Economic Development Committee
April 6, 2026

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. Acknowledgements
IFB ACKNOWLEDGEMENT*
Pass
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
PREPARATION OF BIDS*
Pass
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
SAFETY DATA SHEETS*
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Product labels and SDS are required on all chemicals used in performing services described in this IFB. Bidders shall provide these items with their bid submittal.

The chemical root control agent shall be (anhydrous) Sodium Methyldithiocarbamate (Metam-Sodium) or Diquat product and approved by the City prior to award. Please upload the appropriate documents.

Razorooter_SDS.pdf
TAXES AND FREIGHT CHARGES*
Pass
Bidder acknowledges that:

A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.

B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid.

C. Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.

D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
AWARD*
Pass
Bidder Acknowledges that:

A. Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

B. Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.

C. A valid, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
PATENT INDEMNITY*
Pass
Bidder Acknowledges:

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.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
SAMPLES*
Pass
Bidder Acknowledges:

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

By checking the "please confirm" box below, you acknowledge the above statement. #3..
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Confirmed
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
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Bidder Acknowledges:

A. In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.

B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.

C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
PAYMENT TERMS AND METHODS*
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BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Option A (Preferred): City of Modesto ePay Payment:

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

Option B – Manual Check:

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

Option A (Preferred)
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Pass
Bidder Acknowledges:

In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act #3..
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

(Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
NO GUARANTEE OR WARRANTY*
Pass
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
MINOR IRREGULARITIES*
Pass
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed

2. Bidder Company Information
BIDDER COMPANY FULL LEGAL NAME*
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.

Dukes Root Control Inc.

BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Pass
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.

NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.

Dukes Root Control Inc.

TYPE OF LEGAL ENTITY*
Pass
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question.

Yes
TYPE OF LEGAL ENTITY - SELECT*
Pass
Please select which of the following legal entity options under which the Bidder Company operates.

Corporation
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

LEGAL ENTITY STATE OF REGISTRATION*
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In which State is the Bidder Company registered?
New York
BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
3983 Eastbourne Dr
Syracuse, NY 13206
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company. https://www.dukes.com/
CONTACT PERSON DETAILS*
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Please provide the following information for the Contact person for this bid:
• Name
• Title
• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
Krystian Borkowski
Opportunity Coordinator
8004476687
400 Airport Rd. Suite E
Elgin, IL 6012
[email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 75-3026801

DUNS & BRADSTREET (DUNS) NUMBER
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Pass
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here. 11-777-1065
BIDDER OFFICER NAMES AND TITLES*
Pass
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
• Full Name, Full Title
• Full Name, Full Title
Matt Fishbune President and CEO
Richelle Owens Chief of Staff
Dean Monk Senior VP Operations
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 75 CLOSEST BIDDER OFFICE*
Pass
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

• City
• State
• Country
• Postal Code
400 Airport Rd. Suite E
Elgin, IL 6012
CITY OF MODESTO BUSINESS LICENSE*
Pass
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.

Yes
CITY OF MODESTO BUSINESS LICENSE NUMBER*
Pass
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
1304194
STATE OF CALIFORNIA CONTRACTOR LICENSE*
Pass
CA_-_Contractor_License_-_11-30-25_-_SCREENSHOT.pdf
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

DIR REGISTRATION NUMBER*
Pass
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available). 1000003539
Click to Verify Value will be copied to clipboard
DIR REGISTRATION EXPIRATION DATE*
Pass
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number. 06/30/2027
CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION BUSINESS LICENSE* Pass
Pesticide_BL_exp_12.31.26.pdf
CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION BUSINESS LICENSE * Pass
Please enter your California Department of Pesticide Regulation Business License Number:
32297
NAME OF PROPOSED CHEMICAL ROOT CONTROL AGENT*
Pass
List the name of the Proposed Chemical Root Control Agent:

Razzorooter
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ROOT CONTROL AND AGENT REGISTRATION NUMBER* Pass
20220726_94625_Add_Chng_Ltr.pdf
EPA_Letter_-_Razorooter.pdf
CALIFORNIA ROOT CONTROL AGENT REGISTRATION NUMBER*
Pass
JERRY_MILLER_EXP_12.31.25.pdf
CALIFORNIA ROOT CONTROL AGENT REGISTRATION*
Pass
Please enter your California Root Control Agent Registration Number:
164023
APPLICATOR'S CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION CERTIFICATION* Pass
Pesticide_BL_exp_12.31.26.pdf
UNITED STATES DEPARTMENT OF TRANSPORTATION (DOT)*
Pass
Please enter your United States Department of Transportation Number:
1559146

3. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Pass
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? No
BIDDER CUSTOMER REFERENCES*
Pass
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Bidder_Customer_References.pdf
FINANCIAL INTEREST DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...

Financial_Intrest_Disclosure.pdf
LOCAL VENDOR?*
Pass
Is the Bidder a local vendor as defined by the following requirement? 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.

No
BIDDER COMPANY HISTORY STATEMENT*
Pass
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...

Bidder_Company_History_Statement.pdf
BIDDER WARRANTY STATEMENTS*
Pass
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Bidder_Warranty_Statement.pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Pass
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...

Resumes.pdf
SUBCONTRACTORS?*
Pass
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No
CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. #3..
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

• Modesto_Levine_Act_Statemen...

California_Levin_Act_Disclosure.pdf

4. Additional Bid Information

ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

No response submitted
SUBMITTAL CONFIRMATION*
Pass
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement.

