company, Inc., Rancho Cordova, CA for an estimated cost of $400,000 annually and $2,000,000 over the entirety of the 5-year contract.

On May 25, 2021, by Resolution No. 2021-185, Council approved the award of proposal and Agreement for the furnishing of General Liability Claims Administration Services to George Hills Company, Rancho Cordova, CA, for a two (2) year Agreement with three (3) one one-year extensions options, for an annual estimated cost of $400,000 and a total amount not to exceed $2,000,000 over five years.

Liability claim administration includes processing, establishing loss reserves, investigating, and defending claims, accounting, providing loss summaries and loss-run reports and assisting the Risk Manager and City Attorney’s Office in the evaluation, management and defense of litigated claims from inception through disposition.

The contract is set to conclude in May of 2026, whereupon the City will request proposals for a new contract. However, prior to the contract’s closing date, the City will run out of contract authority for the remainder of the contract.

DISCUSSION:

The original agreement with George Hills Company has an allocated $400,000 per year, totaling $2,000,000 over the course of the five-year contract. The five years would be completed in May of 2026; however, we anticipate there are only enough funds to cover through December of 2025. An amendment to allocate additional funds is necessary to complete the contract period.

George Hills processes, investigates, and adjusts approximately 300 claims per year, though this number can vary as it did in 2023 when the city received over 500 claims. The City is billed an adjustor’s hourly rate for each claim, which made budgeting over a five-year period an educated guess and led to the current shortfall of funds. In 2023, the larger claim total increased workloads for George Hills leading to additional costs to the City.

George Hills provides a vital service to the city. Interrupting services would cause a strain on our claims system and likely lead to missed deadlines and additional legal costs. Adding funds to the contract so that the city can maintain a smooth transition between George Hills and the vendor that will be awarded the new Third-Party Administration (TPA) contract will ensure services proceed as intended.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” An amendment to allocate additional funds is necessary to complete the contract period.

FISCAL IMPACT:

Additional funds are needed in the amount of $284,500 to fully fund the anticipated agreement expenditures.
#5..
- 33 -
City Council, November 25, 2025
First Amendment to George Hills, Third-Party Administration Agreement

The below table shows the amount spent through August of 2025.

Year of Contract
*Sum of Released Amounts
Through August 2025 Monthly Average
Year 1 $222,583 $31,797
Year 2 $448,305 $37,358
Year 3 $452,417 $37,701
Year 4 $614,827 $51,235
Year 5 $78,368 $26,122
Grand Total: $1,816,500
Below shows the anticipated amounts that will be spent based on a 52,000 monthly average The contract could exceed the $2,000,000 amount in December, though more likely in January.

September $52,000 $1,868,500
October $52,000 $1,920,500
November $52,000 $1,972,500
December $52,000 $2,024,500
January $52,000 $2,076,500
February $52,000 $2,128,500
March $52,000 $2,180,500
April $52,000 $2,232,500
May $52,000 $2,284,500
Based on the above, funds may be depleted by the end of December 2025. Funds are available in the General Liability 5330 fund to cover the full amount requested of $284,500. The expenses related to the agreement are included annually as part of the General Liability Internal Service Fund (ISF). The increase in the agreement will come from General Liability Fund 5330 reserves and recovered as part of the Fiscal Year 2026-27 ISF allocation.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on October 27, 2025, and the Committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment to the Agreement with George Hills Company, Rancho Cordova, CA, for Third-Party Administration of the City’s General Liability Claims increasing the agreement amount by $284,500 and a new total not to exceed $2,284,500 to complete the term of the Agreement and authorizing the City Manager or his designee to execute the Amendment.
#5..
- 34 -
City Council, November 25, 2025
First Amendment to George Hills, Third-Party Administration Agreement

Approved by:

Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment to Standard Agreement for Consultant Services

3. George Hills Company – 2021 05 25 – Agreement for General Liability Claims Administration Services

4. RESO 2021-185
#5..
- 35 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH GEORGE HILLS COMPANY, RANCHO CORDOVA, CA, FOR THIRDPARTY ADMINISTRATION OF THE CITY’S GENERAL LIABILITY CLAIMS INCREASING THE AGREEMENT AMOUNT BY $284,500 AND A NEW TOTAL NOT TO EXCEED $2,284,500 TO COMPLETE THE TERM OF THE AGREEMENT

AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE

THE AMENDMENT
WHEREAS, the City utilizes the services of a third-party administrator to provide General Liability administrative services; and
WHEREAS, on May 25, 2021, by Resolution No. 2021-185, Council approved the Administrative Services Agreements with George Hills Company, Rancho Cordova, CA to provide third-party general liability services in an estimated cost of $400,000 annually and an amount not to exceed $2,000,000 over 5 years; and WHEREAS, the original agreement with George Hills Company has an allocated $400,000 per year, totaling $2,000,000 over the course of the five-year contract. The five years would be completed in May of 2026; however, the City anticipates there are only enough funds to cover through December of 2025; and
WHEREAS, George Hills processes, investigates, and adjusts approximately 300 claims per year, though this number can vary as it did in 2023 when the City received over 500 claims. The City is billed an adjustor’s hourly rate for each claim, which made budgeting over a five-year period an educated guess and led to the current shortfall of funds. In 2023, the larger claim total increased workloads for George Hills leading to additional costs to the City; and
#5..
- 36 -
WHEREAS, George Hills provides a vital service to the City. Interrupting services would cause a strain on the City’s claims system and likely lead to missed deadlines and additional legal costs. Adding funds to the contract so that the City can maintain a smooth transition between George Hills and the vendor that will be awarded the new Third-Party Administration (TPA) contract will ensure services proceed as intended; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-

3.204(f) "Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services." NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Agreement with George Hills Company, Rancho Cordova, CA, for Third-Party Administrative Services increasing the agreement amount by $284,500 and a new total not to exceed $2,284,500 to complete the term of the agreement.

BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the Amendment, in a form approved by the City Attorney. #5..
- 37 -
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of November 2025, by Councilmember XXX, who moved its adoption, which motion being duly seconded by Councilmember XXX, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: XXX
NOES: Councilmembers: XXX
ABSENT: Councilmembers: XXX
ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#5..
- 38 -

FIRST AMENDMENT TO STANDARD AGREEMENT FOR CONSULTANT SERVICES THIS FIRST AMENDMENT, to the Agreement for Third-Party Administration of the City’s General Liability Claims (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the "City") and George Hills Company, a California Limited Liability Company, (hereinafter "Consultant") as of _______________________.

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

1. On May 25, 2021, the City and Consultant entered into a Standard Agreement for Consultant Services (“Agreement”) for Third-Party Administration of the City’s General Liability Program.

2. The City and Consultant desire to amend the language in Section 3, COMPENSATION, Paragraph 1 of the Original Agreement.

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. Section 3, COMPENSATION, Paragraph 1 of the Original Agreement shall be deleted and replaced with the following:
“Consultant agrees to accept a sum not to exceed TWO MILLION TWO HUNDRED EIGHTY-FOUR THOUSAND FIVE HUNDRED DOLLARS ($2,284,500) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit ‘A” and for performance by Consultant of all of its duties and obligations under this Agreement.”
#5..
- 39 -

2. Except as modified and amended by the 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 Agreement to the Agreement for Consultant Services by its City Manager and attested by its City Clerk under authority of Resolution No.________ on the day of ____, 2025, and _____________________has caused this Agreement to be duly executed as of the Effective Date.
#5..
- 40 -
1 STANDARD AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2021 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and GEORGE HILLS COMPANY, a California corporation, hereinafter referred to as "Consultant."
This Agreement is made with regard to the following recitals:

A. The City has determined that a General Liability Claims Third Party Administrator is required to assist the City with claims handling and administration services related to the City General Liability Claims.

B. Consultant represents that it is qualified, willing and able to provide the services.

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.

2. TERM OF AGREEMENT.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B 25th May
#5..
- 41 -
2 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.

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

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 contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed TWO MILLION DOLLARS ($2,000,000.00) as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant to the manner and at the times set forth below:

All work to be performed under this Agreement shall be billed at the rates set forth in Exhibit “A”, Section I-A attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket, reimbursable costs paid by Consultant in connection with work performed on this project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 42 -
3 Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Chris Shaffer, ARM/P, Vice President – Claims Administration Division, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior `````written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 43 -
4 All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 44 -
5 Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement.

Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 45 -
6 other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

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

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 46 -
7 performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (a) upon actual delivery, if delivery is by hand; or (b) five (5) days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time.

FOR Consultant:

John Chaquica, CEO
George Hills Co., Inc.

P.O. Box 278
Rancho Cordova, CA 95741
(XXX)XXX-XXXX
FOR CITY:

City of Modesto
Purchasing Division
Attn: Dianne Love, Senior Buyer
P.O. Box 642
Modesto, CA 95354
(209)571-5164

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies authorized in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. In the event Consultant receives notice of cancellation from the insurer of any of the insurance required under this agreement, Consultant will provide City written notice of such DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 47 -
8 pending cancellation within five (5) business days of receipt of such notice from the insurer.

Consultant shall use all reasonable efforts to remedy the cause of such cancellation notice, or will find replacement insurance meeting the requirements of this agreement, and shall provide City with written notice that such cancellation has been rescinded, or shall provide a new Certificate of Insurance evidencing the replacement insurance, such that no lapse in the required insurance shall occur.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 for property damage or $1,000,000 combined single limit. 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 per-occurrence limit.

This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; products and completed operations. Consultant will provide Commercial General Liability coverage on forms reasonably acceptable to City.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and $1,000,000 property damage or $1,000,000 combined single limit. This insurance shall cover any automobile for bodily injury and property damage.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 48 -
9 (d) Professional Liability (Errors and Omissions) Insurance with limits not less than $1,000,000 per claim, $2,000,000 aggregate. If coverage is on a claims-made basis it shall be maintained for at least three (3) years following completion of the work.

Upon failure of the Consultant 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 Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. 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 Consultant for the City. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. The Consultant's commercial general liability insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 49 -
10 All endorsements referenced above must include the applicable policy number.

15. TERMINATION OF AGREEMENT.

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

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ninety (90) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
The City may terminate this Agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event City shall give Consultant not less than 30 days written notice.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 50 -
11 Termination by City for Change of Consultant's Tax Status If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this Agreement by giving written notice to Consultant. The termination date shall be the effective date of the notice.

Post-Termination Procedures
If this Agreement is terminated pursuant to this Section, Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 51 -
12 City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date. The final payment to the Consultant 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 DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 52 -
13 termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any act or omission of Consultant except that indemnity does not apply with respect to the sole negligence or willful misconduct of City, or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this agreement.

Consultant'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 DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 53 -
14 restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

19. 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.

20. 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.

21. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 54 -
15 Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

22. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

23. HEADINGS NOT CONTROLLING.

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

24. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

25. CITY BUSINESS LICENSE.

Consultant shall have a City of Modesto business license.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 55 -
16 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in by its City Manager and attestation by its City Clerk under authority of Resolution No. 2021- , adopted by the Council of the City of Modesto on the day of , 2021, and GEORGE HILLS COMPANY has caused this agreement to be duly executed in duplicate as of the Effective Date.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B 185
25 May
#5..
- 56 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
STEPHANIE LOPEZ, City Clerk

CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
JILES SMITH II, Risk Manager
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B George Hills Company
John E. Chaquica CEO/Owner
6/2/2021
#5..
- 57 -
1 ATTACHMENT A

SCOPE OF SERVICES AND CLIENT EXPRESSED AUTHORITY

AND LIMITATIONS UNDER THE CONTRACT
This Attachment A is intended to provide the scope of services and specific service expectations in the Service Contract, that would not otherwise require revision during the contract period, and which may differ from or elaborate upon our Client Service Profile. Services to be provided by GH on behalf of CLIENTS may include all or some of the following,
I. RATES APPLICABLE TO CONTRACT
A. Time and Expense: The GH Claims team will charge time to each claim on the basis of 1/10th time for based on the task performed. This time and further descriptions shall be on each monthly invoice. Our cumulative billing, however, shall not exceed the annual cap (subject to annual adjustments) of $350,000 as stated in Section 3 of the Contract. The cap is a movable target that should reviewed and potentially adjusted annually (increase or decrease)
The current hourly rates are:

Supervisor: $115/hour*
Adjuster: $90/hour*
Claims Processing: $75/hour*
II. SERVICES INCLUDED IN THE CONTRACT
A. General Administrative Services
Throughout each year GH performs numerous functions which support claims administration on behalf of the Client, but do not include any claims handling, and are performed by non-claims personnel. Additionally, in the first year of a new client there are several “on-boarding” services that are general and administrative in nature.

Below is a list of such services which are included within the terms of this Contract:
1) Access to CMIS and training.
2) A monthly listing of open claims, showing expense categories, reserves, and total incurred.
3) Monthly claim summary reports.
4) Providing loss run data and required reports.
5) Providing annual reports to outside agencies.
6) Filing of regulatory reports (such as 1099, W-9, etc.). 7) Establish and maintain a trust fund to pay indemnity and expenses that may be due on claims. The amount to be maintained in the trust fund shall be determined by CLIENT. 8) If the trust fund is not set-up with the GH preferred bank—California Bank & Trust, there may be an additional set-up fee (other banks processes can be extraordinarily time consuming).
9) New bank account set up (signature cards, test checks, online access, set up bank in CXP).
10) Discussion and agreement on the Approval process.
11) Process checks weekly.
12) Submit positive pay if applicable/monitor positive pay (review daily emails from bank for exceptions).

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 58 -
2 13) Maintain a copy of all checks drawn by GH to pay claims and claims related expenses. 14) Submit monthly check registers of all transactions made for the period. 15) Monitor account balance, prepare replenishment requests as needed (customize request for each client’s need).
16) Monthly bank reconciliation (prepared and sent to CLIENT). 17) Special reports that requested to go with billing invoices (by member, claim type, etc.). 18) Payment of invoices that are pass-throughs (i.e., invoices for medical record copies, ExamWorks, etc.).
19) Certificates of insurance as required by the Contract.

B. Investigative Services
1) Receipt and examination of all reports of accidents or incidents that are or may be the subject of claims.
2) Investigate accidents or incidents as warranted, to include on-site investigation, photographs, witness interviews, determination of losses and other such investigative services necessary to determine all CLIENT losses but not to include extraordinary investigative services outside the expertise of GH.
3) In the event CLIENT or other agency conducts any investigation, and upon Client’s request, GH shall review and analyze for liability and/or damage issues and for possible additional follow-up investigation.
4) Maintain service on a 24-hour, 7 days per week basis, to receive reports of any incident or accident which may be the subject of a liability claim and provide immediate investigative services to the extent necessary to provide a complete investigation. 5) Undertake items of investigation requiring special handling for CLIENT at the direction of the CLIENT’s Attorney or authorized representative.

C. Liability and Claim Handling Services
1) Promptly set up a claim file upon receipt of the claim and maintain a claim file on each potential or actual claim reported.
2) Assess and evaluate the nature and extent of each claim and establish claims reserves for indemnity and legal expense.
3) GH will follow any CLIENT policy regarding tort claim rejection instructions, including rejection and return of an untimely or insufficient claim. 4) Ensure timely tort claim handling, including contact and follow-up with claimants regarding claim issues and processing.
5) Any bodily injury claim that is being pursued shall be indexed. Notice only matters or precautionary bodily injury claims that are not pursued do not need to be indexed. 6) Determine the need for defense representation, recommend legal counsel, and support litigation activity.
7) Report claims to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements. 8) Maintain records on any such claim and notify CLIENT when CLIENT is about to exhaust the Self-Insured Retention.
9) Obtain settlement contracts and releases upon settlement of claims or potential claims not in litigation.
10) Perform periodic reviews, as needed, of CLIENT files and claims as well as statutory requirements to ensure compliance including excess insurance related requirements. 11) Perform the necessary data gathering for the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) and the Set Aside Contracts in compliance with Section 111 of the MMSEA including the required reporting. (See Attachment B) DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 59 -
3 12) To the extent there is privileged information or PHI shared between agencies, which is subject to protection under HIPAA, GH shall implement all necessary measures in compliance with the Act and will execute a Business Associates Agreement (BAA).

D. Litigation Support Services
1) Upon notification by the CLIENT that litigation has been filed on an open claim, GH shall follow the litigation referral process as outlined in the Client Expressed Scope of Work Instructions form.
2) Work cooperatively with CLIENT in choosing outside counsel from approved panel, and assist defense counsel in on-going litigation defense efforts. 3) Obtain and maintain a Litigation Plan and Budget.
4) Review legal bills for compliance with Litigation Plan and Budget; Review, evaluate and adjust defense counsel invoices for legal services.
5) Cooperate with and assist defense counsel assigned to litigation of open claims and provide such investigative services as directed during pre-trial and trial stages. 6) Assist in responding to discovery or preparing discovery. 7) At the request of the CLIENT, attend mandatory settlement conferences on behalf of CLIENT.
8) Appear on behalf of CLIENT in small claims actions filed against CLIENT on open claims handled by GH.
9) Review and evaluate case evaluations, correspondence and status reports forwarded to GH by counsel. Regularly discuss, review, and direct investigation , discovery, and case strategy with counsel.
10) Cooperate with counsel as a team with an open communication approach on each case to obtain the most economical and best result for the CLIENT.

E. Reports and Procedures
1) Within thirty (30) days of assignment, or sooner if practicable, required, or requested, GH will provide CLIENT with a report pursuant to specified claims handling instructions, showing name(s) of claimant(s), type of claim, date of loss, comments on liability, reserve recommendations, settlement recommendations, and other pertinent information. Subsequent to the initial thirty (30) day report, GH will report as often as warranted by any important change in status but no longer than every ninety (90) days until the claim closes unless extended diary is appropriate. 2) All original reports, documents, and claim data of every kind or description, that are prepared in whole or in part by or for the GH in connection with this contract shall be CLIENT's property and constitute the GH’s work product for which compensation is paid.

A copy of all reports, documents, and claim data of every kind or description that is in whole or in part by or for the CLIENT is the property of GH. Additional copies of original reports, documents, and data requested by CLIENT will be at CLIENT’s expense in accordance with this contract.
3) GH agrees that CLIENT have access and the right to audit and reproduce any of the GH’s relevant records to ensure that the CLIENT is receiving all services to which the CLIENT is entitled under this Contract or for any purpose relating to the Contract.

F. Data
1) Utilize GH’s claims management system—CXP (ClaimsXpress). 2) Record all claim information including all financial data. 3) Provide CLIENT and broker Read only on-line access to the claims data system (up to five users), if desired by CLIENT.
4) Provide monthly standard loss run and check register.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 60 -
4 5) Provide annual claims data report upon request. Written authorization and/or a Business Associate Agreement may be required for confidential information protected by HIPAA. 6) Provide assistance to CLIENT in developing customized reports when requested (may require additional charge).
7) Arrange for electronic file conversion for any open and closed claims at the direction of CLIENT.

G. Claim Review Meetings
GH shall, on a mutually agreed periodic basis, meet with Client to review and discuss the CLIENTS claims inventory and claims results of specified periods and delivery of services by CLAIM ADMINISTRATOR.

H. Financial Accounting
1) Establish and maintain a trust fund for the purpose of paying indemnity and expenses that may be due on the claims. The amount to be maintained in the trust fund shall be determined by the Client.
2) Maintain a copy of all checks drawn by the GH to pay claims and claims related expenses.
3) Submit monthly check registers of all transactions made for the period. 4) Complete or update Attachment B “Preferred Method of Check Processing” for check processing options.
5) Approval process shall be documented in GH Client Expressed Scope of Work Standards and Instruction Form.
6) GH will provide monthly bank reconciliation reports to CLIENT for audit purposes.