Confirmed

PRICE TABLES
Line Item Description Estimated
Quantity
Unit of
Measure
Unit Cost Total
1 4" Pipe 228 LF $1.65 $376.20
2 6" Pipe 50,000 LF $1.65 $82,500.00
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[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Sewer Root Control Services

Line Item Description Estimated
Quantity
Unit of
Measure
Unit Cost Total
3 8" Pipe 5,000 LF $1.65 $8,250.00
4 10" Pipe 2,000 LF $1.65 $3,300.00
5 12" Pipe 1,000 LF $1.65 $1,650.00
6 13" to 17" Pipe 800 LF $1.65 $1,320.00
7 18" to 24" Pipe 170 LF $1.65 $280.50
TOTAL $97,676.70
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Duke's Root Control, Inc. Page 1 of 7
RAZOROOTER®

SAFETY DATA SHEET
SECTION 1: PRODUCT IDENTIFICATION
Product Identity:

Use:

Manufacturer:

Manufacturer Phone:

Current Revision:

Emergency Telephone Number:

RAZOROOTER®
Herbicide
Duke's Root Control, Inc.
1020 Hiawatha Blvd., West
Syracuse, NY 13204
315-472-4781
08/07/2019
Transportation (24 Hours) CHEMTREC: 800-424-9300
Outside the United States call 202-483-7616 (collect calls accepted.) FOR 24-HOUR EMERGENCY MEDICAL ASSISTANCE CALL PROSAR 1-800-391-2584 SECTION 2: HAZARDS IDENTIFICATION
Classifications: Corrosive to Metals: Category 1
Oral: Category 4
Inhalation: Category 3
Specific target Organ Toxicity: Repeated Category 2
Eye Damage/Irritation: Category 2B
Signal Word (OSHA) Danger
Hazard Statements: May be corrosive to metals
Harmful if swallowed
Causes eye irritation
Toxic if inhaled
May cause damage to organs through prolonged or repeated exposure Hazard Symbols:

Precautionary Statements: Keep only in original container.

Do not breath mist, vapors, spray.

Wash hands and face thoroughly after handling.

Do not eat drink or smoke when using this product.

Use only outdoors or in a well-ventilated area.

If swallowed: Call a poison center, doctor or Prosar if you feel unwell. Rinse mouth.

If inhaled: Remove person to fresh air and keep comfortable for breathing.

If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses if Present and easy to do. Continue rinsing.

Call a poison center, doctor or Prosar.

Get medical advice if you feel unwell.

See Section 4 First Aid Measures.
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Duke's Root Control, Inc. Page 2 of 7
RAZOROOTER®

SAFETY DATA SHEET
SECTION 2: HAZARDS IDENTIFICATION (cont’d)
If eye irritation persists: Get medical advice.

Absorb spillage to prevent material damage.

Store locked up.

Store in corrosive resistant plastic, plastic-lined steel, stainless steel or fiberglass container.

Dispose of contents and container in accordance with local regulations.

Other Hazard Statements: Flammable hydrogen gas may be formed on contact with incompatible metals.

See “Conditions to Avoid”, Section 10. .

SECTION 3: COMPOSITION/INFORMATION ON INGREDIENTS
Chemical Name Common Name CAS Number Concentration
Other Ingredients Other Ingredients Trade Secret 62.7%
[6,7-dihydrodipyrido(1,2-a:2’,1’-c) Diquat Dibromide 85-00-7 37.3% pyrazinediium dibromide]
Ingredients not precisely identified are proprietary or non-hazardous. Values are not product specifications.

SECTION 4: FIRST AID MEASURES
Have the product container, label or Safety Data Sheet with you when calling Prosar (800-391-2584), a poison control center or doctor, or going for treatment.

Ingestion: If swallowed: Call Prosar (800-391-2584), a poison control center or doctor immediately for treatment advice. Do not give any liquid to the person. Do not induce vomiting unless told to do so after contacting Prosar (800-391-2584) or by a poison control center or doctor. Do not give anything by mouth to an unconscious person.

Eye Contact: If in eyes: Hold eye open and rinse slowly and gently with water for 15-20 minutes. Remove contact lenses, if present, after 5 minutes, then continue rinsing eye. Call Prosar (800-391- 2584), a poison control center or doctor for treatment advice.

Skin Contact: If on skin or clothing: Take off contaminated clothing. Rinse skin immediately with plenty of water for 15-20 minutes. Call Prosar (800-391-2584), a poison control center or doctor for treatment advice.

Inhalation: If inhaled: Move person to fresh air. If person is not breathing, call 911 or an ambulance, then give artificial respiration, preferably mouth-to-mouth if possible. Call Prosar (800-391-2584), a poison control center or doctor for further treatment advice.

Most important symptoms/effects: Eye irritation
Indication of immediate medical attention and special treatment needed:

To be effective, treatment for ingestion of the product must begin IMMEDIATELY. Treatment consists of binding the active ingredient, diquat, in the gut with suspensions of activated charcoal or bentonite clay, administration of cathartics to enhance elimination and removal of diquat from the blood by charcoal hemoperfusion or continuous hemodialysis. #3..
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Duke's Root Control, Inc. Page 3 of 7
RAZOROOTER®

SAFETY DATA SHEET
SECTION 5: FIRE FIGHTING MEASURES
Suitable (and unsuitable) extinguishing media:

Use dry chemical , foam or CO2 extinguishing media. If water is used to fight fire, dike and collect runoff.

Specific Hazards:

This product may form flammable and explosive hydrogen gas when in contact with aluminum.

During a fire, irritating and possibly toxic gases may be generated by thermal decomposition or combustion.

Special protective equipment and precautions for firefighters:

Wear full protective clothing and self-contained breathing apparatus. Evacuate nonessential personnel from the area to prevent human exposure to fire, smoke, fumes or products of combustion.

SECTION 6: ACCIDENTAL RELEASE MEASURES
Personal precautions, protective equipment, and emergency procedures:

Follow exposure controls/personal protection outlined in Section 8.

Methods and materials for containment and cleaning up:

Control the spill at its source. Contain the spill to prevent from spreading or contaminating soil or from entering sewage and drainage systems, or any body of water. Clean up spills immediately, observing precautions outlined in Section 8. Cover entire spill with absorbing material and place into compatible disposal container. Scrub area with hard water detergent (e.g. commercial products suchTide, Joy, Spic and Span). Pick up wash liquid with additional absorbent and place into compatible disposal container. Once all material is cleaned up and placed in a disposal container, seal container, and arrange for disposition.

SECTION 7: HANDLING AND STORAGE
Precautions for safe handling:

This product reacts with aluminum to produce flammable hydrogen gas. Do not mix or store in containers or systems made of aluminum or having aluminum fittings.

Store the material in a well-ventilated, secure area out of reach of children and domestic animals. Do not store food, beverages or tobacco products in the storage area. Prevent eating, drinking, tobacco use, and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling.

Conditions for safe storage, including any incompatibilities: Store locked up SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION

THE FOLLOWING RECOMMENDATIONS FOR EXPOSURE CONTROLS/PERSONAL PROTECTION ARE INTENDED FOR THE MANUFACTURE, FORMULATION AND PACKAGING OF THIS PRODUCT.

FOR COMMERCIAL APPLICATIONS CONSULT THE PRODUCT LABEL.

Occupational Exposure Limits:

Chemical Name OSHA PEL ACGIH TLV Other Source
Other Ingredients Not Applicable Not Applicable Not Applicable Not Applicable Diquat Dibromide Not Established 0.5 mg/m³ TWA 0.5 mg/m³ TWA (0.5 Manufacturer Total; 0.08 respirable)
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RAZOROOTER®

SAFETY DATA SHEET
SECTION 8: EXPOSURE CONTROLS/PERSONAL PROTECTION (cont’d) Appropriate engineering controls:

Use effective engineering controls to comply with occupational exposure limits (if applicable).

Individual protection measures:

Ingestion: Prevent eating, drinking, tobacco usage and cosmetic application in areas where there is a potential for exposure to the material. Wash thoroughly with soap and water after handling.

Eye Contact: Where eye contact is likely, use chemical splash goggles.

Skin Contact: Where contact is likely, wear chemical-resistant gloves (such as barrier laminate, butyl rubber, Nitrile rubber, neoprene rubber, natural rubber, polyvinyl chloride [PVC] or Viton), coveralls, socks and chemical-resistant footwear.

Inhalation: A respirator is not normally required when handling this substance. Use effective engineering controls to comply with occupational exposure limits.

In case of emergency spills, use a NIOSH approved respirator with any N, R, P or HE filter.

SECTION 9: PHYSICAL AND CHEMICAL PROPERTIES
Appearance: Dark brown liquid
Odor: Odorless
Odor Threshold: Not Available
pH: 4 - 6
Melting point/freezing point: Not Applicable
Initial boiling point and boiling range: Not Available
Flash Point (Test Method): Not Applicable
Flammable Limits (% in Air): Not Available
Flammability: Not Applicable
Vapor Pressure: Diquat Dibromide <10(-8) mmHg @ 77°F (25°C) Vapor Density : Not Available
Relative Density : 1.202 g/ml @ 68°F (20°C)
Solubility (ies): Diquat Dibromide 718,000 mg/I @ 68°F (20°C) and pH 7.2 Partition coefficient: n-octanol/water: Not Available
Autoignition Temperature: Not Applicable
Decomposition Temperature: Not Available
Viscosity: Not Available
Other: None
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Duke's Root Control, Inc. Page 5 of 7
RAZOROOTER®

SAFETY DATA SHEET
SECTION 10: STABILITY AND REACTIVITY
Reactivity: Not reactive.

Chemical stability: Stable under normal use and storage conditions.

Possiblity of hazardous reactions: Will not occur.

Conditions to Avoid: Concentrate should not be stored in aluminum containers. Spray solutions should not be mixed, stored or applied in containers other than plastic, plastic-lined steel, stainless steel or fiberglass.

Incompatible materials: None known.

Hazardous Decomposition Products: Flammable hydrogen gas may be formed on contact with aluminum. See “Conditions to Avoid”, Section 10.

SECTION 11: TOXICOLOGICAL INFORMATION
Health effects information
Likely routes of exposure: Dermal, Inhalation
Symptoms of exposure: Eye irritation
Delayed, immediate and chronic effects of exposure: Eye irritation Numerical measures of toxicity (acute toxicity/irritation studies [finished product]) Ingestion: Oral (LD50 Female Rat): 886 mg/kg body weight Dermal: Dermal (LD50 Rabbit): > 5050 mg/kg body weight
Inhalation: Inhalation (LC50 Rat): 0.62 mg/l air – 4 hours Eye Contact: Mildly Irritating (Rabbit)
Skin Contact: Slightly Irritating (Rabbit)
Skin Sensitization: Not a Sensitizer (Guinea Pig)
Reproductive/Developmental Effects
Diquat Dibromide: Mutagenicity: No evidence in in vivo assays Development Toxicity: In rabbit studies a small percentage of fetuses had minor defects at 3 and 10 mg ion/kg/d.

Chronic/Subchronic Toxicity Studies
Diquat Dibromide: Kidney weight decreases and cataracts seen in dogs at 12.5 mg ion/kg/d No evidence for neurotoxic effects in rats dosed up to 400 ppm ion in diet for 13 weeks Carcinogenicity
Diquat Dibromide: No evidence of carcinogenicity in rat and mouse studies.

Chemical Name NTP/IARC/OSHA Carcinogen
Other ingredients No
[6,7-dihydrodipyrido(1,2-a:2’,1’- No
c)pyrazinediium dibromide]
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Duke's Root Control, Inc. Page 6 of 7
RAZOROOTER®

SAFETY DATA SHEET
SECTION 11: TOXICOLOGICAL INFORMATION (cont’d)
Other Toxicity Information None
Toxicity of Other Components
Other ingredients Not Applicable
Target Organs
Active ingredients Diquate Dibromide: Eye, kidney
Inert ingredients Other ingredients: Not Applicable
SECTION 12: ECOLOGICAL INFORMATION
Eco-Acute Toxicity Diquat Dibromide: Fish (Rainbow Trout) 96- hour LC50 14.83 ppm Invertebrate (Water Flea) Daphnia Magna 48-hour EC50 0.77 ppm Green Algae 4-day EC50 9.4 ppb
Bird (Mallard Duck) 14-day LD50 60.6 mg/kg
Environmental Fate Diquat Dibromide: The information presented here is for the active ingredient, diquat dibromide. Stable in soil and water. Immobile in soil.