I. Third Party Subrogation Services
1) GH personnel are well versed in the identification, handling, and pursuit of subrogation claims arising out of CLAIMS which are the subject of this Contract. Included within this contract, GH will perform the following functions:
2) Identify potential opportunities to recover from persons, businesses, and entities other than the CLIENT.
3) Prepare and file a claim with each identified entity. 4) As applicable, tender defense to or seek recovery from any identified entity. 5) With the assistance of counsel, prepare and file any necessary litigation required to effect the claim of recovery on behalf of the CLIENT
6) Manage litigation related to such claims made to other person, businesses or entities J. First Party Subrogation Services
GH is a claim administration firm experienced in the handling of first party subrogation claims and is ready and capable of performing such services on behalf of CLIENT. GH does not handle subrogation claims with a value of less than $1000. For any claim in excess of $1,000, CLIENT authorizes GH for to initiate its Subrogation Services as described more fully in Attachment A-1.

Our services are unique to a first party loss of the CLIENT caused by the intentional or negligent act of a third party.

III. CLIENT EXPRESSED AUTHORITY AND LIMITATIONS
The list immediately below contains numerous services provided in this Contract for which GH requests the CLIENT expressly establish authority and/or limitations, on the ability of GH to act on behalf of the CLIENT. The CLIENT will check the appropriate box establishing the authority of GH to act or the limitation as to that authority.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 61 -
5 INVESTIGATION:

George Hills will conduct all investigations
CLIENT will conduct all investigations
CLIENT will direct GH on each claim as to who performs investigations In the event the Client or other agency conducts any investigation, GH shall review for completeness.

Retention of Vendors (appraisers, translators, copy services, Independent Adjuster, IME’s, Surveillance, etc.):

Must be preauthorized by CLIENT
Does not need preauthorization
REJECTION OF CLAIMS:

CLIENTS position regarding rejections (e.g., if entity so dictates, a claim will be rejected for insufficiency). Check all that apply.

Protocols for Rejections
GH needs authorization
GH does not need authorization
GH sends the Rejection
CLIENT sends the Rejection
GH sends out Denial Letter simultaneously with Rejection outlining the reason LITIGATION:

Check all that apply.

GH will handle litigated claims
Full
As assigned
Check Issuance and Data Input
Data Input only
CLIENT will handle litigated claims inhouse, with GH to capture data into SIMS CLIENT will send data to GH weekly
CLIENT will send data to GH monthly
Mandatory Settlement Conferences
GH always attends
At CLIENT request only
Small Claims Actions filed against CLIENT
GH always appears
At CLIENT request only
Legal Counsel
GH must have CLIENT authorization to refer to outside Legal Counsel GH does not need CLIENT authorization to refer to outside Legal Counsel DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 62 -
6 GH must use CLIENT approved Legal Panel for Attorney selection CLIENT does not have an approved Legal Panel for Attorney selection All Litigation to be handled by CLIENT inhouse Legal
GH always sends Litigation Assignment packets to Legal Counsel CLIENT specific Litigation Guidelines: Yes No
CLIENT specific Litigation Referral Form/Letter: Yes No CLIENT specific Litigation Budget Form: Yes No
Pay fees for Experts, photocopies, medical records as: Expense Legal EXCESS REPORTING:

GH will report claims to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements.

CLIENT will report claims to the excess insurer in compliance with excess carrier’s reporting requirements and coordinate with the excess insurer on a claim’s progress in accordance with the excess insurer’s reporting requirements.

AUTHORITY LEVELS:

Reserve within SIR:
$0.00 Other: $ (specify amount)
Adjuster must seek approval from (client contact) to post indemnity reserves above authority level.

Medical Treatment:

Medical Authorizations should only be sent to the claimant once liability is determined to be adverse to the CLIENT.

Medical Authorizations should go out as soon as it is determined that a BI claim is being pursued.

CLAIMS EXCEEDING SIR:

GH stops tracking activity once the SIR has been reached.

GH will continue to track all activity at and/or above the SIR. The Excess JPA/Carrier will provide GH with activity documentation above the SIR.

GH will reserve to Full Value and track recoveries.

THIRD PARTY SUBROGATION SERVICES:

GH is authorized to initiate third party subrogation claims on behalf of CLIENT GH must obtain authorization to initiate third party subrogation claims on behalf of CLIENT.

FIRST PARTY SUBROGATION SERVICES:

CLIENT elects to incorporate the first party subrogation services of GH into the contract CLIENT authorizes GH to initiate first party subrogation claims on behalf of CLIENT CLIENT agrees to the additional compensation payable to GH for its first party subrogation DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 63 -
7 services as follows:

GH shall be entitled to 30% of the gross recovery for each claim initiated by GH through its first party subrogation efforts.

CLIENT agrees to the terms and conditions stated in Attachment A-1, Subrogation Services. _______________ BY: _____________________________________ Date John E. Chaquica, CEO
GEORGE HILLS COMPANY INC.
________________ BY: _____________________________________ Date NAME, TITLE
CLIENT
DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 64 -
1 ATTACHMENT A-1

SUBROGATION AGREEMENT
This Subrogation Agreement is made and entered into this day of , 2021 by and between the CITY OF MODESTO, hereinafter referred to as “CLIENT”, and GEORGE HILLS COMPANY, INC., hereinafter referred to as “GH”.

I. GH does not handle subrogation claims with a value of less than $1000. For those claims in excess of $1000, CLIENT may, at CLIENT’s own expense:
a. Authorize GH to act as a representative of CLIENT for the investigation, adjustment, processing, supervision and evaluation of an ultimate recovery of potential money from damage claims against parties for whom it is alleged to be legally responsible.
b. Authorize GH to engage the services of a litigation attorney to consult, review, and determine the best legal strategy available at the time to obtain the best possible result for CLIENT. Upon determination by the attorney that a civil action is in the best interest of CLIENT, GH will notify CLIENT and obtain authorization to pursue recovery in accordance with the recommendations of the litigation attorney.
c. While GH is handling a subrogation claim for CLIENT pursuant to the terms of this Contract, the institution of a civil action is determined by CLIENT to be the best course of action, CLIENT may elect to do so at CLIENT’s own expense. i. Recall the claim to CLIENT’s control so that CLIENT may pursue recovery in a manner to be determined by the CLIENT’s attorney to be in the best interest of the CLIENT.
ii. In the event CLIENT recalls the claim as indicated above, CLIENT shall be responsible for payment to GH for any and all time and expense incurred by GH’s subrogation claim adjuster and/or other subrogation division staff up to the time wherein the claim has been recalled by CLIENT.

II. CLIENT will pay a Subrogation Fee in the amount of 30% for each and every recovery obtained. The minimum amount to be paid to GH will be $250 per claim upon recovery.

However, GH has the authority to reject any claim for any reason, relieving CLIENT of any fiscal responsibility for rejected claims only.
a. Generally, no recovery shall be agreed to involving payment plans if the recovery is less than $5,000 and/or greater than a one-year term. Exceptions can be made on a case-by-case basis. If a recovery is agreed to exceed this amount and/or length of time, Subrogation fee shall be 45%. In the event a payment plan is authorized and entered into, the subrogation fee will be based upon the total amount of the lien and will be invoiced to the CLIENT upon the entry of the payment agreement. GH will make every attempt to enforce the provisions of the payment agreement with the claimant, but in no way guarantees the fulfillment of the terms of the payment agreement. In the event the terms of the payment agreement are not fulfilled and warrant pursuit through the small claims process, authority to pursue through small claims will be requested.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 65 -
2 b. Authorize GH to appear in small claims court for recovery of funds. Authority for the pursuit of recovery through small claims will be requested prior to the filing of documents with the court to initiate the small claims action. Each appearance will be an additional fee of $150. All costs for the handling of small claims court actions, i.e. service of process of documents on the responsible parties, mileage, parking, and toll shall be an additional cost and will be the responsibility of the CLIENT. Additional allocated costs shall be billed separately upon the cost being incurred, such as, but not limited to: skip tracing, service of process, and thirdparty sub contracted investigation. c. GH reserves the right to cease working on any claim whereas information has not been made available to GH within 120 days after GH has submitted the information and/or documentation request to CLIENT, at such time the claim will be closed.
d. Due to the nature of these services, in that compensation is contingent upon recovery, if the contract is terminated prior to recovery or other closure of any claim, the CLIENT shall pay GH for all expenses and time spent, to date, on any claim(s) currently open and recovery in process. Payment shall be based on the current hourly rate of GH. GH will submit the final invoice within five business days of termination.

III. General Terms and Conditions
a. Successors and Assigns.

All of the rights, benefits, duties, liabilities, and obligations of the parties shall inure to the benefit of, and be binding upon, their respective successors and assigns.
b. Construction.

The title and headings of the Sections in this Agreement are intended solely for reference and do not modify, explain, or construe any provision of this Agreement. All references to sections, recitals, and the preamble shall, unless otherwise stated, refer to the Sections, Recitals, and Preamble of this Agreement. In construing this Agreement, the singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared the Agreement. Nothing in this Agreement is intended to conflict with any provision, term, or condition or the original underlying Contract. c. Integration.

This Agreement, and all related documents referred to in this Agreement, constitute the entire Agreement between the parties. There are no oral agreements which are not expressly set forth in this Agreement and the related documents being executed in connection with this Agreement. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by the party to be charged.
d. Third-Party Rights.

Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties and their respective successors and assigns, any rights or remedies.
e. Severability.

If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected.

DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 66 -
3 f. Waivers.

No waiver or breach of any provision shall be deemed a waiver of any other provision, and no waiver shall be valid unless it is in writing and executed by the waiving party. No extension of time for performance of any obligation or act shall be deemed an extension of time for any other obligation or act. g. Counterparts.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. The execution of this Agreement shall be deemed to have occurred, and this Agreement shall be enforceable and effective, only upon the complete execution of this Agreement by Seller and Purchaser. h. Authority of Parties.

All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party. i. Governing Law.

This Agreement shall be governed by and construed in accordance with California law.
________ BY: _____________________________________
Date John E. Chaquica, CEO
GEORGE HILLS COMPANY, INC.
_________ BY: _____________________________________
Date NAME, TITLE
ENTITY
DocuSign Envelope ID: E474F2EB-85C2-40EA-B3E0-0E6486428F1B #5..
- 67 -
05/25/2021/HR/JSmithII/Item 9 1 2021-185

MODESTO CITY COUNCIL
RESOLUTION NO. 2021-185

RESOLUTION APPROVING THE AWARD OF PROPOSAL AND

AGREEMENT FOR THE FURNISHING OF GENERAL LIABILITY CLAIMS

ADMINSITRATION SERVICES TO GEORGE HILLS COMPANY, RANCHO CORDOVA, CA, FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE

ONE-YEAR EXTENSION OPTIONS, FOR AN ANNUAL ESTIMATED COST OF $400,000 AND A TOTAL AMOUNT NOT TO EXCEED $2,000,000 OVER FIVE

YEARS, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO

EXECUTE THE AGREEMENT
WHEREAS, the City currently administers general liability, property claims and loss recovery internally, and
WHEREAS, annually, the City processes, investigates and adjusts approximately 300 claims, and
WHEREAS, the practice of self-administering and adjusting third party liability claims has become increasingly unsustainable due to resource and staffing constraints, and
WHEREAS, during the Fall of 2019, a consulting firm was hired to do a full assessment of the Risk Division, analyzing current practices and advising on opportunities. The final report recommended a TPA as an industry best practice and opportunity for the General Liability program, and
WHEREAS, the Purchasing Division issued Request for Proposals (RFP) 1920-77 for General Liability Claims Third Party Administration, and WHEREAS, proposals were formally opened in the City Clerk’s office. Four (4) companies chose to respond. All four (4) companies responding provided a responsive and responsible proposal, and
#5..
- 68 -
05/25/2021/HR/JSmithII/Item 9 2 2021-185
WHEREAS, based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for general liability third-party administration services including: processing, investigating, and adjusting claims, and subrogation of recoveries, to George Hills Company, Inc., Rancho Cordova, CA for an annual estimated cost of $400,000, and
WHEREAS, George Hills has over sixty years of experience serving California cities and counties as a third-party claims administrator. George Hills positions itself as a smaller, “boutique” TPA specializing in public agency clients with the flexibility to customize programs to their customer’s needs. Their management team is stable and their average team member has over 25 years of experience in their respective fields.

Likewise, their claims staff turnover is very low at 4.88% over the last three years, and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment or contractual services to be formally bid. The award of proposal and contract for general liability third-party administration services to George Hills Company, Rancho Cordova, CA, conforms to the Modesto Municipal Code 8-3.203 because they had the highest-ranking score.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of proposal and agreement for the furnishing of general liability claims administration services to George Hills Company, Rancho Cordova, California, for two (2) year agreement with three (3) one-year extension options, for an annual estimated cost of $400,000 and a total amount not to exceed $2,000,000 over five years.
#5..
- 69 -
#5..
- 70 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 25, 2025
Date: October 29, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Second Amendment Tree Pruning and Removal Services Contracts CONTACT: Mike Johnson, Forestry Manager, [email protected], 209-342-4566 DESCRIPTION:

Consider the Second Amendment with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services, increasing the Agreement amount by $960,000 and Rumble Tree, Inc., Modesto, CA for Tree Pruning and Removal Services increasing the Agreement amount by $690,000. (Funding Source: Measure H Fund)
STRATEGIC PLAN ELEMENT:

This item is consistent with the 2025-2026 Strategic Plan Element: Quality of Life, “engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto”; Goal B: “Enhance pride in Modesto’s diverse neighborhoods and business districts by actively addressing blight and ensuring that community assets and amenities are well-maintained and preserved. Strategy #1: “Invest in beautification efforts.

BACKGROUND:

In recent years, the demand for tree pruning and removal services within the City’s urban forest exceeded the City Forestry Division’s available time and resources. As a result, there is a significant backlog of trees that need to be trimmed or removed (well over 20,000) and stumps that need to be ground (at least 3,000).

On June 6, 2023, by Resolution 2023-266, Council approved the Fiscal Year (FY) 2023-2024 budget, which included $1,550,000 of Measure H funding for tree maintenance. This much needed funding and the significant demand for tree pruning and removal services created the need for new agreements with multiple professional service providers. This has enabled the city to better manage trees and catch up on the significant backlog of tree related citizen requests, increase efficiency in response to weather related damage, reduce the risks of vegetation fires and increase public safety throughout the City.

On October 10, 2023, by Resolution 2023-455, Council approved the Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, #6..
- 71 -
City Council Meeting, November 25, 2025
Second Amendment Tree Pruning and Removal Services Contract

LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years.

On June 4, 2024, by Resolution 2024-190, Council approved the FY 2024-25 budget, which included an adjustment request for Measure H funding in an amount of $550,000 in additional funding for outside contractors (Pruning, Removal, and Stump Grinding) identifying Greentek Services, LLC and Rumble Tree, Inc., and an adjustment request for Measure H funding in the amount of $1,094,350 for reforestation of City trees, identifying Rumble Tree Service. Over the next five years Rumble Tree will assist in replanting trees at "open locations" while also conducting tree and stump removal operations in other areas identified. Breaking this down over a five-year span would average 230 new trees planted each year in identified areas, as well as 392 trees removed and 780 stumps removed.

On June 3, 2025, by Resolution 2025-182, Council approved the First Amendments with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 to a new total amount over five years of $3,475,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services increasing the Agreement amount by $1,594,350 for a new total over five years of $2,914,350.

DISCUSSION:

These agreements will continue to assist the Forestry Division in catching up with deferred tree maintenance that has been built up over the past decade providing a safer environment and healthier urban forest for the citizens of Modesto. Many trees in Modesto’s urban forest are experiencing limb and tree failure due to extended pruning cycles, defects within the trees, storms, drought, vandalism, disease, and lack of young tree training. These agreements will directly impact the trees throughout the city, improving health and safety for residents and visitors alike.

With aging trees and challenges of keeping up with the backlog, there has been an increase in service requests. In addition to aging trees, the size and geographic location of some of the trees, state mandated maintenance, and occupant needs, have magnified the need to apply more regularly scheduled maintenance. Staff is requesting additional funding to the current agreements to provide services for those requests.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” The City has determined that an increase in Agreement funding is required to ensure adequate funding allowance to cover the increased demand for services.

FISCAL IMPACT:

The proposed increase of $1,650,000 is budgeted as an ongoing annual adjustment request for Measure H funding for outside contractors. Funding for the agreements is budgeted as outlined below:
#6..
- 72 -
City Council Meeting, November 25, 2025
Second Amendment Tree Pruning and Removal Services Contract

Current Expenditures for Tree Pruning and Removal Services – Greentek Services, LLC Contract Year Expenditures
CY1: 1/19/24-9/24/24 $915,950
CY2: 10/25/24-9/29/25 $796,855
CY3: 10/16/25-YTD $37,067
Total (year to date) $1,749,872
Tree Pruning and Removal Services – Greentek Services, LLC Maintenance funding is budgeted in the Measure H fund, tree maintenance services will be procured, as needed.

FUND TOTAL
0160 – Measure H – Public Works (Cost Center: 56041) $960,000 Current Expenditures for Tree Removal and Stump Grinding Services - Rumble Tree, Inc.

Contract Year Expenditures
CY1: 2/9/24-10/15/24 $607,003
CY2: 10/16/24-9/25/25 $431,005
CY3: 10/16/25-YTD $35,105
Total (year to date) $1,073,113
Tree Removal and Stump Grinding Services - Rumble Tree, Inc.

Maintenance funding is budgeted in the Measure H fund and Public Works cost centers, tree maintenance services will be procured, as needed.

FUND TOTAL
0160 – Measure H – Public Works (Cost Center: 56041) $690,000

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on October 27, 2025, where it was recommended that it be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution recommending the Second Amendment for Tree Pruning and Removal Services with Greentek Services, LLC, Oroville, CA, increasing the Agreement amount by $960,000 to a new total amount of $4,435,000 and for Tree Removal and Stump Grinding Services with Rumble Tree, Inc., Modesto, CA increasing the Agreement amount by $690,000 for a new total amount of $3,604,350 and a total amount not to exceed between both agreements of $8,039,350; authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Amendments. #6..
- 73 -
City Council Meeting, November 25, 2025
Second Amendment Tree Pruning and Removal Services Contract

Approved by:

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

1. Resolution

2. Greentek Services– Second Amendment

3. Rumble Tree – Second Amendment

4. Greentek Services– First Amendment

5. Rumble Tree – First Amendment

6. Greentek Services – Original Agreement

7. Rumble Tree - Original Agreement

8. Greentek Services – Updated CA Levine Act Disclosure form

9. Rumble Tree - Updated CA Levine Act Disclosure form
#6..
- 74 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION RECOMMENDING THE SECOND AMENDMENT FOR TREE

PRUNING AND REMOVAL SERVICES WITH GREENTEK SERVICES, LLC, OROVILLE, CA, INCREASING THE AGREEMENT AMOUNT BY $960,000 TO A NEW TOTAL AMOUNT OF $4,435,000 AND FOR TREE REMOVAL AND

STUMP GRINDING SERVICES WITH RUMBLE TREE, INC, MODESTO, CA INCREASING THE AGREEMENT AMOUNT BY $690,000 FOR A NEW TOTAL AMOUNT OF $3,604,350 AND A TOTAL AMOUNT NOT TO EXCEED
BETWEEN BOTH AGREEMENT OF $8,039,350; AUTHORIZING THE

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

DOES NOT CHANGE AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AMENDMENTS
WHEREAS, in recent years, the demand for tree pruning and removal services within the City’s urban forest exceeded the City Forestry Division’s available time and resources; and
WHEREAS, staff’s difficulty in providing these services raises safety concerns and at this time there is a significant backlog of trees that need to be trimmed or removed and stumps that need to be ground; and
WHEREAS, on June 6, 2023, by Resolution 2023-266, Council approved the Fiscal Year (FY) 2023-2024 budget, which included $1,550,000 of Measure H funding for tree maintenance; and
WHEREAS, on October 10, 2023, by Resolution 2023-455, Council approved the Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA; and
WHEREAS, on June 4, 2024, by Resolution 2024-190, Council approved the FY 2024-25 budget, which included an adjustment request for Measure H funding in an #6..
- 75 -
amount of $550,000 in additional funding for outside contractors (Pruning, Removal, and Stump Grinding) calling out Greentek Services, LLC and Rumble Tree, Inc., and an adjustment request for Measure H funding in the amount of $1,094,350 for reforestation of City trees, calling out Rumble Tree Service. Over the next five years Rumble Tree will assist in replanting trees at "open locations" while also conducting tree and stump removal operations in other areas identified. Breaking this down over a five-year span would average 230 new trees planted each year in identified areas, as well as 392 trees removed and 780 stumps removed; and
WHEREAS, on June 3, 2025, by Resolution 2025-182, Council approved the First Amendments with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 to a new total amount over five years of $3,475,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services increasing the Agreement amount by $1,594,350 for a new total over five years of $2,914,350, and
WHEREAS, these agreements will continue to assist the Forestry Division in catching up with deferred tree maintenance that has built up over the past decade providing for a safer environment and healthier urban forest for the citizens of Modesto.