Sinks in water (after 24 h)
SECTION 13: DISPOSAL CONSIDERATIONS
Disposal: Do not reuse product containers. Dispose of product containers, waste containers, and residues according to local, state, and federal health and environmental regulations.

Characteristic Waste: Not Applicable
Listed Waste: Not Applicable
SECTION 14: TRANSPORT INFORMATION
DOT Classification Ground Transport – NAFTA
Proper Shipping Name: Corrosive Liquid, N.O.S. (Diquat Dibromide) Hazard Class: Class 8
Identification Number: UN 1760
Packing Group: PG III
Comments Water Transport International
Proper Shipping Name: Corrosive Liquid N.O.S. (Diquat Dibromide), Marine Pollutant Hazard Class: Class 8
Identification Number: UN 1760
Packing Group: PG III
Air Transport
Proper Shipping Name: Corrosive Liquid, N.O.S. (Diquat Dibromide) Hazard Class: Class 8
Identification Number: UN 1760
Packing Group: PG III
SECTION 15: REGULATORY INFORMATION
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Duke's Root Control, Inc. Page 7 of 7
RAZOROOTER®

SAFETY DATA SHEET
Pesticide Registration:

This chemical is a pesticide product registered by the Environmental Protection Agency and is subject to certain labeling requirements under federal pesticide law. These requirements differ from the classification criteria and hazard information required for safety data sheet, and for workplace labels of non-pesticide chemicals. Following is the hazard information as required on the pesticide label:

Caution: Harmful if inhaled. Harmful if swallowed. Causes moderate eye irritation. Avoid breathing spray mist. Remove and wash contaminated clothing before reuse. Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, or using tobacco. Avoid contact with eyes or clothing. Wear protective eyewear. Wear long sleeve shirt and long pants, socks, shoes and gloves.

EPA Registration Number: 94625-3
EPCRA SARA Title III Classification:

Section 311/312 Hazard Classes: Acute Health Hazard
Section 313 Toxic Chemicals: None
California Proposition 65 None
CERCLA/SARA 304 Reportable Quantity (RQ)
Report product spills >= 268 gal. (based on diquat [RQ = 1,000 lbs.] content in the formulation) RCRA Hazardous Waste Classification (40 CFR 261)
Not Applicable
TSCA Status
Exempt from TSCA, subject to FIFRA
SECTION 16: OTHER INFORMATION
NFPA Hazard Ratings HMIS Hazard Ratings
Health: 2 Health: 2
Flammability: 1 Flammability: 1
Instability: 0 Reactivity: 0
0 Minimal
1 Slight
2 Moderate
3 Serious
4 Extreme
* Chronic
Original Issued Date: 4/11/2002
Revision Date: 6/1/2015 Replaces: 11/10/2014 Sections Revised: 1-16 Duke's Root Control, Inc. believes that the information and recommendations contained herein (including data and statements) are accurate as of the date thereof. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF

MERCHANTABILITY, OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE CONCERNING THE INFORMATION PROVIDED HEREIN. The information provided herein relates to the specific product designated and may not be valid where such product is used in combination with any other materials or in any process. Further, since the conditions and methods of use of the product and of the information referred to herein are beyond the control of Duke's Root Control, Inc., Duke's Root Control, Inc. expressly disclaims any and all liability as to any results obtained or arising from any use of the product or reliance on such information.
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Enclosures
cc: Braden Boyko; Duke’s Root Control Inc.
4110 136TH ST CT NW
GIG HARBOR, WA 98332
T: (253) 853-7369
[email protected]
July 26, 2022

EMAIL DELIVERY
[email protected]
Document Processing Desk (COADR)
Office of Pesticide Programs (7504P)
ATTN: Louis Vaughn
U.S. Environmental Protection Agency
Room S-4900, One Potomac Yard
2777 S. Crystal Drive
Arlington, VA 22202-4501
RE: Change in Company Address for Duke’s Root Control Inc. (EPA Company Number 94625) Dear Mr. Vaughn,
Please let this letter serve as notice to the Agency that the company address for Duke’s Root Control Inc. (Co. No. 94625) has changed.

The current address of record is:

Duke’s Root Control Inc.
1020 Hiawatha Blvd., West
Syracuse, NY 13204
The NEW address of record is:

Duke’s Root Control Inc.
400 Airport Road, Suite E
Elgin, IL 60123
Agent Address:

Pyxis Regulatory Consulting, Inc.

Agent for Duke’s Root Control Inc.
4110 136th Street Ct. NW
Gig Harbor, WA 98332
Phone: (253) 853-7369
Note: A letter of authorization from Duke’s Root Control Inc. authorizing Pyxis Regulatory Consulting, Inc. to act on their behalf is attached. Please direct all Agency correspondence to Pyxis Regulatory Consulting, Inc. If you have any questions, please do not hesitate to contact me at 253-853-7369 or [email protected].

Sincerely,
Arianna Shorey
Agent for Duke’s Root Control Inc.
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DUKE’S
ROOT CONTROL, INC.
1020 Hiawatha Blvd., West
Syracuse, NY  13204‐1131
1‐800‐44‐ROOTS
(315) 472‐4781
Fax (315) 475‐4203
The Full‐Service Root Control Experts
SYRACUSE • DALLAS • ATLANTA • COLUMBUS • CHICAGO
OAKLAND • PORTLAND • DENVER
April 2, 2019
To Whom It May Concern:

RE: Letter of Authorization
Dear Sir or Madam:

Please let this letter serve to confirm that Pyxis Regulatory Consulting, Inc. is authorized to act as agent for Duke’s Root Control Inc. (EPA Company Number pending), before the U.S. Environmental Protection Agency and state governmental agencies in all matters regarding our pesticide registrations pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), 7 U.S.C. § 136 et seq. and state law.

Please note that all Official Mail should be directed to Pyxis Regulatory Consulting, Inc. at the following address:

Pyxis Regulatory Consulting, Inc.
4110 136th Street Ct. NW
Gig Harbor, WA 98332
If you have any questions, please do not hesitate to contact me.

Sincerely,
Braden L. Boyko
Vice President
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BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value $
New Castle County, Delaware
87 Read's Way
New Castle,DE 19720
Kevin Penoza, PE
[email protected]
302-295-5723
County
2022
232,000.00
WSSC
14501 Sweitzer Ln, Laure
Prince George's, MD, 20707
Andres Villaraga
[email protected]
301-206-8006
Waste Water Utilities
2022
1,300,000.00
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Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value $
City of Runnemede, NJ
24 N. BLACK HORSE PIKE
Camden, NJ, 08078
Pat Moriarty
[email protected]
856-931-0646
City
2024-2025
19,700.00
Borough of Haddonfield, NJ
204 CARRIAGE LANE
Burlington, NJ, 08075
Donna Slack
[email protected]
856-764-6922
Borough
2023-2025
126,620.00
Charlotte Water, NC
600 E 4th St
Mecklenburg, NC, 28202
Mike Wirth
[email protected]
704-336-8507
Water Utilities
2022-2025
225,000.00
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BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

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

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

Insert Bidder Company History Overview Statement Beginning Here:
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BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, terms and conditions in conformance with the specifications and requirements set forth in this IFB.

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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DUKES.COM 800.447.6687

GUARANTEE
We guarantee to kill all the roots in every sewer we treat and to eliminate the main line stoppages caused by live tree roots.

If live roots are found in a sewer within six months after the application, or if a treated sewer plugs up and floods due to tree roots during the guarantee period (see below), we will re-treat that section, at our own expense, or remit to the customer 100% of the payment we received to treat that section of sewer.

The decision of the customer as to the cause of the plug-up is binding.

This guarantee applies only to sewer stoppages caused by live tree roots. It does not apply to stoppages caused by grease or other foreign matter; flat, collapsed or deformed pipe; or flooding caused by a surcharged or plugged sewer section downstream from a guaranteed sewer section. This guarantee applies to main line sewers only.

Guarantee Period
Any section of sanitary sewer we treat will not plug up and flood due to tree root obstructions for a period of two years. The guarantee period begins on the date of treatment and ends two years after the date of treatment.

Extended Guarantee with Repeat Treatments
Whenever we perform a repeat application to a section of sewer within six months of the expiration of the previous guarantee, the guarantee is extended for an additional three years. Re-treatments performed at no charge in honor of the guarantee do not extend the expiration date of the guarantee.

Liability
Duke’s is an insured, fully-licensed pesticide application company and is certified to apply EPS-registered herbicides to sanitary sewers in compliance with Federal and State regulations. Duke’s accepts responsibility for any damage to above-ground vegetation. Duke’s is not responsible for damages caused by sewer stoppages. #3..
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.

NAME, ROLE, COMPANY LOCATION, YEARS EXPERIENCE,
EDUCATION, LICENsES, TRAINING RELEVANT PROJECT EXPERIENCE Dean Monk

V P, O P E R AT I O N S
• OSHA Confined Space Entry
• OSHA 10-Hour
• NASSCO PACP, MACP, LACP
• Traffic Control
• CPR/First Aid
• MAPS Management Training
• AZDEQ Grade 2 Wastewater
Operations Certification
• City of Los Angeles, CA - Cleaning/CCTV and
Condition Assessments
• Pima County, AZ - Wastewater CCTV Inspections
• Los Angeles County, CA - Sanitation District CCTV
Dean's will provide the staff and operational resources to execute the program. His team of project coordinators, field superintendents and field technicians will ensure that your project is done right and on time. Dean has extensive experience in managing condition assessment projects and maintenance/rehabilitation services for large, complex infrastructure systems and is dedicated to improving the industry with new technology.

DAN WITOWSKI

PROJECT MANAGER
• 10 years of experience
• BS, Environmental
Geoscience
• PACP/MACP/LACP, NASSCO,
#P0037319-042022
• Professional Management
Institute, PMP Certificate
(Expected Dec 2022)
• Village of Lombard, IL | 2022 SSES, Smoke Testing
• Village of Wauconda, IL | 2022 Smoke Testing Study
• Washington County Sewer Authority (Thompson &
Litton Engineering) | ITracker Microdetection Study
2022
• Hewitt, TX – iTracker Microdetection Program
Dan oversees the performance of the field investigations, data gathering, inspections. He coordinates all project status meetings internally and externally and coordinates permitting or other specific project needs. Dan's focus is 100% project completion, done safely, on time and on budget.

CITY OF AURORA | MAY 5, 2023
PAGE 5
CSO 4 SMOKE TESTING #3..
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NAME, ROLE, COMPANY LOCATION, YEARS EXPERIENCE,
EDUCATION, LICENsES, TRAINING RELEVANT PROJECT EXPERIENCE

MIKE SCHEIDLER

F I E L D

S U P E R I N T E N D E N T
• 24 years of experience
• Fire Science Degree,
McHenry College
• Flagger, Confined Space and
Hazmat Certified
• PACP/MACP/LACP Certified
by NASSCO, #U-0720-
70310016
• City of Woodbury, MN | 2018 Easement Manhole
Rehabilitation Program
• City of Hearne, TX | 2021 SSES Triage Program
• City of Warrenville, IL | 2022 Manhole Rehabilitation Program
• City of Fredericksburg, VA | 2021-2022
Microdetection and Flow Study Project
• City of McKinney, TX | 2022 SSES Triage Program
Mike manages the field technicians, coordinates traffic control, assists with issues that arise in the field, and serves as the primary point of contact during field work.

Darren Bouldin

GIS/DATA SPECIALIST
• 8 years of experience
• BS, Human Geography, East
Carolina University
• GIS Certificate, East Carolina
University
• Advanced and Coastal GIS
Training
• PACP/MACP/LACP Certified
by NASSCO, #U-0917-
07009187
• City of Myrtle Beach, SC - 2019 Manhole Inspections
• City of Columbia, SC - Wastewater Collection
System Manhole Survey, TO #1, Amendment #3
• City of Columbia, SC - Wastewater Collection
System Manhole Survey, TO #1, Amendment #2
(Manhole Inspections)
• City of Goldsboro, NC - Sewer Inspection and
Mapping Updates
• Winston-Salem City/County Utilities, NC - Water
and Sewer Mapping
• City of Reidsville, NC - GIS Sewer Mapping and Data
Processing
Darren will be responsible for data review, QA/QC, GIS, and mapping activities. He is also responsible for data delivery and integration.