Many trees in Modesto’s urban forest are experiencing limb and tree failure due to extended pruning cycles, defects within the trees, storms, drought, vandalism, disease, and lack of young tree training. These agreements will directly impact the trees throughout the City, improving the health and safety for residents and visitors alike; and WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual #6..
- 76 -
services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” The City has determined that an increase in Agreement funding is required to ensure adequate funding allowance to cover the increased demand for services.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Second Amendment for Tree Pruning and Removal Services with Greentek Services, LLC, Oroville, CA, increasing the Agreement amount by $960,000 to a new total amount of $4,435,000 and for Tree Removal and Stump Grinding Services with Rumble Tree, Inc., Modesto, CA increasing the Agreement amount by $690,000 for a new total amount of $3,604,350 and a total amount not to exceed between both agreements of $8,039,350.

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

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 25th day of November 2025, by Councilmember ________, who moved its adoption, which motion being duly seconded by #6..
- 77 -
Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#6..
- 78 -

SECOND AMENDMENT TO ANNUAL AGREEMENT

WITH GREENTEK SERVICES, LLC FOR TREE PRUNING AND REMOVAL

SERVICES
This Second Amendment to the Annual Agreement for Tree Pruning And Removal Services (“Second Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and GREENTEK SERVICES, LLC, a California corporation (hereinafter “CONTRACTOR”) as of ________________, 2025 (the “Effective Date”).

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

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Tree Pruning And Removal Services on the 10th day of October 2023 (the “Original Agreement”), and
WHEREAS, CITY and CONTRACTOR previously approved the First Amendment to the Original Agreement on the 3rd day of June 2025, and WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $960,000.

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

1. Section 1, “SCOPE OF WORK”, subsection “f”, 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, estimated amount of $887,000 annually, for a total amount not to exceed $4,435,000 over five (5) years.” #6..
- 79 -

2. Except as modified and amended by this Second 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 Second Amendment by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-_____ on the _______ day of ______________, 2025, and GREENTEK SERVICES, LLC has caused this Second Amendment to be duly executed as of the Effective Date.
#6..
- 80 -

SECOND AMENDMENT TO ANNUAL AGREEMENT
WITH RUMBLE TREE, INC. FOR TREE PRUNING AND REMOVAL SERVICES This Second Amendment to the Annual Agreement for Tree Pruning and Removal Services (“Second Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and RUMBLE TREE, INC., a California corporation (hereinafter “CONTRACTOR”) as of _________________, 2025 (the “Effective Date”).

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

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Tree Pruning And Removal Services on the 10th day of October 2023 (the “Original Agreement”), WHEREAS, CITY and CONTRACTOR previously approved the First Amendment to the Original Agreement on the 3rd day of June 2025, and WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $690,000.

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

1. Section 1, “SCOPE OF WORK”, subsection “f”, of the Original Agreement shall be replaced in its entirety with the following:
“CONTRACTOR shall furnish said services at the following agreement rates, estimated annual amount of $720,870 for a total amount not to exceed $3,604,350 over five (5) years.” #6..
- 81 -

2. Except as modified and amended by this Second 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 Second Amendment by its City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-_______ on the _________ day of _______________, 2025, and RUMBLE TREE, INC. has caused this Second Amendment to be duly executed as of the Effective Date.
#6..
- 82 -

FIRST AMENDMENT TO ANNUAL AGREEMENT

WITH GREENTEK SERVICES, LLC FOR TREE PRUNING AND REMOVAL

SERVICES
This First Amendment to the Annual Agreement for Tree Pruning And Removal Services First is entered into between the CITY OF MODESTO, a municipal

CITY GREENTEK SERVICES,
LLC, a California corporation 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 Tree Pruning And Removal Services on the 10th day of October 2023 O WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase compensation by $300,000.

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. Section 1, , subsection , of the Original Agreement
shall be deleted in its entirety and replaced with the following:
agreement rates, estimated amount
of $695,000 annually, for a total amount not to exceed $3,4

2. 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. #6..
- 83 -
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 GREENTEK SERVICES, LLC has caused this First Amendment to be duly executed as of the Effective Date.
#6..
- 84 -

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 # ___________
#6..
- 85 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 3, 2025
Date: April 30, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: First Amendment Tree Pruning and Removal Services Contract CONTACT: Mike Johnson, Forestry Manager, [email protected], 209-342-4566 DESCRIPTION:

Consider approving the First Amendment with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services for a total amount between both agreements combined not to exceed $6,389,350 over five years. (Funding Source: Measure H Fund)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life, partners across the community to ensure the safety, resilience, and attractiveness of through beautification efforts and by investing in community assets and amenit and Governance and Service Delivery
community and the City.

BACKGROUND:

In recent years,
these services raises safety concerns as there is a significant backlog of trees that need to be trimmed or removed (well over 20,000) and stumps that need to be ground (at least 3,000).

On June 6, 2023, by Resolution 2023-266, Council approved the Fiscal Year (FY) 2023-2024 budget, which included $1,550,000 of Measure H funding for tree maintenance. This much needed funding and the significant demand for tree pruning and removal services created the need for new agreements with multiple professional service providers. This will enable the City to better manage trees and catch up on the significant backlog of tree related citizen requests, increase efficiency in response to weather related damage, reduce the risks of vegetation fires and increase public safety throughout the City.
#6..
- 86 -
City Council Meeting, June 3, 2025
First Amendment Tree Pruning and Removal Services Contract

On October 10, 2023, by Resolution 2023-455, Council approved the Agreements for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA in a total amount between all Agreements combined not to exceed $10,320,000 over five years.

On June 4, 2024, by Resolution 2024-190, Council approved the FY 2024-25 budget, which included an adjustment request for Measure H funding in an amount of $550,000 in additional funding for outside contractors (Pruning, Removal, and Stump Grinding) allocated to Greentek Services, LLC and Rumble Tree, Inc., and an adjustment request for Measure H funding in the amount of $1,094,350 for reforestation of City trees, allocated to Rumble Tree Service. Over the next five years Rumble Tree will assist in replanting trees at "open locations" while also conducting tree and stump removal operations in other areas identified. Breaking this down over a five-year span would average 230 new trees planted each year in identified areas.

DISCUSSION:

These agreements will continue to assist the Forestry Division in catching up with deferred tree maintenance that has built up over the past decade providing for a safer environment and healthier urban forest for the citizens of Modesto. Many trees in Mod experiencing limb and tree failure due to extended pruning cycles, defects within the trees, storms, drought, vandalism, disease, and lack of young tree training. These agreements will directly impact the trees throughout the City, improving the health and safety for residents and visitors alike.

With aging trees and challenges of keeping up with the backlog, there has been an increase of service requests. In addition to aging trees, the size and geographic location of some of the trees, state mandated maintenance, and occupant requests, have magnified the need to apply more regularly scheduled maintenance. Staff is requesting additional funding to the current agreements to provide services for those requests.

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- ger, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services City has determined that an increase in Agreement funding is required to ensure adequate funding allowance to cover the increased demand for services.

FISCAL IMPACT:

The proposed increase of $1,844,350 is due in part of overspending caused by an unexpected increase in maintenance needs and to ensure sufficient funds are budgeted in FY 2024-25 to cover the cost for this amendment. The two increased agreements will have a combined estimated annual amount of $1,277,870, resulting in a combined estimated five-year not to exceed total of $6,389,350. Funding for the agreements is budgeted as outlined below:

Tree Pruning and Removal Services Greentek Services, LLC Maintenance funding is budgeted in the Measure H fund, tree maintenance services will be procured, as needed.
#6..
- 87 -
City Council Meeting, June 3, 2025
First Amendment Tree Pruning and Removal Services Contract

FUND TOTAL
0160 Measure H Public Works
(Cost Center: 56041)
$695,000
ESTIMATED ANNUAL AMOUNT $695,000
FIVE YEAR TOTAL NOT TO EXCEED $3,475,000
Tree Removal and Stump Grinding Services - Rumble Tree, Inc.

Maintenance funding is budgeted in the Measure H fund and Public Works cost centers, tree maintenance services will be procured, as needed.

FUND TOTAL
0160 Measure H Public Works
(Cost Center: 56041)
$382,870
4100 Water Fund
(Cost Center: 45050)
$100,000
4210 Wastewater Fund
(Cost Centers: 44313, 44211)
$100,000
ESTIMATED ANNUAL AMOUNT $582,870
FIVE YEAR TOTAL NOT TO EXCEED $2,914,350

COMMITTEE RECOMMENDATION
This item was considered by the Finance Committee at the meeting held on April 21, 2025, where it was recommended that it be forwarded to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendments with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 to a new total amount of $3,475,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services increasing the Agreement amount by $1,594,350 for a new total of $2,914,350 for a total amount between both agreements combined not to exceed $6,389,350 over five years for both Agreements and authorizing the City Manager, or his designee, to execute the Amendments. #6..
- 88 -
City Council Meeting, June 3, 2025
First Amendment Tree Pruning and Removal Services Contract

Approved by:

Bill Sandhu, Director of Public Works

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Greentek Services First Amendment

3. Rumble Tree First Amendment

4. Greentek Services Original Agreement

5. Rumble Tree - Original Agreement
#6..
- 89 -
#6..
- 90 -
#6..
- 91 -
#6..
- 92 -
#6..
- 93 -
#6..
- 94 -
#6..
- 95 -
#6..
- 96 -
#6..
- 97 -
#6..
- 98 -
#6..
- 99 -
#6..
- 100 -
#6..
- 101 -
#6..
- 102 -
#6..
- 103 -
#6..
- 104 -
1 ANNUAL AGREEMENT

GREENTEK SERVICES, LLC

FOR TREE PRUNING AND REMOVAL SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Greentek Services, LLC, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-___ authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached he ereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit B strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $635,000 annually and a total amount not to exceed $3,175,000 over five (5) years. #6..
- 105 -
2 AGREEMENT PRICING

ITEM DESCRIPTION
UNIT
OF
ISSUE
Payment of
Prevailing Wages
Required

UNIT PRICE
1 Program Pruning up to 6 d.b.h. EACH $78.81
2 Program Pruning 7 - 12 d.b.h. EACH $90.07
3 Program Pruning 13 - 24 d.b.h. EACH $143.30
4 Program Pruning 25 - 36 d.b.h. EACH $175.14
5 Program Pruning 37 - 48 d.b.h. EACH $350.29
6 Program Pruning - 49 + d.b.h. EACH $450.37
7 Tree Removal up to 6 d.b.h. EACH $131.36
8 Tree Removal 7 - 12 d.b.h. EACH $210.17
9 Tree Removal 13 - 24 d.b.h. EACH $623.83
10 Tree Removal 25 - 36 d.b.h. EACH $1,039.72
11 Tree Removal 37 - 48 d.b.h. EACH $3,119.17
12 Tree Removal - 49 + d.b.h. EACH $6,238.34
13 Stump Grinding up to 6 d.b.h. EACH $446.64
14 Stump Grinding 7 - 12 d.b.h. EACH $446.64
15 Stump Grinding 13 - 24 d.b.h. EACH $803.95
16 Stump Grinding 25 - 36 d.b.h. EACH $1,339.91
17 Stump Grinding 37 - 48 d.b.h. EACH $2,009.87
18 Stump Grinding - 49 + d.b.h. EACH $4,019.74

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in #6..
- 106 -
3 the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit ction 1770 et. seq. and in the IFB.

DIR Project ID#: 488386

3. CITY REPRESENTATIVE:

City Representative: Bill Sandhu, Public Works Director (209) 341-2934 The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: October 16, 2023 through October 15, 2024
Year 2: October 16, 2024 through October 15, 2025
Year 3: October 16, 2025 through October 15, 2026
Year 4: October 16, 2026 through October 15, 2027
Year 5: October 16, 2027 through October 15, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

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

5. LIABILITY INSURANCE:
#6..
- 107 -
4 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, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by 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 and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR and subcontractors; products and completed operations.
b) Automobile Liability insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to 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 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 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 Risk Manager. #6..
- 108 -
5 For any claims related to this project, the S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the P insurance and shall not contribute with it.

6. PAYMENT:

CONTRACTOR shall invoice CITY at a minimum of a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document. 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:

Reference Annual Agreement #: 256989 CITY department/division name and address Billing period
Service hours worked day and week
Service Location
Unit price, extended price, sales tax and total
Details of specific tasks completed at each location

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, #6..
- 109 -
6 officials, officers, employees, or volunteers relating to or during the performance of its obligations under this agreement.

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

8. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proof of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:
#6..
- 110 -
7 Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this agreement or materially breach any of its provisions, at its option, CITY may terminate this agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.

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

The CITY shall provide no less than ten (10) calendar day written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

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 subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and #6..
- 111 -
8 material as may have been accumulated by the CONTRACTOR in performing the work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTR services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under 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 work such as subcontractor agreements or contracts for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days after
receipt of written notification from CITY of termination of the agreement. In the event that termination of this agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay #6..
- 112 -
9 claims or any other claims for delay shall be retroactive to the date of termination selected by the City Manager or his/her designee.

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2023-_______;
b. Bid Submittal;
c. IFB 2324-13
d. Insurance Certificates,
e. Business License
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: Melissa Huizinga
Vice President
10288 Crescenzi Place
Smartsville, CA 95977
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
#6..
- 113 -
10 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary fr controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. 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 all the parties.

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
#6..
- 114 -
11 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. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this agreement to be duly executed. #6..
- 115 -
#6..
- 116 -
#6..
- 117 -
#6..
- 118 -
#6..
- 119 -
#6..
- 120 -
#6..
- 121 -
#6..
- 122 -
#6..
- 123 -
#6..
- 124 -
#6..
- 125 -
#6..
- 126 -
#6..
- 127 -
#6..
- 128 -
#6..
- 129 -
#6..
- 130 -
#6..
- 131 -
#6..
- 132 -
#6..
- 133 -
#6..
- 134 -
#6..
- 135 -
#6..
- 136 -
#6..
- 137 -
#6..
- 138 -
#6..
- 139 -
#6..
- 140 -
#6..
- 141 -
#6..
- 142 -
1 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13
FOR

TREE PRUNING AND REMOVAL SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: AUGUST 15, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Nathan Houx, PPD Manager
E-MAIL ADDRESS: [email protected]
PHONE: (209) 571-5526
#6..
- 143 -
2 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TABLE OF CONTENTS
Page
. Notice to Bidders ................................................................................................................ 4 . City Contacts ....................................................................................................................... 5 . Calendar of Events .............................................................................................................. 5 . California Labor Code ........................................................................................................ 5 . Offer and Acceptance ......................................................................................................... 5 . Bid Opening ........................................................................................................................ 6 . Submittal Checklist ............................................................................................................. 7 FORMS
. Bid Acknowledgement (Signature Form) ........................................................................ 8 . Pricing Schedule (Signature Form) ............................................................................ 9-10 . Bid Forms .................................................................................................................... 11-20 . Exceptions, Clarifications, Amendments (if applicable) .................................................. 21 . References ................................................................................................................... 22-23 . Financial Interest Disclosure (Signature Form) ...................................................... 24-26 . Support of Local Vendors (if applicable) ......................................................................... 27 . Company History Statement ............................................................................................ 28 . Addenda Acknowledgement Page (if applicable) ........................................................... 29

TECHNICAL REQUIREMENTS
. Scope of Work .................................................................................................................. 30 . General Specifications ................................................................................................ 30-34 . Contractor Responsibilities ......................................................................................... 34-37 . City Responsibilities ......................................................................................................... 37 . Reports ........................................................................................................................ 37-38 . Work Schedule .................................................................................................................. 38 . City Representative ........................................................................................................... 38 . California Labor Code Section 1771.1(a) ......................................................................... 38 . Required Licenses ............................................................................................................. 38 . Insurance ........................................................................................................................... 39

GENERAL REQUIREMENTS
. Bid Submittal .................................................................................................................... 40 . Acceptance/Rejection of Irregular Bids ........................................................................... 40 . Complete Bid Document .................................................................................................. 40 . Bid Presentation ................................................................................................................ 41 . Compliance/Non-Compliance .......................................................................................... 41 . Prevailing Wages .............................................................................................................. 41 . Pricing Format................................................................................................................... 41 . Pricing Schedule ............................................................................................................... 41 . Award of Bid ..................................................................................................................... 42 . Inspection and Acceptance ............................................................................................... 42 . Support of Local Vendors ................................................................................................. 42 . Term of Agreement ........................................................................................................... 42 . Termination of Services .................................................................................................... 43 #6..
- 144 -
3 . Quantities ..........................................................................................................................43 . Funding ............................................................................................................................. 43 . Other Government/Publicly Funded Agencies ................................................................. 43 . Non-Discrimination .......................................................................................................... 43 . Non-Discrimination of the Handicapped .......................................................................... 44 . Drug Free Workplace ........................................................................................................ 44 . Indemnity .......................................................................................................................... 44 . Assignment of Rights ........................................................................................................ 44 . City Process/Procedure Approvals ................................................................................... 44 . Bidder/Seller Representation ...................................................................................... 44-45 . Failure to Perform Satisfactory ......................................................................................... 45 . Contractor s Responsibility for Damages ......................................................................... 45 . Protest and Appeal Procedures ................................................................................... 45-49 . Payment ............................................................................................................................. 49 . Sample Annual Agreement ........................................................................................ 49-59 #6..
- 145 -
4 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the Ci office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of Tree Pruning and Removal Services for the City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bidders are highly recommended to download all documents
http://www.modestogov.com/257/Contracting-Bid-Opportunities; such bids shall include all necessary specifications.
95354 prior to Tuesday, August 15, 2023 at 11:00 A.M., at which time bids will be opened, read and recorded.

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 time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

The City of Modesto assumes no responsibility for delay in the delivery of the bid.

On the outside of the bid envelope and courier envelope, if any, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
BID NUMBER 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING DATE: AUGUST 15, 2023 AT 11:00 A.M.

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

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

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #6..
- 146 -
5 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Nathan Houx, PPD Manager, via email at: [email protected] All contact during the bid process shall be through the above-mentioned city contact. Attempts by the bidder to contact other city representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued July 21, 2023
Written Questions Due August 3, 2023
Addendum Issued (if required) August 8, 2023 (approximate date) Bid Opening PRIOR to 11:00 A.M. on Tuesday, August 15, 2023 Bid Award Approximately October 2023
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

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

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City agreements signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions. #6..
- 147 -
6 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING:

The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, August 15, 2023. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, August 15, 2023. The public bid opening for IFB 2324-13, Tree Pruning and Removal Services , will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated IFB you acknowledge, understand, and agree to this modified bid opening procedure.

URL:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?con text=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Meeting number: 961 656 049#
OR
JOIN BY PHONE:
+1 469-998-7409 United States Toll
Access code: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Nathan Houx, by email at [email protected] or telephone at (209)571-5526.
#6..
- 148 -
7 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

The bid forms are broken into sections to allow for a contractor to be considered for either a Small annual contract ($200,000 or less annually) or Large annual contract (more than $500,000 annually). The bid forms are also formatted so that a contractor can bid tree pruning and removal services for either Street Trees (Public Works Department) and/or Parks Trees (Parks, Recreation and Neighborhoods Department (PRND)).

SMALL ANNUAL CONRACT BID SHALL INCLUDE: Page No.

Bid Acknowledgement (Signature Form) ........................................................................ 8 Pricing Schedule (Signature Form) ............................................................................. 9-10 Bid Form ...................................................................................................................... 11-15 Exceptions, Clarifications, Amendments (if applicable) ................................................. 21 References.................................................................................................................... 22-23 Financial Interest Disclosure (Signature Form) ....................................................... 24-26 Support of Local Vendors (if applicable) ......................................................................... 27 Company History Statement ........................................................................................... 28 Addenda Acknowledgement Page (if applicable) ........................................................... 29 LARGE ANNUAL CONRACT BID SHALL INCLUDE: Page No.

Bid Acknowledgement (Signature Form) ........................................................................ 8 Pricing Schedule (Signature Form) ............................................................................. 9-10 Bid Form ...................................................................................................................... 16-20 Exceptions, Clarifications, Amendments (if applicable) ................................................. 21 References.................................................................................................................... 22-23 Financial Interest Disclosure (Signature Form) ....................................................... 24-26 Support of Local Vendors (if applicable) ......................................................................... 27 Company History Statement ........................................................................................... 28 Addenda Acknowledgement Page (if applicable) ........................................................... 29 #6..
- 149 -
8 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES BID ACKNOWLEDGEMENT
The City is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response.

Obligations assumed by such signature must be fulfilled.

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 Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies 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 at any time within thirty (30) days of opening, unless otherwise specified in the IFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

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

7. Rights and Remedies of Agencies 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 so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor 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 Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the IFB, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the C eck.

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

11. Two d Original Bid Document Requested: Failure to furnish at least disqualification.

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 below, in accordance with the specifications, terms and conditions of this IFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
#6..
- 150 -
9 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

PRICING SCHEDULE
All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendme
page 21.
on the bid forms are provided as an example of services to be requested for bidding purposes only and does not guarantee a quantity of services to be paid. During the agreement period, at any time, the City reserves the right to increase or decrease the quantity of specific services paid at its discretion.

ESTIMATED 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. ** The bid forms are broken into sections to allow for a contractor to be considered for either a small annual contract or large annual contract. Contractors should fill out the corresponding sections depending on what scope of work they would like to be considered for. The City reserves the right to award individual sections to different contractors or to award the full scope of work to one contractor. Award of contract will be based on the lowest price for the type/estimated quantity of services being bid.

Following is a summary of each Section of the bid:

SMALL ANNUAL CONTRACTS ($200,000 or Less Annually)
Contractors that want to be considered for a small annual contract should complete Section 1 and/or 2 Bid Forms.

SECTION 1 PUBLIC WORKS CITY STREET TREES SMALL CONTRACT BID FORM SECTION 2 PRND PARK TREES SMALL CONTRACT BID FORM
LARGE ANNUAL CONTRACTS (More than $500,000 Annually)
Contractors that want to be considered for a large annual contract should complete Section 3 and/or 4 Bid Forms.

SECTION 3 PUBLIC WORKS CITY STREET TREES LARGE CONTRACT BID FORM SECTION 4 PRND PARK TREES LARGE CONTRACT BID FORM
#6..
- 151 -
10 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

PRICING SCHEDULE
City Business/Delivery License No. __________ Expiration Date: __________ DIR Registration No. _______________________________ Expiration Date:

Contractor License No. __________ Expiration Date: __________ Contractor shall have at a mini -61/D-49, or C-27
Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED FOR ALL SERVICES.

A City Business License is not required at the time of the bid, however, please note the Business License No. if bidder should already have one. (See Section 1.12 for further details) Does bidd -pay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.25 Payment.

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 below, in accordance with the specifications, terms and conditions of this IFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Company Name (Bidder):

By (Person Submitting Bid): (Print)
By (Person Submitting Bid): (Signature)
Title of Person Submitting Bid:

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
#6..
- 152 -
11 SECTION 1 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For

PUBLIC WORKS CITY STREET TREES
#6..
- 153 -
12 SECTION 1

PUBLIC WORKS CITY STREET TREES - SMALL ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees Small Contract
101 Program Pruning 20 EACH $________ $________________ 102 Program Pruning 165 EACH $________ $________________ 103 Program Pruning 210 EACH $________ $________________ 104 Program Pruning 165 EACH $________ $________________ 105 Program Pruning 100 EACH $________ $________________ 106 Program Pruning + d.b.h. 15 EACH $________ $________________ Subtotal $________________
Tree Removal for City Street Trees Small Contract
107 Tree Removal up to 2 EACH $________ $________________ 108 Tree Removal 2 EACH $________ $________________
109 Tree Removal .h. 5 EACH $________ $________________ 110 Tree Removal 5 EACH $________ $________________
111 Tree Removal 2 EACH $________ $________________
112 Tree Removal 2 EACH $________ $________________
Subtotal $________________
Stump Grinding for City Street Trees Small Contract
113 Stump Grinding 2 EACH $________ $________________
114 Stump Grinding 2 EACH $________ $________________
115 Stump Grinding 5 EACH $________ $________________
116 Stump Grinding h. 5 EACH $________ $________________ 117 Stump Grinding 5 EACH $________ $________________
118 Stump Grinding 2 EACH $________ $________________
Subtotal $________________
Total Section 1 $________________
#6..
- 154 -
13 SECTION 2 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
#6..
- 155 -
14 SECTION 2

PRND PARKS TREES - SMALL ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees Small Contract
201 Demand Pruning 1 EACH $________ $________________
202 Demand Pruning d.b.h. 1 EACH $________ $________________ 203 Demand Pruning 5 EACH $________ $________________
204 Demand Pruning 5 EACH $________ $________________
205 Demand Pruning 3 1 EACH $________ $________________ 206 Demand Pruning 1 EACH $________ $________________
Subtotal $________________
Program Pruning for Parks Trees Small Contract
207 Program Pruning 25 EACH $________ $________________ 208 Program Pruning 50 EACH $________ $________________ 209 Program Pruning 140 EACH $________ $________________ 210 Program Pruning 140 EACH $________ $________________ 211 Program Pruning 80 EACH $________ $________________ 212 Program Pruning + d.b.h. 25 EACH $________ $________________ Subtotal $________________
Tree Removal for Parks Trees Small Contract
213 Tree Removal up to 2 EACH $________ $________________ 214 Tree Removal 2 EACH $________ $________________
215 Tree Removal .h. 5 EACH $________ $________________ 216 Tree Removal 5 EACH $________ $________________
217 Tree Removal 2 EACH $________ $________________
218 Tree Removal d.b.h. 2 EACH $________ $________________ Subtotal $________________
#6..
- 156 -
15 SECTION 2 (CONTINUED)

PRND PARKS TREES SMALL ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees Small Contract
219 Stump Grinding 2 EACH $________ $________________
220 Stump Grinding 2 EACH $________ $________________
221 Stump Grinding 10 EACH $________ $________________
222 Stump Grinding h. 10 EACH $________ $________________ 223 Stump Grinding 5 EACH $________ $________________
224 Stump Grinding 2 EACH $________ $________________
Subtotal $________________
Miscellaneous Services for Parks Trees Small Contract
225 Root Pruning 25 LF $________ $________________
226 Root Barrier Installation 25 LF $________ $________________ 227 Tree Planting 15 Gallon 25 EACH $________ $________________ Subtotal $________________
Total Section 2 $________________
#6..
- 157 -
16 SECTION 3 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For

PUBLIC WORKS CITY STREET TREES
#6..
- 158 -
17 SECTION 3

PUBLIC WORKS CITY STREET TREES - LARGE ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees Large Contract
301 Program Pruning 75 EACH $________ $________________ 302 Program Pruning 725 EACH $________ $________________ 303 Program Pruning 875 EACH $________ $________________ 304 Program Pruning h. 725 EACH $________ $________________ 305 Program Pruning 400 EACH $________ $________________ 306 Program Pruning d.b.h. 50 EACH $________ $________________ Tree Removal for City Street Trees Large Contract
307 Tree Removal up to 5 EACH $________ $________________ 308 Tree Removal 15 EACH $________ $________________
309 Tree Removal .h. 30 EACH $________ $________________ 310 Tree Removal 30 EACH $________ $________________
311 Tree Removal 15 EACH $________ $________________
312 Tree Removal 5 EACH $________ $________________
Subtotal $________________
Stump Grinding for City Street Trees Large Contract
313 Stump Grinding 5 EACH $________ $________________
314 Stump Grinding 15 EACH $________ $________________
315 Stump Grinding 30 EACH $________ $________________
316 Stump Grinding h. 30 EACH $________ $________________ 317 Stump Grinding 15 EACH $________ $________________
318 Stump Grinding 5 EACH $________ $________________
Subtotal $________________
Total Section 3 $________________
#6..
- 159 -
18 SECTION 4 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
#6..
- 160 -
19 SECTION 4

PRND PARKS TREES - LARGE ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees Large Contract
401 Demand Pruning 3 EACH $________ $________________
402 Demand Pruning 5 EACH $________ $________________
403 Demand Pruning 10 EACH $________ $________________
404 Demand Pruning 10 EACH $________ $________________
405 Demand Pruning 3 48 5 EACH $________ $________________ 406 Demand Pruning 3 EACH $________ $________________
Subtotal $________________
Program Pruning for Parks Trees Large Contract
407 Program Pruning 100 EACH $________ $________________ 408 Program Pruning 200 EACH $________ $________________ 409 Program Pruning 550 EACH $________ $________________ 410 Program Pruning 550 EACH $________ $________________ 411 Program Pruning 300 EACH $________ $________________ 412 Program Pruning 100 EACH $________ $________________ Subtotal $________________ Tree Removal for Parks Trees Large Contract 413 Tree Removal up d.b.h. 5 EACH $________ $________________ 414 Tree Removal 10 EACH $________ $________________
415 Tree Removal 20 EACH $________ $________________
416 Tree Removal 20 EACH $________ $________________
417 Tree Removal 10 EACH $________ $________________
418 Tree Removal 5 EACH $________ $________________ Subtotal $________________ #6..
- 161 -
20 SECTION 4 (CONTINUED)

PRND PARKS TREES - LARGE ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees Large Contract
419 Stump Grinding 5 EACH $________ $________________
420 Stump Grinding .h. 10 EACH $________ $________________ 421 Stump Grinding 30 EACH $________ $________________
422 Stump Grinding 25 30 EACH $________ $________________ 423 Stump Grinding 15 EACH $________ $________________
424 Stump Grinding 10 EACH $________ $________________
Subtotal $________________
Miscellaneous Services for Parks Trees Large Contract
425 Root Pruning 100 LF $________ $________________
426 Root Barrier Installation 100 LF $________ $________________ 427 Tree Planting 15 Gallon 100 EACH $________ $________________ Subtotal $________________
Total Section 4 $________________
#6..
- 162 -
21 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List Invitations for bid clarifications and exceptions below, if any, sign and submit with your bid response.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
#6..
- 163 -
22 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

REFERENCES
All Bidders must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with similar type of services requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all o
performance record on work and equipment similar to that described in this bid. The City reserves the right to contact references other than those provided in the response 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:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
#6..
- 164 -
23 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

REFERENCES - CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
#6..
- 165 -
24 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM 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 Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
#6..
- 166 -
25 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

Tests of Materiality:

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

2. Whether it is foreseeable to a reasonable perso e
applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

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 agreement or application or development rights 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.

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

COMPANY NAME: ____________________________________________________

__________________________________
__________________________________
APPLIC
__________________________________ DATE: ____________________________ Applicable Names: (if any, use following page)
#6..
- 167 -
26 Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:
#6..
- 168 -
27 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
Of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote 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 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 or quote of the lowest bidder in writing within five (5) 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.

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.

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
#6..
- 169 -
28 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the IFB submittal date) providing the types of services requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #6..
- 170 -
29 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the IFB listing on the City Planet-Bid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this Invitation for bid and specifications. The addenda now become a part of this Invitation for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this Invitation for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
#6..
- 171 -
30 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments are seeking a qualified contractor(s) for the furnishing of Tree Pruning and Removal Services for various locations throughout the City of Modesto on a regular basis throughout the year.

The successful contractor(s) shall submit pricing for tree pruning, tree removal, stump grinding and other services with reasonable access to conduct work. Shall access be determined by the City to be limited in certain locations, alternative accommodations will be provided. Pricing shall include all labor, materials, equipment, tools, fuel, and insurance necessary to do the work listed.

The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with acceptable arboricultural and safety practices as established by the most current editions of the American National Standard Institute (ANSI) A300, American National Standard Institute (ANSI) Z133.1, Best Management Practices: Tree Pruning, Edward F. Gilman and Sharon J. Lilly and Arboriculture: Integrated Management of Landscape Trees, Shrubs and Vines, Richard W.

Harris, James R. Clark and Nelda P. Matheny, and Cal/OSHA standards for tree maintenance activities. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with this IFB. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner.

1.2 GENERAL SPECIFICATIONS:

TREE PRUNING REQUIREMENTS:

All work shall be done per the International Society of Arboriculture (ISA) tree protection and pruning requirements. https://www.isa-arbor.com/ Pruning will include structural pruning, crown raising, mistletoe removal and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

Pruning objectives include the following:

Improve structural strength and reduce failure potential Provide clearance for pedestrians, vehicles, structures and overhead utilities Improve safety and security for residents and visitors by providing clearance pruning as outline below Repair structural damage from wind loading
Improve aesthetic characteristics
Reduce maintenance costs
Remove diseased, broken, dying, or dead branches, including the removal of Mistletoe Prevent or mitigate a pest problem
#6..
- 172 -
31 Additionally, IN PARKS ONLY, the contractor shall provide crown thinning when necessary to ensure dappled light penetration through the tree canopy.

Clearance pruning shall be defined as to provide the following distances:

Roadway- vertically from road surfaces
Sidewalk/Park- not less than 10 vertically from sidewalk or park surfaces Building/Park Elements- not le or horizontal surfaces of building/park elements (such as play equipment, restrooms, basketball hoops, baseball backstops, etc) Lights- not less vertically and horizontally from lights.

Utility and telecom drop lines- not
vascular tree growth onto wires.

Tree pruning consists of reducing the overall foliage and their branches by no more than 30% of the total tree canopy to meet the pruning objectives outlined above
pruning which permits the preservation of a natural appearing foliage margin and retains the character of the tree. At no time shall the leader of any tree be pruned or removed. Safety Pruning shall include the removal of all dead branches over 2 inches in diameter, the removal of broken branches and the removal of over-burdened or conflicting bran
Cutting tools and saws shall be kept sharpened to a condition that will permit leaving an unabraised cambium edge on final cuts and bark tracings and shall be regularly cleaned to discourage the spread of disease from tree to tree.

Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during trimming operations shall be s designated representative for determination of action as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks.

Limbs one inch eter or greater shall be removed with a series of three (compound) cuts. Make the firs m the branch junction. The undercut
should be at least one- the diameter. Make the second cut one inch from the branch junction than the first. Make the final cut just outside the branch collar in a manner that will stimulate rapid callus growth that will cover the wound.

Removal of branches three and onerequire prior approval by the City Representative and once cut, shall be lowered by proper ropes to the ground.

Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City Representative. All debris resulting from tree pruning operations shall be removed from the work site daily.

All visible mistletoe plants of two leaves or more shall be abated from all species in which it is found utilizing specified acceptable arboricultural and safety practices. The following City of Modesto abatement methods shall be employed in relationship to species and branch size; Ash- limbs with a diameter greater than two inches of the mistletoe; All other species
limbs with a diameter greater than two inc ave the mistletoe cut off flush with the outer bark with no injury to the bark. Wounding of trees during the abatement process that is unreasonable is prohibited. Such actions will result in the Contractor(s) making monetary restitution to the City for damages. Upon inspection of #6..
- 173 -
32 completed mistletoe abatement work, the contractor(s), at no additional cost to the City, shall abate any plants found in trees that exceed the abatement specifications.

Contractor shall include the cost of mobilization, tree pruning, wood debris chipping, cleanup, organic waste removal and disposal, access control, mistletoe abatement, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices for Tree Pruning and will be paid per tree pruned at the unit prices bid. Contractor shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree.

In the case of a multi-trunk specimen the communitive diameter of all trunks at d.b.h. should be used.

A. Demand Pruning: Demand Pruning consists of pruning less than five (5) trees located in close proximity, at the same address or at nearby street addresses. Full compensation for conforming to the requirements of this IFB shall be considered as included in Demand Pruning and no separate payment may be made thereof.

B. Program Pruning: Program Pruning consists of pruning five (5) or more trees located in close proximity, at the same address or at nearby street addresses. The term is used to reflect an economy of scale when pruning Trees in one location and shall be reflective with bid pricing reduced from the Demand Pruning bid price. Full compensation for conforming to the requirements of this IFB shall be considered as included in Program Pruning and no separate payment may be made thereof.

TREE/STUMP REMOVAL REQUIREMENTS:

Locations of trees or vegetation to remain shall be marked on-site or identified in writing by City Representative.

C. Tree Removal: Contractor to completely remove and legally dispose of trees off-site and shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree. In the case of a multitrunk specimen the communitive diameter of all trunks at d.b.h. should be used. The Contractor shall cut tree stumps within 6 , unless otherwise directed. Full compensation for price to be paid per each tree removed. Contractor shall include the cost of mobilization, tree removal, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

D. Tree Stump Grinding: The Contractor shall grind an existing tree stump me existing grade
below grade f The Contractor shall backfill with soil or chipping materials to completely fill the void and make flush with surrounding grade. Stump shall be ground to below grade, and work shall include site material clean-up and debris haul-off. Prior to stump grinding, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the stump grinding. Full compensation for price to be paid per each stump ground based on the diameter at breast height (d.b.h.) of the tree. Contractor shall include the cost of mobilization, stump grinding, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

MISCELLANEOUS SERVICES:

E. Root Pruning: The Contractor to complete root pruning as requested by the City. The City shall mark the location of the required root pruning. The Contractor shall dig to locate the roots, prune the roots #6..
- 174 -
33 and backfill the area. Finally, contractor shall clean up and property disposal of all debris created during the root pruning, immediately following the completion of work. Prior to root pruning, contractor shall call for an Underground Service Alert (USA) alert to ensure all underground utilities are identified and avoided during the process of completing the root pruning. Full compensation for price to be paid per each lineal foot of root pruning. Contractor shall include the cost of mobilization, digging, root pruning, cleanup, organic waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

F. Root Barrier Installation: Tree root barriers shall be manufactured of extruded recycled polyethylene.

Panels shall measure twenty-four in - mean thickness of 0.08 inch. Each panel shall have not less than four (4) raised ribs protruding half an f. Each panel shall have an
integral male/female sliding lock, the male down the length of one side and the female down the length of the other side.

Root barriers shall be placed at the edge of hardscape and shall consist of the number of panels necessary to install root barrier as directed by City Representative. The City shall mark the location of the required root barrier. The Contractor shall trench the location of the root barrier, install the root barrier and backfill behind the root barrier. Finally, contractor shall clean up and property disposal of all debris created during the root barrier installation, immediately following the installation of the barrier.

Prior to root barrier installation, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the root barrier installation. Full compensation for price to be paid per each lineal foot of root barrier installation. Contractor shall include the cost of mobilization, digging, root barrier installation, cleanup, waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

G. Tree Planting 15 Gallon: The Contractor shall provide and install a 15-gallon tree of a variety selected by the City per City Standard Detail #1200 and as outline below. Install healthy, shapely, and well rooted trees. Trees shall be undamaged, vigorous and of normal habit of growth and shall be free of wilted leaves, girdling roots, sunscald, abrasions, disease, insects, insect eggs and larvae. Trees shall equal or exceed the standards as outlined by the American Standards for Nursery Stock and to applicable California Agricultural Codes. All trees shall be delivered bearing nursery label with botanical, common names, including cultivars in accordance with the standard practice recommended by the American Association of Nurserymen. Select straight trunks (minimum 1 Caliper measured at 6 from tree base) with the leader intact, undamaged, and uncut with all old abrasions and cuts completely callused over. Do not prune trees prior to delivery.