Jeff Koonce

G I S M A N A G E R
• 17 years of experience
• MA, Teaching, University of
North Carolina at Chapel Hill
• BS, Horticulture, Clemson
University
• PACP/MACP/LACP Certified
by NASSCO, #U-1116-
07006058
• City of Myrtle Beach, SC - 2019 Manhole Inspections
City of Columbia, SC - Wastewater Collection
System Manhole Survey, TO #1, Amendment #3
• City of Columbia, SC - Wastewater Collection
System Manhole Survey, TO #1, Amendment #2
• City of Columbia, SC (Engineer: Brown and Caldwell)
- Rocky Branch 01 SSES
• City of Columbia, SC (Engineer: MWH) - Smith
Branch 02 SSES
• Winston-Salem City/County Utilities, NC - Water
and Sewer Mapping
Jeff has oversight for the data elements of project and will be responsible for the day-to-day needs of the project. He will ensure budget and schedule adherence and manage QA/QC of the project.

CITY OF AURORA | MAY 5, 2023
PAGE 6
CSO 4 SMOKE TESTING #3..
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1 Exhibit D:

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

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

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

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

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

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

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

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

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

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

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

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

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

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

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

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

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and #3..
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3 endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

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

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 6, 2026
Date: March 18, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider the Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services with Bertolotti Modesto Disposal, Inc., Modesto, CA, for a total amount not to exceed $158,946 over five (5) years and forwarding to Council for approval. (Funding Source: Sewer Operations Funds)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City of Modesto uses Republic Services, Inc., Forward Landfill (Forward), to dispose of Wastewater Screening and Grit. Forward is located in Manteca, CA, and is the closest landfill to the City that is approved by the Central Valley Regional Water Quality Control Board to accept wastewater solids. The City must contract with a trucking company to move the City owned bins filled with the grit to Forward Landfill. #4..
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Economic Development Committee, April 6, 2026
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Wastewater Screening and Grit (Grit) removal is part of the City’s wastewater treatment process. Grit (dirt, rocks, sand, eggshells, etc.) enters the Sutter Wastewater Treatment plant through pipelines from the City’s collection system. Part of the treatment process is to isolate and remove these items. The grit must be profiled and properly disposed of at a permitted landfill.

On April 9, 2024, by Resolution 2024-121, Council approved an agreement for the transport of non-hazardous wastewater debris to disposal site services with Compactor Management Company LLC, Union City, CA. However, the vendor has implemented substantial price increases over the term of the agreement, resulting in costs that are no longer fiscally sustainable for the City. To ensure prudent stewardship of public funds, staff propose terminating the agreement with Compactor Management Company LLC in year three (3) and transition services into a more cost-effective provider.

DISCUSSION:

On October 8, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services. On December 15, 2025, The Wastewater Division issued an Invitation to Bid (IFB) – 00049 for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services on the City’s OpenGov public bidding website under various commodity codes1. 4,555 prospective bidders were notified online, which included forty-nine (49) local vendors. Thirty-five (35) companies downloaded the IFB document from OpenGov.

City staff scheduled a mandatory site walk for prospective bidders for January 7, 2026, and three (3) vendors attended.

On January 23, 2026, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) vendors chose to respond, there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the transport of non-hazardous wastewater debris to disposal site services agreement to Bertolotti Modesto Disposal Inc., Modesto, CA, for a (2) two-year agreement with (3) three one-year extension options for an estimated annual amount of $29,645, for a total amount not to exceed $158,946, over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-3.203. City Staff recommends the award of bid for the Transport of Non-Hazardous Wastewater Debris to Disposal Site services for the Utilities Department to Bertolotti Modesto Disposal Inc., Modesto, CA. 1 90682 Solid Wastes; Disposal Systems – Architectural Services, 91027 Garbage/Trash Removal, 95812 Bio-Solids Management Services, 96239 Hauling Services, 96800 Public Works and Related Services, 96871 Solid or Liquid Waste Disposal, 96895 Wastewater Treatment Plant, Operation and Testing, 96896 Water and Wastewater Treatment Services
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Economic Development Committee, April 6, 2026
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

FISCAL IMPACT:

Actual contract year expenditures for the current transportation of wastewater grit services agreement with Compactor Management over the past two years are listed below:

Agreement Year Date Range Expenditure
1 5/7/24 – 5/6/25 $20,996
2 5/7/25 – To Date $36,054
TOTAL $57,050
ANTICIPATED AGREEMENT EXPENDITURES:

Without being able to determine the exact number of loads there may be in any given year, staff must ensure that the annual estimated number of bins allows for any unforeseen process changes and need for additional hauling. The new contract pricing for an estimated 49 loads per year at $605 per load is:

Year 1 Year 2 Year 3 Year 4 Year 5 NTE
Estimated Annual $29,645 $29,645 $29,645 $31,364 $33,184

5.8%CPI Increase 0 0 $1,719 $1,819 $1,925
Total $29,645 $29,645 $31,364 $33,184 $35,108 $158,946
Agreement Years 3 – 5 include a 5.8% increase per year to absorb price increase requests from the vendor for Consumer Price Index and potential fuel increases. Any requested price increases will be negotiated through the Purchasing Division.