All nursery stock shall be approved by the City Representative, prior to planting and shall meet the California ReLeaf Guideline Specifications for Nursery Tree Quality. Tree Planting shall be performed in accordance with the ISA Best Management Practices Tree Planting, second edition.

Excavate tree planting pit to twice the width of the root ball and 8 deeper than the can. Test drainage of tree pit by filling with at least 6 of water. The retention of water in the tree pit for more than two (2) hours shall be brought to the attention of the City Representative, with proposals for correction before the planting proceeds. If rock, underground construction work, tree roots, poor drainage, or other obstructions are encountered in the excavation of plant pits, alternate locations may be selected by City. #6..
- 175 -
34 Break and loosen the sides and bottom of the pit to ensure root penetration and water test hole for drainage as required above. Backfill native soil free of soil amendments under rootball to the depth as indicated and foot tamp to prevent settlement. Trees shall be removed from their containers only at the time of placement within the prepared plant pit. Perform root pruning on all four sides of the root ball by shaving and cutting away the root ball periphery to reduce the amount of circling roots. Starting from the top and then cutting/slicing down to the bottom of the root ball. On a 15-gallon plant at least 1-1.5 inches of the root ball periphery needs to be removed by slicing or shaving. A sharp hand pruning saw needs to be used for the slicing or shaving of the root ball. This process will remove many girdling and circling roots deflected by the container wall and allows for root penetration within the planting basin.

Spread all roots to the side to allow proper root development.

After placement of tree in prepared planting pit, backfill remainder of planting pit with specified planting mix including 1/4 organic amendment and 3/4 native soil, free from rocks, clods or lumpy material, and place three (3) plant fertilizer packets 3 inches below surface of rootball and 1/2-inch from roots.

Set tree in planting pit with top of the rootball 2 above finished grade. Trees shall be set true and plumb with the top of the plant ball, as grown in the nursery can container. The Contractor shall be responsible for any settling and shall raise and replant any tree whose crown settles below the finish grade.

After initial backfill work is completed, soak soil thoroughly with use of water hose and pipe section until soil around tree is saturated to the full depth of the hole, leaving no air pockets in the soil. Add additional planting mix as needed, continue to saturate the soil until all soil is wetted and there are no air pockets in the planting pit.

Remove any soil from top of plant rootballs and secure City's approval of rootball height prior to installing the tree stakes and ties.

Where mowing will occur, provide an eighttrees and other site improvements, including other shrubs plantings. Stake tree plantings with two (2) lodgepole pine stakes and two (2) tree ties. Drive stake until solid and remove excess stake protruding above the top of the tree tie to prevent rubbing against branches.

All trees shall be supported at time of planting with:

Tree Stakes: Shall be round, treated lodgepole pine wood stakes, made from the entire bole of the tree. They shall be at least two-inch (2") in diameter, conically pointed at one (1) end, ten foot (1 chamfered at the other end.

Tree Ties: Rubber strap, 24-inch minimum length without sharp edges adjacent to trunk, V.I.T. cinch-tie, Dublin, CA, (818) 882-9530, or approved equal.

The Contractor shall include tree planting, stakes, ties and labor to complete the tree installation.

Contractor shall clean up the tree planting location, immediately following the installation of the tree.

Full compensation for price to be paid per each tree installed. Contractor shall include the cost of mobilization, digging, tree purchase and delivery, tree installation, soil preparation, tree fertilization, backfilling, tree watering, tree staking and tying, cleanup, waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price. #6..
- 176 -
35 1.3 CONTRACTOR RESPONSIBILITIES:

A. Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work.

The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

B. Project Delays: Suspension of work for any cause whatsoever shall not relieve the Contractor of their responsibility for the work or parts and materials as specified on the work request. The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship.

C. The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one-year after the acceptance of the work.

D. The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall be responsible to correct any damage done as the result of their work at The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

E. Site Inspection: Prior to all work, the Contractor shall carefully inspect the entire site and all objects required to be removed. Locate all existing active utility lines traversing the project and site; and determine the requirements for their protection.

F. Underground Service Alert: As necessary, Contractor to evaluate and obtain an Underground Service Alert prior to start of work. Call number #811.

G. Damages Resulting from Work Activity: The Contractor shall be responsible for any damage their activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the tree pruning/removal activities. Contractor shall repair any landscape, soft-scape or hard-scape area damaged during the course of the tree pruning/removal work.

Prevent movement and settlement of adjacent structures. Install temporary barriers, fences, bracing, planking, barricades, lights, warning signs and other protections required to protect structures, utilities, landscaping and other items that are to remain in place.

H. Equipment: Contractor must be experienced and certified to either own or have immediate access to equipment necessary to complete all of tree pruning/removal duties indicated.

I. Green and Organic Waste Disposal:

1. Per the State of California regulations SB1383 (https://www.calrecycle.ca.gov/climate/slcp) and AB901 (https://www.calrecycle.ca.gov/laws/rulemaking/archive/2019/ab901reporting) cities and #6..
- 177 -
36 businesses must comply with mandated organic recycling and material reporting (tonnages) requirements which establish methane emissions reduction targets both locally and statewide. To achieve those reduction targets, organics (yard waste, grass, leaves, brush, leaves, trees and tree trimmings, etc., paper waste and food scraps) must be diverted out of landfills into permitted recycling facilities. In compliance to the regulatory requirements, cities must ensure that all garbage, recycling, landfills and transfer facilities, landscape companies, material haulers, etc. are bound to the law and transfer the organic materials collected within the City of Modesto to a permitted recycling facility.

2. The Contractor shall have the option of disposing of all green waste and organic matter collected as part of this Tree Pruning and Removal Services Agreement to the City of Modesto Compost Facility located at 7001 Jennings Road, Modesto, CA 95358; contact telephone number (209) 571-5144. Should this option be chosen, the City will receive the organic materials (scale in and weigh) and report the collection tonnages to the ces and to Cal-Recycle on a quarterly and annual basis. The Contractor shall provide a record of material reporting to the City on a monthly basis.

3. The Contractor may also other methods of green waste disposal as long as it is transferred to a permitted recycling facility.

4. Whatever method the Contractor choses to dispose of green waste, the cost of all disposal shall be covered by the Contractor and included in the various unit prices on the bid form(s).

J. The Contractor shall respect the rights of property owners and not enter private property without first obtaining permission from the property owner. Some trees will be located in easements that may be difficult to access and will require the Contractor to enter private property.

K. The Contractor shall k
of work, type work conducted and any other pertinent information. Log sheets shall be submitted with each invoice.

L. Access Control: The Contractor shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. A work zone shall be established and maintained for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. The Contractor shall be responsible for maintaining access control of the work areas from the time work starts until the time the work site is returned to its pre-project condition, including cleanup.

M. Additional and Emergency Protection: Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work area, the City Representative may require immediate action taken and the placement of additional protections.

N. Access and Storage: Prior to commencement of work, the Contractor shall confer with the City for the purposes of determining the exact scope of work. At no time shall materials, soil or equipment be stored #6..
- 178 -
37 or placed within the "dripline" of existing trees to be preserved. At no time shall vehicles be parked within th served.

O. Coordination and Scheduling of Work: All work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with other work which may be taking place.

P. Cleanup: Prior to requesting a final inspection, the Contractor shall carefully clean up and remove all surplus material
shall dispose of all of the materials and debris in a proper legal manner. The work area shall be left clean and neat.

Q. Disposal of Materials: All trimmings, stumps, roots, logs, grass clipping or any other form of debris resulting from this work or any work resulting from said operation shall be cleaned up and removed from the site by the Contractor as directed by the City Representative. The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations or ordinances.

R. Chemical Spills: Should any chemical spill on the ground, the chemical and affected soil shall be removed and safely and legally disposed of. The area shall be restored to its original condition before the spill. Any damage to the vegetation resulting from misuse or accidental issue of the chemical shall be the responsibility of the Contractor to correct and make whole.

CHARACTER OF WORKERS:

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

LABOR FORCE AND SUPERVISION:

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

DELAYS BY THE CITY:

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

1.7 CITY RESPONSIBILITIES: A. The City shall provide written direction for work to be performed.

B. The City shall assist the Contractor with entering private lands, public lands or right-of-ways.

1.8 REPORTS:
#6..
- 179 -
38 Upon completion of the work, reports shall accompany the invoice, or whenever requested to by the City, the Contractor shall submit electronic copies of log sheets and reports in Excel or other acceptable database format, which show, as a minimum, the following information:

A. The report date(s)
B. Name of site work was completed
C. The date the work was completed
D. The scope of the work completed
E. Speci
F. Any reasons for not completing the work as requested

1.9 WORK SCHEDULE:

Services shall be performed Monday through Friday, between the hours from 7:00 A.M. to 5:00 P.M., excluding all major holidays. The Contractor may request alternative working days in writing for City review and consideration of acceptance, such as weekends. Service work outside of normal business hours is not required.

Unless accepted by the City in writing prior to conducting work, no additional pay will be provided for alternative working days. The City shall provide a minimum three (3) business days notice of any service work to be completed by the Contractor. Once service work is requested by the City, the Contractor shall and provide an agreeable service work timeline
within seven (7) business days. Service work requested to be completed within an agreed time between the City and Contractor prior to start of work.

No Tree Pruning/Removal shall be performed until the City Contractor for each on-call service task requested by the City.

1.10 CITY REPRESENTATIVE:

Work under any resulting agreement shall be performed under the general technical guidance and direction of the "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

1.11 CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any agreement for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the agreement is awarded.

Workers must be paid no less than the prevailing wage rate as published by the DIR, and Contractor shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.dir.ca.gov, or call the DIR, Labor Research and Statistics Unit, Prevailing Wage Unit at (415)-703-4774.

1.12 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.
#6..
- 180 -
39 If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the bid is submitted. An agreement shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this Invitation, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.

1.13 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, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.

A. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and $4,000,000 aggregate. 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.

B. Automobile Liability insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

C. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

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

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

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 Risk Manager.

For any claims related to this project, the CON ance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance #6..
- 181 -
40 maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contrac insurance and shall not contribute with it.

CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or agreement.

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:
ink) signed original bid document, plus two (2) copies
of the signed original bid document, and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST IGINAL BID DOCUMENT MAY
RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they 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.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

Please review the Sample Annual 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 services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

An agreement shall be awarded to the bidder(s) 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.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:

Bid Acknowledgement (Signature Form)
Pricing Schedule (Signature Form)
Bid Form
#6..
- 182 -
41 Exceptions, Clarifications, Amendments (if applicable) References
Financial Interest Disclosure Form (Signature Form)
Support of Local Vendors (if applicable)
Company History Statement
Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification.

2.1.3 BID PRESENTATION:

Bid submittals should be presented in the order as listed in Section 2.1.2 Complete Bid Document.

2.2 COMPLIANCE:

Bidders are required to Bid Acknowledgement and Financial Interest Disclosure Form ment, thereby acknowledging they are in full compliance with all requirements of Bid No. 2324-13, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the Contractor, except those secured by the City and so noted.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note on the Exception, Clarifications, Amendments page 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.

2.4 PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section

7.04 of the General Provisions contained within the City standards shall apply.

City Standards Website: https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120

2.5 PRICING FORMAT:

All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing.

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 Contra place of business to the job site, or from site to site, or for the

2.6 PRICING SCHEDULE:

Bidders shall use the pricing schedule(s) provided in this document to present bid pricing. No other form(s) or format shall be accepted. Bid must be submitted on the Pricing Schedule(s) provided. No alterations should be #6..
- 183 -
42 made to the pricing schedule(s). Any exceptions, amendments or adjustments should be noted on the on page 20.

2.7 AWARD OF BID:

Award shall be based on providing the lowest responsive and responsible bid(s) meeting the IFB specifications.

Agreements may be awarded to more than one company in order to provide for backup, or in case the ractor is unable to meet The City may elect to award by line item, by group, or by all items.

The City reserves the right to decline to award an 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.

T
recommendation, the City Council reserves the right to award an agreement to the bidder that best suits the ermined by the City
recommendation for award.

2.8 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

2.9 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote 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 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 or quote of the lowest bidder in writing within five (5) 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.

2.10 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 the City, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two (2) years of any agreement, which may be awarded pursuant to this IFB.

B. Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by The Contractor(s) #6..
- 184 -
43 in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.11 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the right to review
knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.13 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.

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant agreement/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.

2.15 NON-DISCRIMINATION:

A. During the performance of this agreement, The Contractor and its 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), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and 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 its 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 all subcontracts to perform work under the contract.

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 #6..
- 185 -
44 in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is following and 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.

2.17 DRUG FREE WORKPLACE:

Bidder/Contractor certifies that he/she is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded an agreement/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.

2.18 INDEMNITY:

The Contractor shall hold the city, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, 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 Contractor, or its agents, officers, employees, or volunteers relating to or during the performan defend, indemnify, and
hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for Contractor to procure and maintain a policy of insurance. In the indemnity clause contained herein Contractor agrees to defend, indemnify and hold city harmless from the negligence of its employees, among other risks. 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 re apportioned to Contractor in
accordance with the provisions contained in indemnity.

2.19 ASSIGNMENT OF RIGHTS:

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 purchase of goods, services, or materials pursuant to this agreement or any sub-agreement. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tender s final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

2.20 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.21 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:
#6..
- 186 -
45 A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.

C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.22 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in agreement price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of agreement between said CONTRACTOR and the City of Modesto. Those discrepancies and deficiencies in the work 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 work not corrected or completed.

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or private property by the Contractor or his employees or agents, the Contractor will be required to make repairs immediately. The CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.

2.24 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Cler Modesto. "Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
#6..
- 187 -
46 "Announced Decision" includes th
Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.

Procurements valued at $50,000 or less normally will not have an Announced Decision.

A. PROTEST PROCEDURES

1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Invitation for Bid (IFB)/Invitation for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

Cit
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later #6..
- 188 -
47 than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. 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 record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. 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 fifteen (15) business 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 is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
fice
Attn: City Council
#6..
- 189 -
48 PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 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 $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. 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 (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwis 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.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14. #6..
- 190 -
49 2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.25 PAYMENT:

Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.

Electronic Payment Method:

The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and counts Receivable contact by email
remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your Program.

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

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #6..
- 191 -
50 SAMPLE ANNUAL AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Contractor, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached he ereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit B strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, not to exceed $_________________ annually.
#6..
- 192 -
51 AGREEMENT PRICING

ITEM DESCRIPTION UNIT OF
ISSUE
Payment of Prevailing Wages
Required

UNIT PRICE

TO BE COMPLETED AFTER BID

SUMITTAL

2. PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contained with the City standards shall apply.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

City Representative is: Nathan Houx, Parks Planning and Development Manager (209) 571-5526 Purchasing Contact: ____________________ __________________________ The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: 2023 through 2024
Year 2: 2024 through 2025
Year 3: 2025 through 2026
Year 4: 2026 through 2027
Year 5: 2027 through 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated #6..
- 193 -
52 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:

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, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by 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 and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR and subcontractors; products and completed operations.
b) Automobile Liability insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to 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 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.
#6..
- 194 -
53 The 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 Risk Manager.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY at a minimum of a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document. 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:

Reference Annual Agreement #: _______________
CITY department/division name and address
Billing period
Service hours worked day and week
Service Location
Unit price, extended price, sales tax and total
Details of specific tasks completed at each location

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 #6..
- 195 -
54 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.

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

8. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proof of insurance (approved by Risk Management); and
Business License; and
#6..
- 196 -
55 Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

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

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

The CITY shall provide no less than ten (10) calendar day written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

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 subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; #6..
- 197 -
56 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 work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTR services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under 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 work such as subcontractor agreements or contracts for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days after
#6..
- 198 -
57 receipt of written notification from CITY of termination of the agreement. In the event that termination of this agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims or any other claims for delay shall be retroactive to the date of termination selected by the City Manager or his/her designee.

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2023-_______;
b. Bid Submittal;
c. IFB
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
#6..
- 199 -
58 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary f controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. 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 all the parties.

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
#6..
- 200 -
59 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. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 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: __________________________ By: _________________________________ DIANE NAYARES-PEREZ (Signature)
City Clerk
By: _________________________________
(SEAL) (Name & Title)

Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________ JOSEPH F. RODRIQUEZ,
Risk Manager
#6..
- 201 -

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: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
#6..
- 202 -
#6..
- 203 -
#6..
- 204 -
#6..
- 205 -
#6..
- 206 -
#6..
- 207 -
10/10/2023/PRN/NHoux/Item 14 1 2023-455

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-455

RESOLUTION APPROVING AGREEMENTS FOR TREE PRUNING AND
REMOVAL SERVICES WITH WEST COAST ARBORISTS, INC., ANAHEIM, CA; GREENTEK SERVICES, LLC, OROVILLE, CA; AND RUMBLE TREE, INC., MODESTO, CA IN A TOTAL AMOUNT BETWEEN ALL AGREEMENTS COMBINED NOT TO EXCEED $10,320,000 OVER FIVE YEARS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENTS
WHEREAS, in recent years, the demand for tree pruning and removal services within the City
available time and resources; and
WHEREAS, s es raises safety concerns
and at this time there is a significant backlog of trees that need to be trimmed or removed and stumps that need to be ground; and
WHEREAS, the City does currently have an on-call vegetation management agreement with West Coast Arborists Inc., designed to address the myriad of services needed in the park system, but that agreement has been amended over the past year a couple times and City staff believes a new contract(s) to address a significant increase in additional tree pruning and removal services at all parks, street landscapes and other city properties are needed; and
WHEREAS, with an increase in funding for vegetation management over the past couple of years, the current agreement with West Coast Arborists, Inc. is continually reaching its yearly cap and is not available for other tree pruning and removal services; and
WHEREAS, on July 21, 2023, the City Manager authorized the issuing of a formal Invitation for Bids (IFB) for the furnishing of Tree Pruning and Removal #6..
- 208 -
10/10/2023/PRN/NHoux/Item 14 2 2023-455
Services; and
WHEREAS, on July 25, 2023, the Purchasing Division issued IFB 2324-13 for Tree Pruning and Removal and twentyseven (27) companies downloaded the IFB document; and WHEREAS, on August 15, 2023, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream with seven (7) companies responded and two (2) were local vendors; and
WHEREAS, based on providing the lowest responsive and responsible bid, staff recommends awarding three agreements for tree pruning and removal services as follows:

1. Agreement #1, Park Tree Services - $1,165,000 annually for Parks Tree Services to West Coast Arborists, Inc., Anaheim, CA, for a five-year total not to exceed total of $5,825,000

2. Agreement #2, Street Tree Services $635,000 annually for Street Tree Services to Greentek Services, LLC, Oroville, CA, for a five-year total not to exceed total of $3,175,000

3. Agreement #3, Tree Removal and Stump Grinding Services Only $520,000 the first year and $200,000 annually in future years for Tree Removal and Stump Grinding Services to Rumble Tree, Inc., Modesto, CA, for a five-year total not to exceed total of $1,320,000 WHEREAS, staff recommends a separate contract for Parks Trees and Street Trees due to the bid pricing and to ensure that one contractor is not overwhelmed by the workload requested; and
WHEREAS, staff recommends a secondary contractor for the furnishing of tree #6..
- 209 -
1 ANNUAL AGREEMENT
RUMBLE TREE, INC.

FOR TREE PRUNING AND REMOVAL SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Rumble Tree, Inc., hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-___ authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached he ereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit B strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
#6..
- 210 -
2 f. CONTRACTOR shall furnish said services at the following agreement rates, estimated amount of $520,000 for the first year and then $200,000 annually in future years and a total amount not to exceed $1,320,000 over five (5) years.