Sufficient funds are budgeted in the Sewer Operations Fund in account 4210-44312- 53100.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion recommending the Award of Bid and Agreement for the transport of nonhazardous Wastewater debris to disposal site services to Bertolotti Modesto Disposal Inc., Modesto, CA, for a (2) two-year agreement with (3) three one-year extension options, for an estimated annual amount of $29,645, for a total amount not to exceed $158,946, over five (5) years and forwarding to Council for approval. #4..
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Economic Development Committee, April 6, 2026
Agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Approved by:

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

1. Agreement

2. Exhibit B - Bid Submittal

3. Exhibit C - IFB-00049

4. Exhibit D – Insurance Requirements

5. Exhibit E - Pricing

6. Cost Abstract

7. Financial Interest Disclosure

8. CA Levine Act
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1 ANNUAL AGREEMENT FOR
TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE SERVICES – AGREEMENT #320926
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and BERTOLOTTI MODESTO DISPOSAL, INC., a California corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the Transport of Non-Hazardous Wastewater Debris to Disposal Site Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Transport of NonHazardous Wastewater Debris to Disposal Site Services as described in IFB-00059, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:

A. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT.

B. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. #4..
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2 C. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.

D. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.

E. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $29,645. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $158,945. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit "B".

F. The AGREEMENT pricing is attached hereto as Exhibit "E". Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit "E", attached hereto and made a part hereof by this reference.

2. CITY REPRESENTATIVE:

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

3. CONTRACTOR CONTACT:

Steve Holloway
(209) 988-7650
[email protected]

4. TERM OF AGREEMENT:

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

Year 1: May 7, 2026 through May 6, 2027
Year 2: May 7, 2027 through May 6, 2028
Year 3: May 7, 2028 through May 6, 2029
Year 4: May 7, 2029 through May 6, 2030
Year 5: May 7, 2030 through May 6, 2031
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be #4..
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3 submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

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

5. INSURANCE REQUIREMENTS:

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

6. PAYMENT:

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

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 320926
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, #4..
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4 judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

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

9. ATTORNEY'S FEES:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

A. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.20___ - _______;
C. CONTRACTOR Bid submittal;
D. IFB-00059;
E. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:

A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the SERVICES as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; H. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.

I. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

J. CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:

K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; #4..
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6 L. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

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

13. FAILURE TO PERFORM SATISFACTORY WORK:

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

A. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
B. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
C. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

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

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein. #4..
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7 16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

17. NOTICES:

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

CONTRACTOR: Bertolotti Modesto Disposal, Inc.

Attention: Bobbi Glave
PO Box 127
Ceres, CA 95307
(209) 537-8000
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Armando Fabro
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

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

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress. #4..
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8 21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

22. NON-DISCRIMINATION:

A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.

The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.

B. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.

D. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.

E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof. #4..
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9 23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

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

25. FACILITIES AND EQUIPMENT:

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

26. INDEPENDENT CONTRACTOR; NOT AGENT:

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

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance. #4..
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10 29. WAIVER:

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

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

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

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

33. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2026 - _______, adopted by the Council of the City of Modesto on the 7th day of April, 2026 and BERTOLOTTI MODESTO DISPOSAL, INC. has caused this Agreement to be duly executed. #4..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services RESPONSE DEADLINE: February 3, 2026 at 11:00 am
Report Generated: Tuesday, February 3, 2026
Bertolotti Modesto Disposal, Inc. Response

CONTACT INFORMATION
Company:

Bertolotti Modesto Disposal, Inc.

Email:
[email protected]
Contact:

Steve Holloway
Address:

P.O. Box 127
ceres, CA 95307
Phone:
(209) 988-7650
Website:

N/A
Submission Date:

Jan 26, 2026 3:54 PM (Pacific Time)
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. Acknowledgements
IFB ACKNOWLEDGEMENT*
Pass
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
PREPARATION OF BIDS*
Pass
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
TAXES AND FREIGHT CHARGES*
Pass
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Bidder acknowledges that:

A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.

B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid.

C. Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.

D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
AWARD*
Pass
Bidder Acknowledges that:

A. Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.

B. Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.

C. A valid, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

By checking the "please confirm" box below, you acknowledge the above statement. #4..
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Confirmed
PATENT INDEMNITY*
Pass
Bidder Acknowledges:

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.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
SAMPLES*
Pass
Bidder Acknowledges:

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

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Pass
Bidder Acknowledges:

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 #4..
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.

B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.

C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
PAYMENT TERMS AND METHODS*
Pass
BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:

Option A (Preferred): City of Modesto ePay Payment:

This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment through your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.

Option B – Manual Check:

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

Option B - Manual Check
DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?*
Pass
No
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Pass
Bidder Acknowledges:

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

By checking the "please confirm" box below, you acknowledge the above statement. #4..
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Confirmed
NO GUARANTEE OR WARRANTY*
Pass
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed
MINOR IRREGULARITIES*
Pass
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement.

Confirmed

2. Bidder Company Information
BIDDER COMPANY FULL LEGAL NAME*
Pass
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.

Bertolotti Modesto Disposal, Inc.
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Pass
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.

NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.

N/A
TYPE OF LEGAL ENTITY*
Pass
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question.

Yes
TYPE OF LEGAL ENTITY - SELECT*
Pass
Please select which of the following legal entity options under which the Bidder Company operates.

Corporation
LEGAL ENTITY STATE OF REGISTRATION*
Pass
In which State is the Bidder Company registered?
CA
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
231 Flamingo Drive
Modesto, CA 95358
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company. www.bertolottidisposal.com
CONTACT PERSON DETAILS*
Pass
Please provide the following information for the Contact person for this bid:
• Name
• Title
• Phone (Office)
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
Bobbi Glave
Controller
(209) 537-8000 Ext 123
(209) 404-5313
PO Box 127
Ceres, CA 95307
No Fax
[email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 77-0574873

DUNS & BRADSTREET (DUNS) NUMBER
Pass
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here.

N/A
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

BIDDER OFFICER NAMES AND TITLES*
Pass
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
• Full Name, Full Title
• Full Name, Full Title
Bert Bertolotti CEO
Steve Holloway General Manager
Brian Bertolotti Secretary
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 05/29/2001
CLOSEST BIDDER OFFICE*
Pass
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
• City
• State
• Country
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

• Postal Code
231 Flamingo Drive
Modesto, CA 95358
CITY OF MODESTO BUSINESS LICENSE*
Pass
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.