AGREEMENT PRICING

ITEM DESCRIPTION
UNIT
OF
ISSUE
Payment of
Prevailing Wages
Required

UNIT PRICE
1 Tree Removal up to 6 d.b.h. EACH $75.00
2 Tree Removal 7 - 12 d.b.h. EACH $250.00
3 Tree Removal 13 - 24 d.b.h. EACH $600.00
4 Tree Removal 25 - 36 d.b.h. EACH $1,500.00
5 Tree Removal 37 - 48 d.b.h. EACH $2,500.00
6 Tree Removal - 49 + d.b.h. EACH $3,200.00
7 Stump Grinding up to 6 d.b.h. EACH $50.00
8 Stump Grinding 7 - 12 d.b.h. EACH $75.00
9 Stump Grinding 13 - 24 d.b.h. EACH $140.00
10 Stump Grinding 25 - 36 d.b.h. EACH $260.00
11 Stump Grinding 37 - 48 d.b.h. EACH $380.00
12 Stump Grinding - 49 + d.b.h. EACH $500.00

2. PREVAILING WAGES:

In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor #6..
- 211 -
3 Statistics and Research, a copy of which is on file in the CITY Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit 1770 et. seq. and in the IFB.

DIR Project ID#: 488389

3. CITY REPRESENTATIVE:

City Representative: Bill Sandhu, Public Works Director (209) 341-2934 The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: October 16, 2023 through October 15, 2024
Year 2: October 16, 2024 through October 15, 2025
Year 3: October 16, 2025 through October 15, 2026
Year 4: October 16, 2026 through October 15, 2027
Year 5: October 16, 2027 through October 15, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

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

5. LIABILITY INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall #6..
- 212 -
4 provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by 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 and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR and subcontractors; products and completed operations.
b) Automobile Liability insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to 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 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 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 Risk Manager.

For any claims related to this project, the S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the P insurance and shall not contribute with it.
#6..
- 213 -
5 6. PAYMENT:

CONTRACTOR shall invoice CITY at a minimum of a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document. 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:

Reference Annual Agreement #: 256990 CITY department/division name and address Billing period
Service hours worked day and week
Service Location
Unit price, extended price, sales tax and total
Details of specific tasks completed at each location

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.

CONTRA 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. #6..
- 214 -
6 8. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proof of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

Termination by CITY for Default of CONTRACTOR
Should CONTRACTOR default in the performance of this agreement or materially breach any of its provisions, at its option, CITY may terminate this agreement by giving written notification to CONTRACTOR. The termination date shall be the effective date of the notice. For the purposes of this #6..
- 215 -
7 section, material breach of this agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of CITY's property by CONTRACTOR, dishonesty or theft.

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

The CITY shall provide no less than ten (10) calendar day written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

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 subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; 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 work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; #6..
- 216 -
8 g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTR services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under 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 work such as subcontractor agreements or contracts for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

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

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, will comply with #6..
- 217 -
9 all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2023-_______;
b. Bid Submittal;
c. IFB 2324-13
d. Insurance Certificates,
e. Business License
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: Charles D. Rumble
President
1320 Amy Avenue
Modesto, CA 95357
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:
#6..
- 218 -
10 The undersigned signature (ies) for CONTRACTOR warrant(s) and represent(s) those he/she/they is/are legally competent to execute the agreement and has/have full authority to execute this agreement.

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary f sal are controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. 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 all the parties.

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
#6..
- 219 -
11 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. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this agreement to be duly executed. #6..
- 220 -
#6..
- 221 -
#6..
- 222 -
#6..
- 223 -
#6..
- 224 -
#6..
- 225 -
#6..
- 226 -
#6..
- 227 -
#6..
- 228 -
#6..
- 229 -
#6..
- 230 -
#6..
- 231 -
#6..
- 232 -
#6..
- 233 -
#6..
- 234 -
#6..
- 235 -
#6..
- 236 -
#6..
- 237 -
#6..
- 238 -
#6..
- 239 -
#6..
- 240 -
#6..
- 241 -
#6..
- 242 -
#6..
- 243 -
#6..
- 244 -
#6..
- 245 -
#6..
- 246 -
1 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13
FOR

TREE PRUNING AND REMOVAL SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: AUGUST 15, 2023 at 11:00 A.M.

CITY OF MODESTO CONTACT: Nathan Houx, PPD Manager
E-MAIL ADDRESS: [email protected]
PHONE: (209) 571-5526
#6..
- 247 -
2 CITY OF MODESTO
INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TABLE OF CONTENTS
Page
. Notice to Bidders ................................................................................................................ 4 . City Contacts ....................................................................................................................... 5 . Calendar of Events .............................................................................................................. 5 . California Labor Code ........................................................................................................ 5 . Offer and Acceptance ......................................................................................................... 5 . Bid Opening ........................................................................................................................ 6 . Submittal Checklist ............................................................................................................. 7 FORMS
. Bid Acknowledgement (Signature Form) ........................................................................ 8 . Pricing Schedule (Signature Form) ............................................................................ 9-10 . Bid Forms .................................................................................................................... 11-20 . Exceptions, Clarifications, Amendments (if applicable) .................................................. 21 . References ................................................................................................................... 22-23 . Financial Interest Disclosure (Signature Form) ...................................................... 24-26 . Support of Local Vendors (if applicable) ......................................................................... 27 . Company History Statement ............................................................................................ 28 . Addenda Acknowledgement Page (if applicable) ........................................................... 29

TECHNICAL REQUIREMENTS
. Scope of Work .................................................................................................................. 30 . General Specifications ................................................................................................ 30-34 . Contractor Responsibilities ......................................................................................... 34-37 . City Responsibilities ......................................................................................................... 37 . Reports ........................................................................................................................ 37-38 . Work Schedule .................................................................................................................. 38 . City Representative ........................................................................................................... 38 . California Labor Code Section 1771.1(a) ......................................................................... 38 . Required Licenses ............................................................................................................. 38 . Insurance ........................................................................................................................... 39

GENERAL REQUIREMENTS
. Bid Submittal .................................................................................................................... 40 . Acceptance/Rejection of Irregular Bids ........................................................................... 40 . Complete Bid Document .................................................................................................. 40 . Bid Presentation ................................................................................................................ 41 . Compliance/Non-Compliance .......................................................................................... 41 . Prevailing Wages .............................................................................................................. 41 . Pricing Format................................................................................................................... 41 . Pricing Schedule ............................................................................................................... 41 . Award of Bid ..................................................................................................................... 42 . Inspection and Acceptance ............................................................................................... 42 . Support of Local Vendors ................................................................................................. 42 . Term of Agreement ........................................................................................................... 42 . Termination of Services .................................................................................................... 43 #6..
- 248 -
3 . Quantities ..........................................................................................................................43 . Funding ............................................................................................................................. 43 . Other Government/Publicly Funded Agencies ................................................................. 43 . Non-Discrimination .......................................................................................................... 43 . Non-Discrimination of the Handicapped .......................................................................... 44 . Drug Free Workplace ........................................................................................................ 44 . Indemnity .......................................................................................................................... 44 . Assignment of Rights ........................................................................................................ 44 . City Process/Procedure Approvals ................................................................................... 44 . Bidder/Seller Representation ...................................................................................... 44-45 . Failure to Perform Satisfactory ......................................................................................... 45 . Contractor s Responsibility for Damages ......................................................................... 45 . Protest and Appeal Procedures ................................................................................... 45-49 . Payment ............................................................................................................................. 49 . Sample Annual Agreement ........................................................................................ 49-59 #6..
- 249 -
4 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the Ci office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed bids for the furnishing of Tree Pruning and Removal Services for the City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bidders are highly recommended to download all documents
http://www.modestogov.com/257/Contracting-Bid-Opportunities; such bids shall include all necessary specifications.
95354 prior to Tuesday, August 15, 2023 at 11:00 A.M., at which time bids will be opened, read and recorded.

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 time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of bids.

The City of Modesto assumes no responsibility for delay in the delivery of the bid.

On the outside of the bid envelope and courier envelope, if any, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
BID NUMBER 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING DATE: AUGUST 15, 2023 AT 11:00 A.M.

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

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

No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for the opening thereof.

Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders. #6..
- 250 -
5 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Nathan Houx, PPD Manager, via email at: [email protected] All contact during the bid process shall be through the above-mentioned city contact. Attempts by the bidder to contact other city representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued July 21, 2023
Written Questions Due August 3, 2023
Addendum Issued (if required) August 8, 2023 (approximate date) Bid Opening PRIOR to 11:00 A.M. on Tuesday, August 15, 2023 Bid Award Approximately October 2023
It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a bid. By the submission of a bid, the bidder certifies that if awarded an agreement they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

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

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City agreement documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City agreements signed by the City's Purchasing Manager or designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions. #6..
- 251 -
6 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
BID OPENING:

The City of Modesto will be broadcasting bid openings electronically via Microsoft Teams at 11:00 a.m. PT on Tuesday, August 15, 2023. The City Clerk Record of Bid document will be available on Planet Bids by the end of day, Tuesday, August 15, 2023. The public bid opening for IFB 2324-13, Tree Pruning and Removal Services , will be available using the URL link, video system or via phone provided below. By submitting your bid for the above-stated IFB you acknowledge, understand, and agree to this modified bid opening procedure.

URL:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?con text=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Meeting number: 961 656 049#
OR
JOIN BY PHONE:
+1 469-998-7409 United States Toll
Access code: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Nathan Houx, by email at [email protected] or telephone at (209)571-5526.
#6..
- 252 -
7 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

SUBMITTAL CHECKLIST

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date.

Failure to provide all the required documents may cause the bid to be considered non-responsive.

The bid forms are broken into sections to allow for a contractor to be considered for either a Small annual contract ($200,000 or less annually) or Large annual contract (more than $500,000 annually). The bid forms are also formatted so that a contractor can bid tree pruning and removal services for either Street Trees (Public Works Department) and/or Parks Trees (Parks, Recreation and Neighborhoods Department (PRND)).

SMALL ANNUAL CONRACT BID SHALL INCLUDE: Page No.

Bid Acknowledgement (Signature Form) ........................................................................ 8 Pricing Schedule (Signature Form) ............................................................................. 9-10 Bid Form ...................................................................................................................... 11-15 Exceptions, Clarifications, Amendments (if applicable) ................................................. 21 References.................................................................................................................... 22-23 Financial Interest Disclosure (Signature Form) ....................................................... 24-26 Support of Local Vendors (if applicable) ......................................................................... 27 Company History Statement ........................................................................................... 28 Addenda Acknowledgement Page (if applicable) ........................................................... 29 LARGE ANNUAL CONRACT BID SHALL INCLUDE: Page No.

Bid Acknowledgement (Signature Form) ........................................................................ 8 Pricing Schedule (Signature Form) ............................................................................. 9-10 Bid Form ...................................................................................................................... 16-20 Exceptions, Clarifications, Amendments (if applicable) ................................................. 21 References.................................................................................................................... 22-23 Financial Interest Disclosure (Signature Form) ....................................................... 24-26 Support of Local Vendors (if applicable) ......................................................................... 27 Company History Statement ........................................................................................... 28 Addenda Acknowledgement Page (if applicable) ........................................................... 29 #6..
- 253 -
8 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES BID ACKNOWLEDGEMENT
The City is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number. This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response.

Obligations assumed by such signature must be fulfilled.

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 Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies 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 at any time within thirty (30) days of opening, unless otherwise specified in the IFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

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

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

7. Rights and Remedies of Agencies 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 so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor 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 Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the IFB, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the discount, on the date of mailing the C eck.

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

11. Two d Original Bid Document Requested: Failure to furnish at least disqualification.

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 below, in accordance with the specifications, terms and conditions of this IFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
#6..
- 254 -
9 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

PRICING SCHEDULE
All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing. Bid must be submitted on the Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendme
page 21.
on the bid forms are provided as an example of services to be requested for bidding purposes only and does not guarantee a quantity of services to be paid. During the agreement period, at any time, the City reserves the right to increase or decrease the quantity of specific services paid at its discretion.

ESTIMATED 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. ** The bid forms are broken into sections to allow for a contractor to be considered for either a small annual contract or large annual contract. Contractors should fill out the corresponding sections depending on what scope of work they would like to be considered for. The City reserves the right to award individual sections to different contractors or to award the full scope of work to one contractor. Award of contract will be based on the lowest price for the type/estimated quantity of services being bid.

Following is a summary of each Section of the bid:

SMALL ANNUAL CONTRACTS ($200,000 or Less Annually)
Contractors that want to be considered for a small annual contract should complete Section 1 and/or 2 Bid Forms.

SECTION 1 PUBLIC WORKS CITY STREET TREES SMALL CONTRACT BID FORM SECTION 2 PRND PARK TREES SMALL CONTRACT BID FORM
LARGE ANNUAL CONTRACTS (More than $500,000 Annually)
Contractors that want to be considered for a large annual contract should complete Section 3 and/or 4 Bid Forms.

SECTION 3 PUBLIC WORKS CITY STREET TREES LARGE CONTRACT BID FORM SECTION 4 PRND PARK TREES LARGE CONTRACT BID FORM
#6..
- 255 -
10 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

PRICING SCHEDULE
City Business/Delivery License No. __________ Expiration Date: __________ DIR Registration No. _______________________________ Expiration Date:

Contractor License No. __________ Expiration Date: __________ Contractor shall have at a mini -61/D-49, or C-27
Stated pricing is subject to (______ %) cash discount if invoice is paid within ______ days after acceptance of service.

THE PAYMENT OF PREVAILING WAGES IS REQUIRED FOR ALL SERVICES.

A City Business License is not required at the time of the bid, however, please note the Business License No. if bidder should already have one. (See Section 1.12 for further details) Does bidd -pay Payment Program? Please check one: Yes ____ No ____ Information regarding the program is provided in Section 2.25 Payment.

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 below, in accordance with the specifications, terms and conditions of this IFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Company Name (Bidder):

By (Person Submitting Bid): (Print)
By (Person Submitting Bid): (Signature)
Title of Person Submitting Bid:

Business Address
(City/State/Zip):

E-Mail Address:

Telephone Number:

Fax Number:

Date:
#6..
- 256 -
11 SECTION 1 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For

PUBLIC WORKS CITY STREET TREES
#6..
- 257 -
12 SECTION 1

PUBLIC WORKS CITY STREET TREES - SMALL ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees Small Contract
101 Program Pruning 20 EACH $________ $________________ 102 Program Pruning 165 EACH $________ $________________ 103 Program Pruning 210 EACH $________ $________________ 104 Program Pruning 165 EACH $________ $________________ 105 Program Pruning 100 EACH $________ $________________ 106 Program Pruning + d.b.h. 15 EACH $________ $________________ Subtotal $________________
Tree Removal for City Street Trees Small Contract
107 Tree Removal up to 2 EACH $________ $________________ 108 Tree Removal 2 EACH $________ $________________
109 Tree Removal .h. 5 EACH $________ $________________ 110 Tree Removal 5 EACH $________ $________________
111 Tree Removal 2 EACH $________ $________________
112 Tree Removal 2 EACH $________ $________________
Subtotal $________________
Stump Grinding for City Street Trees Small Contract
113 Stump Grinding 2 EACH $________ $________________
114 Stump Grinding 2 EACH $________ $________________
115 Stump Grinding 5 EACH $________ $________________
116 Stump Grinding h. 5 EACH $________ $________________ 117 Stump Grinding 5 EACH $________ $________________
118 Stump Grinding 2 EACH $________ $________________
Subtotal $________________
Total Section 1 $________________
#6..
- 258 -
13 SECTION 2 BID FORM

SMALL ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
#6..
- 259 -
14 SECTION 2

PRND PARKS TREES - SMALL ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a small annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees Small Contract
201 Demand Pruning 1 EACH $________ $________________
202 Demand Pruning d.b.h. 1 EACH $________ $________________ 203 Demand Pruning 5 EACH $________ $________________
204 Demand Pruning 5 EACH $________ $________________
205 Demand Pruning 3 1 EACH $________ $________________ 206 Demand Pruning 1 EACH $________ $________________
Subtotal $________________
Program Pruning for Parks Trees Small Contract
207 Program Pruning 25 EACH $________ $________________ 208 Program Pruning 50 EACH $________ $________________ 209 Program Pruning 140 EACH $________ $________________ 210 Program Pruning 140 EACH $________ $________________ 211 Program Pruning 80 EACH $________ $________________ 212 Program Pruning + d.b.h. 25 EACH $________ $________________ Subtotal $________________
Tree Removal for Parks Trees Small Contract
213 Tree Removal up to 2 EACH $________ $________________ 214 Tree Removal 2 EACH $________ $________________
215 Tree Removal .h. 5 EACH $________ $________________ 216 Tree Removal 5 EACH $________ $________________
217 Tree Removal 2 EACH $________ $________________
218 Tree Removal d.b.h. 2 EACH $________ $________________ Subtotal $________________
#6..
- 260 -
15 SECTION 2 (CONTINUED)

PRND PARKS TREES SMALL ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees Small Contract
219 Stump Grinding 2 EACH $________ $________________
220 Stump Grinding 2 EACH $________ $________________
221 Stump Grinding 10 EACH $________ $________________
222 Stump Grinding h. 10 EACH $________ $________________ 223 Stump Grinding 5 EACH $________ $________________
224 Stump Grinding 2 EACH $________ $________________
Subtotal $________________
Miscellaneous Services for Parks Trees Small Contract
225 Root Pruning 25 LF $________ $________________
226 Root Barrier Installation 25 LF $________ $________________ 227 Tree Planting 15 Gallon 25 EACH $________ $________________ Subtotal $________________
Total Section 2 $________________
#6..
- 261 -
16 SECTION 3 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For

PUBLIC WORKS CITY STREET TREES
#6..
- 262 -
17 SECTION 3

PUBLIC WORKS CITY STREET TREES - LARGE ANNUAL CONTRACT BID FORM If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Street Tree Pruning.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Program Pruning for City Street Trees Large Contract
301 Program Pruning 75 EACH $________ $________________ 302 Program Pruning 725 EACH $________ $________________ 303 Program Pruning 875 EACH $________ $________________ 304 Program Pruning h. 725 EACH $________ $________________ 305 Program Pruning 400 EACH $________ $________________ 306 Program Pruning d.b.h. 50 EACH $________ $________________ Tree Removal for City Street Trees Large Contract
307 Tree Removal up to 5 EACH $________ $________________ 308 Tree Removal 15 EACH $________ $________________
309 Tree Removal .h. 30 EACH $________ $________________ 310 Tree Removal 30 EACH $________ $________________
311 Tree Removal 15 EACH $________ $________________
312 Tree Removal 5 EACH $________ $________________
Subtotal $________________
Stump Grinding for City Street Trees Large Contract
313 Stump Grinding 5 EACH $________ $________________
314 Stump Grinding 15 EACH $________ $________________
315 Stump Grinding 30 EACH $________ $________________
316 Stump Grinding h. 30 EACH $________ $________________ 317 Stump Grinding 15 EACH $________ $________________
318 Stump Grinding 5 EACH $________ $________________
Subtotal $________________
Total Section 3 $________________
#6..
- 263 -
18 SECTION 4 BID FORM

LARGE ANNUAL CONTRACT BID FORM
For

PRND - PARKS TREES
#6..
- 264 -
19 SECTION 4

PRND PARKS TREES - LARGE ANNUAL CONTRACT BID FORM
If the contractor wants to be considered for a large annual contract, this page should be used as the bid form for City Parks Tree Pruning and Removal.

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF

ISSUE UNIT PRICE
Payment of Prevailing Wages
Required

EXTENDED PRICE
Demand Pruning for Parks Trees Large Contract
401 Demand Pruning 3 EACH $________ $________________
402 Demand Pruning 5 EACH $________ $________________
403 Demand Pruning 10 EACH $________ $________________
404 Demand Pruning 10 EACH $________ $________________
405 Demand Pruning 3 48 5 EACH $________ $________________ 406 Demand Pruning 3 EACH $________ $________________
Subtotal $________________
Program Pruning for Parks Trees Large Contract
407 Program Pruning 100 EACH $________ $________________ 408 Program Pruning 200 EACH $________ $________________ 409 Program Pruning 550 EACH $________ $________________ 410 Program Pruning 550 EACH $________ $________________ 411 Program Pruning 300 EACH $________ $________________ 412 Program Pruning 100 EACH $________ $________________ Subtotal $________________ Tree Removal for Parks Trees Large Contract 413 Tree Removal up d.b.h. 5 EACH $________ $________________ 414 Tree Removal 10 EACH $________ $________________
415 Tree Removal 20 EACH $________ $________________
416 Tree Removal 20 EACH $________ $________________
417 Tree Removal 10 EACH $________ $________________
418 Tree Removal 5 EACH $________ $________________ Subtotal $________________ #6..
- 265 -
20 SECTION 4 (CONTINUED)

PRND PARKS TREES - LARGE ANNUAL CONTRACT BID FORM

ITEM DESCRIPTION ESTIMATED

QUANTITY

UNIT OF
ISSUE UNIT PRICE Payment of Prevailing Wages Required
Stump Grinding for Parks Trees Large Contract
419 Stump Grinding 5 EACH $________ $________________
420 Stump Grinding .h. 10 EACH $________ $________________ 421 Stump Grinding 30 EACH $________ $________________
422 Stump Grinding 25 30 EACH $________ $________________ 423 Stump Grinding 15 EACH $________ $________________
424 Stump Grinding 10 EACH $________ $________________
Subtotal $________________
Miscellaneous Services for Parks Trees Large Contract
425 Root Pruning 100 LF $________ $________________
426 Root Barrier Installation 100 LF $________ $________________ 427 Tree Planting 15 Gallon 100 EACH $________ $________________ Subtotal $________________
Total Section 4 $________________
#6..
- 266 -
21 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List Invitations for bid clarifications and exceptions below, if any, sign and submit with your bid response.

Item
No.

Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
#6..
- 267 -
22 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

REFERENCES
All Bidders must provide a list of five (5) current or former clients in the area provided below, identifying prior experience with similar type of services requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all o
performance record on work and equipment similar to that described in this bid. The City reserves the right to contact references other than those provided in the response 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:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
#6..
- 268 -
23 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

REFERENCES - CONTINUED
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
#6..
- 269 -
24 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a FINANCIAL INTEREST DISCLOSURE FORM 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 Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
#6..
- 270 -
25 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

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

Tests of Materiality:

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

2. Whether it is foreseeable to a reasonable perso e
applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

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 agreement or application or development rights 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.

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

COMPANY NAME: ____________________________________________________

__________________________________
__________________________________
APPLIC
__________________________________ DATE: ____________________________ Applicable Names: (if any, use following page)
#6..
- 271 -
26 Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

FINANCIAL INTEREST DISCLOSURE FORM
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:

Signature / Print:
#6..
- 272 -
27 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
Of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote 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 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 or quote of the lowest bidder in writing within five (5) 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.

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.

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Company Name:

Street Address:

Telephone Number:

Business License Number:

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

Print/Type Name:

Title:

Signature:

Date:
#6..
- 273 -
28 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the IFB submittal date) providing the types of services requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal. #6..
- 274 -
29 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the IFB listing on the City Planet-Bid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this Invitation for bid and specifications. The addenda now become a part of this Invitation for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this Invitation for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA NUMBERS: _____________________________________________________ Company Name (Bidder):
#6..
- 275 -
30 INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES
All contractors must fill out this page of the Invitation for bids.

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.1 SCOPE OF WORK:

The City of Modesto, Parks, Recreation and Neighborhoods (PRND) and Public Works Departments are seeking a qualified contractor(s) for the furnishing of Tree Pruning and Removal Services for various locations throughout the City of Modesto on a regular basis throughout the year.

The successful contractor(s) shall submit pricing for tree pruning, tree removal, stump grinding and other services with reasonable access to conduct work. Shall access be determined by the City to be limited in certain locations, alternative accommodations will be provided. Pricing shall include all labor, materials, equipment, tools, fuel, and insurance necessary to do the work listed.

The Contractor agrees to provide the highest quality commercially accepted methods, procedures and controls for tree pruning, removal and maintenance consistent with acceptable arboricultural and safety practices as established by the most current editions of the American National Standard Institute (ANSI) A300, American National Standard Institute (ANSI) Z133.1, Best Management Practices: Tree Pruning, Edward F. Gilman and Sharon J. Lilly and Arboriculture: Integrated Management of Landscape Trees, Shrubs and Vines, Richard W.

Harris, James R. Clark and Nelda P. Matheny, and Cal/OSHA standards for tree maintenance activities. This shall include the use of proper knowledge, skills, materials and equipment of a timely basis to maintain all areas in a clean, safe, healthy, and aesthetically acceptable manner during the entire term of this contract. The Contractor shall furnish tree services by qualified arborists, site managers and tree worker crews to provide tree pruning, removal and maintenance activities that comply with this IFB. It will be the responsibility of the Contractor to provide all equipment, materials, and labor as necessary to perform the work described in these documents in a safe, efficient and legal manner.

1.2 GENERAL SPECIFICATIONS:

TREE PRUNING REQUIREMENTS:

All work shall be done per the International Society of Arboriculture (ISA) tree protection and pruning requirements. https://www.isa-arbor.com/ Pruning will include structural pruning, crown raising, mistletoe removal and crown cleaning in accordance with the standards set forth by the International Society of Arboriculture Pruning Standards (Best Management Practices) and the ANSI A300 Standards.

Pruning objectives include the following:

Improve structural strength and reduce failure potential Provide clearance for pedestrians, vehicles, structures and overhead utilities Improve safety and security for residents and visitors by providing clearance pruning as outline below Repair structural damage from wind loading
Improve aesthetic characteristics
Reduce maintenance costs
Remove diseased, broken, dying, or dead branches, including the removal of Mistletoe Prevent or mitigate a pest problem
#6..
- 276 -
31 Additionally, IN PARKS ONLY, the contractor shall provide crown thinning when necessary to ensure dappled light penetration through the tree canopy.

Clearance pruning shall be defined as to provide the following distances:

Roadway- vertically from road surfaces
Sidewalk/Park- not less than 10 vertically from sidewalk or park surfaces Building/Park Elements- not le or horizontal surfaces of building/park elements (such as play equipment, restrooms, basketball hoops, baseball backstops, etc) Lights- not less vertically and horizontally from lights.

Utility and telecom drop lines- not
vascular tree growth onto wires.

Tree pruning consists of reducing the overall foliage and their branches by no more than 30% of the total tree canopy to meet the pruning objectives outlined above
pruning which permits the preservation of a natural appearing foliage margin and retains the character of the tree. At no time shall the leader of any tree be pruned or removed. Safety Pruning shall include the removal of all dead branches over 2 inches in diameter, the removal of broken branches and the removal of over-burdened or conflicting bran
Cutting tools and saws shall be kept sharpened to a condition that will permit leaving an unabraised cambium edge on final cuts and bark tracings and shall be regularly cleaned to discourage the spread of disease from tree to tree.

Any structural weakness, decayed trunk or branches, split crotches or limbs and included bark discovered by the Contractor during trimming operations shall be s designated representative for determination of action as soon as it is discovered. When working on a tree, the Contractor shall be responsible for the removal of all vines entwined in the tree or around its trunk, and for the removal of sucker growth from tree trunks.

Limbs one inch eter or greater shall be removed with a series of three (compound) cuts. Make the firs m the branch junction. The undercut
should be at least one- the diameter. Make the second cut one inch from the branch junction than the first. Make the final cut just outside the branch collar in a manner that will stimulate rapid callus growth that will cover the wound.

Removal of branches three and onerequire prior approval by the City Representative and once cut, shall be lowered by proper ropes to the ground.

Any damage caused by dropping limbs shall be repaired within three (3) days at the Contractor's expense and to the satisfaction of the City Representative. All debris resulting from tree pruning operations shall be removed from the work site daily.

All visible mistletoe plants of two leaves or more shall be abated from all species in which it is found utilizing specified acceptable arboricultural and safety practices. The following City of Modesto abatement methods shall be employed in relationship to species and branch size; Ash- limbs with a diameter greater than two inches of the mistletoe; All other species
limbs with a diameter greater than two inc ave the mistletoe cut off flush with the outer bark with no injury to the bark. Wounding of trees during the abatement process that is unreasonable is prohibited. Such actions will result in the Contractor(s) making monetary restitution to the City for damages. Upon inspection of #6..
- 277 -
32 completed mistletoe abatement work, the contractor(s), at no additional cost to the City, shall abate any plants found in trees that exceed the abatement specifications.

Contractor shall include the cost of mobilization, tree pruning, wood debris chipping, cleanup, organic waste removal and disposal, access control, mistletoe abatement, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices for Tree Pruning and will be paid per tree pruned at the unit prices bid. Contractor shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree.

In the case of a multi-trunk specimen the communitive diameter of all trunks at d.b.h. should be used.

A. Demand Pruning: Demand Pruning consists of pruning less than five (5) trees located in close proximity, at the same address or at nearby street addresses. Full compensation for conforming to the requirements of this IFB shall be considered as included in Demand Pruning and no separate payment may be made thereof.

B. Program Pruning: Program Pruning consists of pruning five (5) or more trees located in close proximity, at the same address or at nearby street addresses. The term is used to reflect an economy of scale when pruning Trees in one location and shall be reflective with bid pricing reduced from the Demand Pruning bid price. Full compensation for conforming to the requirements of this IFB shall be considered as included in Program Pruning and no separate payment may be made thereof.

TREE/STUMP REMOVAL REQUIREMENTS:

Locations of trees or vegetation to remain shall be marked on-site or identified in writing by City Representative.

C. Tree Removal: Contractor to completely remove and legally dispose of trees off-site and shall be paid the unit price based on the diameter at breast height (d.b.h.) of the tree. In the case of a multitrunk specimen the communitive diameter of all trunks at d.b.h. should be used. The Contractor shall cut tree stumps within 6 , unless otherwise directed. Full compensation for price to be paid per each tree removed. Contractor shall include the cost of mobilization, tree removal, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

D. Tree Stump Grinding: The Contractor shall grind an existing tree stump me existing grade
below grade f The Contractor shall backfill with soil or chipping materials to completely fill the void and make flush with surrounding grade. Stump shall be ground to below grade, and work shall include site material clean-up and debris haul-off. Prior to stump grinding, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the stump grinding. Full compensation for price to be paid per each stump ground based on the diameter at breast height (d.b.h.) of the tree. Contractor shall include the cost of mobilization, stump grinding, wood debris chipping, cleanup, organic waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit prices.

MISCELLANEOUS SERVICES:

E. Root Pruning: The Contractor to complete root pruning as requested by the City. The City shall mark the location of the required root pruning. The Contractor shall dig to locate the roots, prune the roots #6..
- 278 -
33 and backfill the area. Finally, contractor shall clean up and property disposal of all debris created during the root pruning, immediately following the completion of work. Prior to root pruning, contractor shall call for an Underground Service Alert (USA) alert to ensure all underground utilities are identified and avoided during the process of completing the root pruning. Full compensation for price to be paid per each lineal foot of root pruning. Contractor shall include the cost of mobilization, digging, root pruning, cleanup, organic waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

F. Root Barrier Installation: Tree root barriers shall be manufactured of extruded recycled polyethylene.

Panels shall measure twenty-four in - mean thickness of 0.08 inch. Each panel shall have not less than four (4) raised ribs protruding half an f. Each panel shall have an
integral male/female sliding lock, the male down the length of one side and the female down the length of the other side.

Root barriers shall be placed at the edge of hardscape and shall consist of the number of panels necessary to install root barrier as directed by City Representative. The City shall mark the location of the required root barrier. The Contractor shall trench the location of the root barrier, install the root barrier and backfill behind the root barrier. Finally, contractor shall clean up and property disposal of all debris created during the root barrier installation, immediately following the installation of the barrier.

Prior to root barrier installation, contractor shall call for a USA alert to ensure all underground utilities are identified and avoided during the process of completing the root barrier installation. Full compensation for price to be paid per each lineal foot of root barrier installation. Contractor shall include the cost of mobilization, digging, root barrier installation, cleanup, waste removal and disposal, access control, backfilling, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price.

G. Tree Planting 15 Gallon: The Contractor shall provide and install a 15-gallon tree of a variety selected by the City per City Standard Detail #1200 and as outline below. Install healthy, shapely, and well rooted trees. Trees shall be undamaged, vigorous and of normal habit of growth and shall be free of wilted leaves, girdling roots, sunscald, abrasions, disease, insects, insect eggs and larvae. Trees shall equal or exceed the standards as outlined by the American Standards for Nursery Stock and to applicable California Agricultural Codes. All trees shall be delivered bearing nursery label with botanical, common names, including cultivars in accordance with the standard practice recommended by the American Association of Nurserymen. Select straight trunks (minimum 1 Caliper measured at 6 from tree base) with the leader intact, undamaged, and uncut with all old abrasions and cuts completely callused over. Do not prune trees prior to delivery.

All nursery stock shall be approved by the City Representative, prior to planting and shall meet the California ReLeaf Guideline Specifications for Nursery Tree Quality. Tree Planting shall be performed in accordance with the ISA Best Management Practices Tree Planting, second edition.

Excavate tree planting pit to twice the width of the root ball and 8 deeper than the can. Test drainage of tree pit by filling with at least 6 of water. The retention of water in the tree pit for more than two (2) hours shall be brought to the attention of the City Representative, with proposals for correction before the planting proceeds. If rock, underground construction work, tree roots, poor drainage, or other obstructions are encountered in the excavation of plant pits, alternate locations may be selected by City. #6..
- 279 -
34 Break and loosen the sides and bottom of the pit to ensure root penetration and water test hole for drainage as required above. Backfill native soil free of soil amendments under rootball to the depth as indicated and foot tamp to prevent settlement. Trees shall be removed from their containers only at the time of placement within the prepared plant pit. Perform root pruning on all four sides of the root ball by shaving and cutting away the root ball periphery to reduce the amount of circling roots. Starting from the top and then cutting/slicing down to the bottom of the root ball. On a 15-gallon plant at least 1-1.5 inches of the root ball periphery needs to be removed by slicing or shaving. A sharp hand pruning saw needs to be used for the slicing or shaving of the root ball. This process will remove many girdling and circling roots deflected by the container wall and allows for root penetration within the planting basin.

Spread all roots to the side to allow proper root development.

After placement of tree in prepared planting pit, backfill remainder of planting pit with specified planting mix including 1/4 organic amendment and 3/4 native soil, free from rocks, clods or lumpy material, and place three (3) plant fertilizer packets 3 inches below surface of rootball and 1/2-inch from roots.

Set tree in planting pit with top of the rootball 2 above finished grade. Trees shall be set true and plumb with the top of the plant ball, as grown in the nursery can container. The Contractor shall be responsible for any settling and shall raise and replant any tree whose crown settles below the finish grade.

After initial backfill work is completed, soak soil thoroughly with use of water hose and pipe section until soil around tree is saturated to the full depth of the hole, leaving no air pockets in the soil. Add additional planting mix as needed, continue to saturate the soil until all soil is wetted and there are no air pockets in the planting pit.

Remove any soil from top of plant rootballs and secure City's approval of rootball height prior to installing the tree stakes and ties.

Where mowing will occur, provide an eighttrees and other site improvements, including other shrubs plantings. Stake tree plantings with two (2) lodgepole pine stakes and two (2) tree ties. Drive stake until solid and remove excess stake protruding above the top of the tree tie to prevent rubbing against branches.

All trees shall be supported at time of planting with:

Tree Stakes: Shall be round, treated lodgepole pine wood stakes, made from the entire bole of the tree. They shall be at least two-inch (2") in diameter, conically pointed at one (1) end, ten foot (1 chamfered at the other end.

Tree Ties: Rubber strap, 24-inch minimum length without sharp edges adjacent to trunk, V.I.T. cinch-tie, Dublin, CA, (818) 882-9530, or approved equal.

The Contractor shall include tree planting, stakes, ties and labor to complete the tree installation.

Contractor shall clean up the tree planting location, immediately following the installation of the tree.

Full compensation for price to be paid per each tree installed. Contractor shall include the cost of mobilization, digging, tree purchase and delivery, tree installation, soil preparation, tree fertilization, backfilling, tree watering, tree staking and tying, cleanup, waste removal and disposal, access control, equipment costs, dump fees, travel, labor, fuel, mileage, vehicles, and demobilization in the unit price. #6..
- 280 -
35 1.3 CONTRACTOR RESPONSIBILITIES:

A. Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work.

The Contractor shall rebuild, repair, restore and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

B. Project Delays: Suspension of work for any cause whatsoever shall not relieve the Contractor of their responsibility for the work or parts and materials as specified on the work request. The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship.

C. The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one-year after the acceptance of the work.

D. The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall be responsible to correct any damage done as the result of their work at The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

E. Site Inspection: Prior to all work, the Contractor shall carefully inspect the entire site and all objects required to be removed. Locate all existing active utility lines traversing the project and site; and determine the requirements for their protection.

F. Underground Service Alert: As necessary, Contractor to evaluate and obtain an Underground Service Alert prior to start of work. Call number #811.

G. Damages Resulting from Work Activity: The Contractor shall be responsible for any damage their activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the tree pruning/removal activities. Contractor shall repair any landscape, soft-scape or hard-scape area damaged during the course of the tree pruning/removal work.

Prevent movement and settlement of adjacent structures. Install temporary barriers, fences, bracing, planking, barricades, lights, warning signs and other protections required to protect structures, utilities, landscaping and other items that are to remain in place.

H. Equipment: Contractor must be experienced and certified to either own or have immediate access to equipment necessary to complete all of tree pruning/removal duties indicated.

I. Green and Organic Waste Disposal:

1. Per the State of California regulations SB1383 (https://www.calrecycle.ca.gov/climate/slcp) and AB901 (https://www.calrecycle.ca.gov/laws/rulemaking/archive/2019/ab901reporting) cities and #6..
- 281 -
36 businesses must comply with mandated organic recycling and material reporting (tonnages) requirements which establish methane emissions reduction targets both locally and statewide. To achieve those reduction targets, organics (yard waste, grass, leaves, brush, leaves, trees and tree trimmings, etc., paper waste and food scraps) must be diverted out of landfills into permitted recycling facilities. In compliance to the regulatory requirements, cities must ensure that all garbage, recycling, landfills and transfer facilities, landscape companies, material haulers, etc. are bound to the law and transfer the organic materials collected within the City of Modesto to a permitted recycling facility.

2. The Contractor shall have the option of disposing of all green waste and organic matter collected as part of this Tree Pruning and Removal Services Agreement to the City of Modesto Compost Facility located at 7001 Jennings Road, Modesto, CA 95358; contact telephone number (209) 571-5144. Should this option be chosen, the City will receive the organic materials (scale in and weigh) and report the collection tonnages to the ces and to Cal-Recycle on a quarterly and annual basis. The Contractor shall provide a record of material reporting to the City on a monthly basis.

3. The Contractor may also other methods of green waste disposal as long as it is transferred to a permitted recycling facility.

4. Whatever method the Contractor choses to dispose of green waste, the cost of all disposal shall be covered by the Contractor and included in the various unit prices on the bid form(s).

J. The Contractor shall respect the rights of property owners and not enter private property without first obtaining permission from the property owner. Some trees will be located in easements that may be difficult to access and will require the Contractor to enter private property.

K. The Contractor shall k
of work, type work conducted and any other pertinent information. Log sheets shall be submitted with each invoice.

L. Access Control: The Contractor shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. A work zone shall be established and maintained for each tree trimming or other operation. The Contractor shall use all appropriate methods used in the field of tree trimming and tree maintenance for establishing and maintaining such work zone. No person other than members work crew may be allowed to enter such work zone. If any person enters such work zone, the Contractor shall immediately cease all work and operation of all equipment until the work zone is clear. The Contractor shall be responsible for maintaining access control of the work areas from the time work starts until the time the work site is returned to its pre-project condition, including cleanup.

M. Additional and Emergency Protection: Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work area, the City Representative may require immediate action taken and the placement of additional protections.

N. Access and Storage: Prior to commencement of work, the Contractor shall confer with the City for the purposes of determining the exact scope of work. At no time shall materials, soil or equipment be stored #6..
- 282 -
37 or placed within the "dripline" of existing trees to be preserved. At no time shall vehicles be parked within th served.

O. Coordination and Scheduling of Work: All work shall be scheduled and conducted in a cooperative manner in order to give the least possible interference with other work which may be taking place.

P. Cleanup: Prior to requesting a final inspection, the Contractor shall carefully clean up and remove all surplus material
shall dispose of all of the materials and debris in a proper legal manner. The work area shall be left clean and neat.

Q. Disposal of Materials: All trimmings, stumps, roots, logs, grass clipping or any other form of debris resulting from this work or any work resulting from said operation shall be cleaned up and removed from the site by the Contractor as directed by the City Representative. The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and Local laws, regulations or ordinances.

R. Chemical Spills: Should any chemical spill on the ground, the chemical and affected soil shall be removed and safely and legally disposed of. The area shall be restored to its original condition before the spill. Any damage to the vegetation resulting from misuse or accidental issue of the chemical shall be the responsibility of the Contractor to correct and make whole.

CHARACTER OF WORKERS:

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

LABOR FORCE AND SUPERVISION:

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

DELAYS BY THE CITY:

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

1.7 CITY RESPONSIBILITIES: A. The City shall provide written direction for work to be performed.

B. The City shall assist the Contractor with entering private lands, public lands or right-of-ways.

1.8 REPORTS:
#6..
- 283 -
38 Upon completion of the work, reports shall accompany the invoice, or whenever requested to by the City, the Contractor shall submit electronic copies of log sheets and reports in Excel or other acceptable database format, which show, as a minimum, the following information:

A. The report date(s)
B. Name of site work was completed
C. The date the work was completed
D. The scope of the work completed
E. Speci
F. Any reasons for not completing the work as requested

1.9 WORK SCHEDULE:

Services shall be performed Monday through Friday, between the hours from 7:00 A.M. to 5:00 P.M., excluding all major holidays. The Contractor may request alternative working days in writing for City review and consideration of acceptance, such as weekends. Service work outside of normal business hours is not required.

Unless accepted by the City in writing prior to conducting work, no additional pay will be provided for alternative working days. The City shall provide a minimum three (3) business days notice of any service work to be completed by the Contractor. Once service work is requested by the City, the Contractor shall and provide an agreeable service work timeline
within seven (7) business days. Service work requested to be completed within an agreed time between the City and Contractor prior to start of work.

No Tree Pruning/Removal shall be performed until the City Contractor for each on-call service task requested by the City.

1.10 CITY REPRESENTATIVE:

Work under any resulting agreement shall be performed under the general technical guidance and direction of the "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

1.11 CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any agreement for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the agreement is awarded.

Workers must be paid no less than the prevailing wage rate as published by the DIR, and Contractor shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.dir.ca.gov, or call the DIR, Labor Research and Statistics Unit, Prevailing Wage Unit at (415)-703-4774.

1.12 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.
#6..
- 284 -
39 If the bidder is furnishing any labor or service including installation or maintenance, the bidder shall possess the appropriate California Contractor's license(s) at the time the bid is submitted. An agreement shall not be awarded to a bidder that does not possess the appropriate Contractor's license(s). The appropriate Contractor's license(s) is that specified in this Invitation, or if not specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California.

1.13 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, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.

A. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage and $4,000,000 aggregate. 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.

B. Automobile Liability insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

C. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

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

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

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 Risk Manager.

For any claims related to this project, the CON ance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance #6..
- 285 -
40 maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contrac insurance and shall not contribute with it.

CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or agreement.

INVITATION FOR BID AND SPECIFICATIONS NO. 2324-13

TREE PRUNING AND REMOVAL SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:
ink) signed original bid document, plus two (2) copies
of the signed original bid document, and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

FAILURE TO FURNISH AT LEAST IGINAL BID DOCUMENT MAY
RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they 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.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the bid as nonresponsive.

Please review the Sample Annual 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 services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

An agreement shall be awarded to the bidder(s) 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.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:

Bid Acknowledgement (Signature Form)
Pricing Schedule (Signature Form)
Bid Form
#6..
- 286 -
41 Exceptions, Clarifications, Amendments (if applicable) References
Financial Interest Disclosure Form (Signature Form)
Support of Local Vendors (if applicable)
Company History Statement
Addenda Acknowledgement Page (if applicable)
Failure to furnish any of these documents may result in disqualification.

2.1.3 BID PRESENTATION:

Bid submittals should be presented in the order as listed in Section 2.1.2 Complete Bid Document.

2.2 COMPLIANCE:

Bidders are required to Bid Acknowledgement and Financial Interest Disclosure Form ment, thereby acknowledging they are in full compliance with all requirements of Bid No. 2324-13, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

All permits and licenses necessary for the prosecution of the scope of work shall be secured and paid for by the Contractor, except those secured by the City and so noted.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note on the Exception, Clarifications, Amendments page 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.

2.4 PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section

7.04 of the General Provisions contained within the City standards shall apply.

City Standards Website: https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120

2.5 PRICING FORMAT:

All labor, equipment, fuel, tools, licenses and insurance necessary to perform the required services shall be included in bid pricing.

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 Contra place of business to the job site, or from site to site, or for the

2.6 PRICING SCHEDULE:

Bidders shall use the pricing schedule(s) provided in this document to present bid pricing. No other form(s) or format shall be accepted. Bid must be submitted on the Pricing Schedule(s) provided. No alterations should be #6..
- 287 -
42 made to the pricing schedule(s). Any exceptions, amendments or adjustments should be noted on the on page 20.

2.7 AWARD OF BID:

Award shall be based on providing the lowest responsive and responsible bid(s) meeting the IFB specifications.

Agreements may be awarded to more than one company in order to provide for backup, or in case the ractor is unable to meet The City may elect to award by line item, by group, or by all items.

The City reserves the right to decline to award an 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.

T
recommendation, the City Council reserves the right to award an agreement to the bidder that best suits the ermined by the City
recommendation for award.

2.8 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

2.9 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote 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 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 or quote of the lowest bidder in writing within five (5) 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.

2.10 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 the City, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two (2) years of any agreement, which may be awarded pursuant to this IFB.

B. Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by The Contractor(s) #6..
- 288 -
43 in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.11 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the right to review
knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause.

2.12 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.13 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.

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant agreement/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.

2.15 NON-DISCRIMINATION:

A. During the performance of this agreement, The Contractor and its 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), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The Contractor and 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 its 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 all subcontracts to perform work under the contract.

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 #6..
- 289 -
44 in no case less than twenty-four (24) hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE HANDICAPPED By executing this agreement, the bidder hereby certifies that he/she is following and 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.

2.17 DRUG FREE WORKPLACE:

Bidder/Contractor certifies that he/she is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded an agreement/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.

2.18 INDEMNITY:

The Contractor shall hold the city, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, 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 Contractor, or its agents, officers, employees, or volunteers relating to or during the performan defend, indemnify, and
hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this bid for Contractor to procure and maintain a policy of insurance. In the indemnity clause contained herein Contractor agrees to defend, indemnify and hold city harmless from the negligence of its employees, among other risks. 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 re apportioned to Contractor in
accordance with the provisions contained in indemnity.

2.19 ASSIGNMENT OF RIGHTS:

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 purchase of goods, services, or materials pursuant to this agreement or any sub-agreement. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY tender s final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

2.20 CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve the bidder of his/her responsibility to furnish the required items and service meeting all specifications contained herein.

2.21 BIDDER/SELLER REPRESENTATION:

The bidder/seller represents that:
#6..
- 290 -
45 A. He/She has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant purchase order and supporting data, and that he/she has, from the information contained in such documents, specifications, and data, fully acquainted him/her with all conditions relevant to the work.

B. He/She has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work.

C. He/She will complete the work for the compensation stated above.

D. He/She assumes full and complete responsibility for all conditions relevant to the work and all risks in connection therewith.

E. In addition, thereto, the bidder/seller represents that he/she is fully qualified to do the work in accordance with the terms of any Purchase Order or agreement issued within the time specified in it.

2.22 FAILURE TO PERFORM SATISFACTORY:

It is agreed and understood that if the CONTRACTOR fails to perform the work as specified herein, CITY's representative may (1) consent to accept such unsatisfactory service with an appropriate adjustment in agreement price, based on established cost factors, (2) have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or (3) recommend termination of agreement between said CONTRACTOR and the City of Modesto. Those discrepancies and deficiencies in the work 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 work not corrected or completed.

2.23 CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or private property by the Contractor or his employees or agents, the Contractor will be required to make repairs immediately. The CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or require CONTRACTOR to repair the damage to the satisfaction of the CITY at CONTRACTOR's expense.

2.24 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the date of receipt by the City Cler Modesto. "Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
#6..
- 291 -
46 "Announced Decision" includes th
Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest.

Procurements valued at $50,000 or less normally will not have an Announced Decision.

A. PROTEST PROCEDURES

1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

2. The protest shall be delivered or sent by registered mail and postmarked by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor; b. Identify the project under protest by name, Invitation for Bid (IFB)/Invitation for Proposal (RFP) number, and bid/RFP date;
c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

Cit
Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City
Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later #6..
- 292 -
47 than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.

2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. 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 record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. 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 fifteen (15) business 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 is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
fice
Attn: City Council
#6..
- 293 -
48 PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 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 $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. 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 (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwis 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.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven (7) business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto. Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14. #6..
- 294 -
49 2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision. In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.25 PAYMENT:

Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.

Electronic Payment Method:

The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. Notification of payments and counts Receivable contact by email
remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your Program.

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

2.26 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement. This Agreement may be modified and subject to change. #6..
- 295 -
50 SAMPLE ANNUAL AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Contractor, hereinafter called CONTRACTOR, W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2023-xx authorizing the award of bid and agreement for the TREE PRUNING AND REMOVAL SERVICES, attached hereto as a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible bid submittal that best meets the CITY needs, attached he ereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the TREE PRUNING AND REMOVAL SERVICES as described in IFB 2324-13, made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit B strict accordance with the conditions of the complete agreement. b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative. c. CONTRACTOR shall perform its duties under this agreement in accordance with the standard(s) of care prevailing in its industry.
d. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following agreement rates, not to exceed $_________________ annually.
#6..
- 296 -
51 AGREEMENT PRICING

ITEM DESCRIPTION UNIT OF
ISSUE
Payment of Prevailing Wages
Required

UNIT PRICE

TO BE COMPLETED AFTER BID

SUMITTAL

2. PREVAILING WAGES:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contained with the City standards shall apply.

DIR Project ID#: _________________

3. CITY REPRESENTATIVE:

City Representative is: Nathan Houx, Parks Planning and Development Manager (209) 571-5526 Purchasing Contact: ____________________ __________________________ The City Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the agreement, issued by the City of Modesto, Purchasing Division.

4. TERM OF AGREEMENT:

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

Year 1: 2023 through 2024
Year 2: 2024 through 2025
Year 3: 2025 through 2026
Year 4: 2026 through 2027
Year 5: 2027 through 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent agreement years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated #6..
- 297 -
52 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:

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, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by 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 and a $4,000,000 aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent CONTRACTOR and subcontractors; products and completed operations.
b) Automobile Liability insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
c) Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to 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 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.
#6..
- 298 -
53 The 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 Risk Manager.

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

6. PAYMENT:

CONTRACTOR shall invoice CITY at a minimum of a monthly basis. All invoices shall be paid in full within thirty (30) days after completion and acceptance of the services by the CITY, and receipt of a properly prepared invoice, subject to cash discounts allowed and stated in this bid document. 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:

Reference Annual Agreement #: _______________
CITY department/division name and address
Billing period
Service hours worked day and week
Service Location
Unit price, extended price, sales tax and total
Details of specific tasks completed at each location

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 #6..
- 299 -
54 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.

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

8. ARBITRATION:

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

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

Proof of insurance (approved by Risk Management); and
Business License; and
#6..
- 300 -
55 Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

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

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

The CITY shall provide no less than ten (10) calendar day written notice of its intent to terminate the agreement for convenience, and shall endeavor to provide the CONTRACTOR with consultation with the CITY prior to termination.

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 subcontractors except as necessary to complete any portion of the work that is not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the work not completed or undertaken, including materials not delivered; #6..
- 301 -
56 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 work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the work as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the work and/or property related to the work;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of work on the project.
i. The CONTRACTOR understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONTRACTOR for that portion of CONTR services which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONTRACTOR an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under 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 work such as subcontractor agreements or contracts for materials; b. The agreement price allocable to the portion of the work properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR.

Authorization to Terminate Agreement
Termination of the agreement may be invoked by the City Manager, or his/her designee, subject to the right of the CONTRACTOR to appeal the City Manager, or his/her designee Council. The CONTRACTOR shall appeal by notifying the City Clerk in writing within ten (10) calendar days after
#6..
- 302 -
57 receipt of written notification from CITY of termination of the agreement. In the event that termination of this agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims or any other claims for delay shall be retroactive to the date of termination selected by the City Manager or his/her designee.

12. COMPLIANCE WITH ALL LAWS:

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

13. AGREEMENT DOCUMENTS:

The complete agreement between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2023-_______;
b. Bid Submittal;
c. IFB
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division. All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

CONTRACTOR: __________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
#6..
- 303 -
58 Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

15. SIGNATOR (IES) FOR CONTRACTOR:

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

16. ASSIGNMENT:

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

17. WAIVER:

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

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

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

20. ENTIRE AGREEMENT:

This agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this agreement which vary f controlling and are deemed accepted by CONTRACTOR by shipment of any article or other commencement of performance hereunder. 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 all the parties.

21. PARTIAL INVALIDITY:

If any provision in this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
#6..
- 304 -
59 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. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 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: __________________________ By: _________________________________ DIANE NAYARES-PEREZ (Signature)
City Clerk
By: _________________________________
(SEAL) (Name & Title)

Date: _______________________________
APPROVED AS TO FORM:

By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________ JOSEPH F. RODRIQUEZ,
Risk Manager
#6..
- 305 -

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: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
#6..
- 306 -
#6..
- 307 -
#6..
- 308 -
#6..
- 309 -
#6..
- 310 -
#6..
- 311 -
10/10/2023/PRN/NHoux/Item 14 1 2023-455

MODESTO CITY COUNCIL
RESOLUTION NO. 2023-455

RESOLUTION APPROVING AGREEMENTS FOR TREE PRUNING AND
REMOVAL SERVICES WITH WEST COAST ARBORISTS, INC., ANAHEIM, CA; GREENTEK SERVICES, LLC, OROVILLE, CA; AND RUMBLE TREE, INC., MODESTO, CA IN A TOTAL AMOUNT BETWEEN ALL AGREEMENTS COMBINED NOT TO EXCEED $10,320,000 OVER FIVE YEARS AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENTS
WHEREAS, in recent years, the demand for tree pruning and removal services within the City
available time and resources; and
WHEREAS, s es raises safety concerns
and at this time there is a significant backlog of trees that need to be trimmed or removed and stumps that need to be ground; and
WHEREAS, the City does currently have an on-call vegetation management agreement with West Coast Arborists Inc., designed to address the myriad of services needed in the park system, but that agreement has been amended over the past year a couple times and City staff believes a new contract(s) to address a significant increase in additional tree pruning and removal services at all parks, street landscapes and other city properties are needed; and
WHEREAS, with an increase in funding for vegetation management over the past couple of years, the current agreement with West Coast Arborists, Inc. is continually reaching its yearly cap and is not available for other tree pruning and removal services; and
WHEREAS, on July 21, 2023, the City Manager authorized the issuing of a formal Invitation for Bids (IFB) for the furnishing of Tree Pruning and Removal #6..
- 312 -
10/10/2023/PRN/NHoux/Item 14 2 2023-455
Services; and
WHEREAS, on July 25, 2023, the Purchasing Division issued IFB 2324-13 for Tree Pruning and Removal and twentyseven (27) companies downloaded the IFB document; and WHEREAS, on August 15, 2023, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream with seven (7) companies responded and two (2) were local vendors; and
WHEREAS, based on providing the lowest responsive and responsible bid, staff recommends awarding three agreements for tree pruning and removal services as follows:

1. Agreement #1, Park Tree Services - $1,165,000 annually for Parks Tree Services to West Coast Arborists, Inc., Anaheim, CA, for a five-year total not to exceed total of $5,825,000

2. Agreement #2, Street Tree Services $635,000 annually for Street Tree Services to Greentek Services, LLC, Oroville, CA, for a five-year total not to exceed total of $3,175,000

3. Agreement #3, Tree Removal and Stump Grinding Services Only $520,000 the first year and $200,000 annually in future years for Tree Removal and Stump Grinding Services to Rumble Tree, Inc., Modesto, CA, for a five-year total not to exceed total of $1,320,000 WHEREAS, staff recommends a separate contract for Parks Trees and Street Trees due to the bid pricing and to ensure that one contractor is not overwhelmed by the workload requested; and
WHEREAS, staff recommends a secondary contractor for the furnishing of tree #6..
- 313 -
10/10/2023/PRN/NHoux/Item 14 3 2023-455
removal and stump grinding services specifically due to the significantly lower price for these services from Rumble Trees, Inc.; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $50,000 for material, equipment, or contractual services to follow the formal bid procedures and the award of bids outlined conform to the Modesto Municipal Code because the City complied with the formal bid procedures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid and agreement for Tree Pruning and Removal Services with West Coast Arborists, Inc., Anaheim, CA; Greentek Services, LLC, Oroville, CA; and Rumble Tree, Inc., Modesto, CA, in a total amount between all agreements combined not to exceed $10,320,000 over five years.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreements, in a form approved by the City Attorney. #6..
- 314 -
#6..
- 315 -
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
#6..
- 316 -
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.
__8/15/25________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
Greentek Services LLC, Melissa Huizinga
#6..
- 317 -

MODESTO

CALIFORNIA
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 Councilmembers):

NO
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
#6..
- 318 -
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.
8/6/25
Date
QU
Signature of authorized individual
Charles D.

Rumble Tree Inc. Rumble
Company/Applicant Name
#6..
- 319 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 25, 2025
Date: October 28, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Purchase and Sale Agreement
Portion of Assessor’s Parcel Number 016-034-014-000
Grayson Water Infrastructure Project
CONTACT: Edgar Vargas, Senior Civil Engineer, [email protected], 209-577-5424 DESCRIPTION:

Consider approving the purchase of 30,487 square feet of real property located at Assessor’s Parcel Number 016-034-014-000, Grayson, CA, owned by Stanislaus County for $91,461, plus $10,000 in closing costs to be used for the Grayson Water Infrastructure Improvements Project. (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 Grayson 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 278 water connections, two wells (Well 69, Well 295), one 0.22 million-gallon (MG) at-grade steel tank (Tank 9), a booster pump station equipped with two 50 horsepower pumps, approximately 17,170 linear feet of water distribution pipelines, and an ion exchange treatment system.

As part of an effort to improve service to the customers of Grayson a hydraulic assessment of the Grayson Water System was performed to evaluate the system’s ability to meet the community’s current and build-out demands. Based on the needs identified in the assessment, the Grayson Water Infrastructure Project will design and construct the following improvements:
250,000 Gallon Storage Tank to Replace Tank No. 9
1,000,000 Gallon Booster Pump Station
#7..
- 320 -
City Council, November 25, 2025
Purchase and Sale Agreement
Portion of Assessor’s Parcel Number 016-034-014-000
Grayson Water Infrastructure Project