Yes
CITY OF MODESTO BUSINESS LICENSE NUMBER*
Pass
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
1222851

3. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Pass
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? No
BIDDER CUSTOMER REFERENCES*
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Pass
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Bidder_Customer_References.pdf
FINANCIAL INTEREST DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...

Financial_Interest_Disclosure__IFB.pdf
LOCAL VENDOR?*
Pass
Is the Bidder a local vendor as defined by the following requirement? 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.

Yes
SUPPORT OF LOCAL VENDORS*
Pass
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
Support_of_Local_Vendors.pdf
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

BIDDER COMPANY HISTORY STATEMENT*
Pass
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...

Bidder_Company_History_Statement.pdf
BIDDER WARRANTY STATEMENTS*
Pass
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Bidder_Warranty_Statements.pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Pass
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...

Key_Personnel.pdf
CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...

Modesto_Levine_Act_Statement_Form.pdf
SUBCONTRACTORS?*
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Pass
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No

4. Additional Bid Information

ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

No response submitted
SUBMITTAL CONFIRMATION*
Pass
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement.

Confirmed

PRICE TABLES
Line Item Description Estimated
Monthly
Pickups
Unit of
Measure
Per Bin (6-12
tons) Cost
Total
1 20 Yard Bin 5 EA $605.00 $3,025.00
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[BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00049
Transport of Non-Hazardous Wastewater Debris to Disposal Site Services [BERTOLOTTI MODESTO DISPOSAL, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Transport of Non-Hazardous Wastewater Debris to Disposal Site Services

Line Item Description Estimated
Monthly
Pickups
Unit of
Measure
Per Bin (6-12
tons) Cost
Total
2 26 Yard Bin (required in both primary and secondary sites) 5 EA $605.00 $3,025.00 TOTAL $6,050.00

EQUIPMENT RENTAL FEE
Rental Fee shall include delivery, pick-up, taxes, and associated fees.

Line Item Description Quantity Unit of
Measure
Monthly Fee
per location
Total
1 26 Yard Bin 2 EA $0.00 $0.00
TOTAL $0.00
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BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

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

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value $
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Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

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

Bidder must therefore complete this 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 City Council agenda items without the disclosure will be removed from the Council agenda.

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

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

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

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application. #4..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

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

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

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

City of Modesto Business License Number:

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

Print/Type Name:

Title:

Signature:

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

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

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

Insert Bidder Company History Overview Statement Beginning Here:
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BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, terms and conditions in conformance with the specifications and requirements set forth in this IFB.

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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Key Personnel – Operations Oversight
Bertolotti Disposal
Melissa Acosta — Roll-Off Manager.

Ms. Acosta is responsible for the day-to-day management of Bertolotti Disposal’s roll-off operations serving the City of Modesto, ensuring safe, reliable, and compliant service in accordance with City standards and applicable local, state, and federal requirements. She has been employed with Bertolotti Disposal since 2010, has served in her current role as Roll-Off Manager for nearly five (5) years, and brings more than fifteen (15) years of solid waste industry experience. Her responsibilities include roll-off route scheduling, container deployment and removal, driver supervision, equipment readiness, coordination with dispatch and customer service, and resolution of service issues. Ms. Acosta serves as a primary operational point of contact for roll-off services and supports service quality, responsiveness, and operational efficiency.

Julio Zamora — Route Manager.

Mr. Zamora is responsible for the supervision and coordination of collection routes serving the City of Modesto, ensuring consistent service delivery, route efficiency, and compliance with City performance standards and regulatory requirements. He has been employed with Bertolotti Disposal since 2009, has served in his current role as Route Manager for nearly five (5) years, and brings more than sixteen (16) years of solid waste industry experience.

His duties include daily route oversight, driver supervision, coordination with dispatch and customer service, and adherence to safety and operational protocols. Mr. Zamora supports service reliability, timely issue resolution, and continuous operational improvement across assigned routes.
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

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

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

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

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(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 Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00049
FOR

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE SERVICES BIDS DUE: February 3, 2026 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00049

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

SERVICES
2 Table Of Contents

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

VIRTUAL BID OPENING

GENERAL BID REQUIREMENTS

PRICING SCHEDULE

BID SUBMITTAL

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE
EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB-00049

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive electronic sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Transport of Non-Hazardous Wastewater Debris to Disposal Site Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City). Bidders are highly recommended to download all IFB documents from the City’s OpenGov Procurement portal at https://procurement.opengov.com/portal/modestogov; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid.

Each Bid shall be submitted electronically through the City's OpenGov Procurement portal prior to 11:00 am on Tuesday, February 3, 2026, after which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only in the manner stated above, and prior to the time indicated. Any Bid received at or after said time and/or date, or in a manner other than stated above cannot be considered.

Bids received in any other format will not be accepted. The City of Modesto assumes no responsibility for delay in the upload of documents or final submittal of the Bid. #4..
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4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: December 15, 2025
Mandatory Site Visit (Mandatory): January 7, 2026, 8:00am 1221 Sutter Ave. Modesto, CA 95351
Questions Due via City's OpenGov
Procurement portal:

January 14, 2026, 5:00pm
Addendum Issued (if required): January 21, 2026
Bid Due Date & Time: February 3, 2026, 11:00am
Approximate Contract Award: May 2026

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted through the Question & Answer area of the City's OpenGov Procurement portal prior to 5:00 pm on Wednesday, January 14, 2026. The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

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

PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #4..
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5 SUBMITTAL OF NO BID
If you are not submitting a Bid, you have the option to submit "No Bid" and state the reason you are not submitting a bid for this particular IFB.
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 am (Pacific Time) on Tuesday, February 3, 2026. The City Clerk Record of Proposal document should be available on the City's OpenGov Procurement portal by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link 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?co ntext=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Call-In#: 1 469-998-7409
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Armando Fabro. #4..
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7 GENERAL BID REQUIREMENTS

BID SUBMITTAL
Bidders shall submit electronically through the City's OpenGov Procurement portal. No hard copy bids or bids submitted in any other manner as that prescribed within this IFB will be accepted.

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

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

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

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

COMPLETE BID DOCUMENT
The following City of Modesto forms provided with this IFB constitute the makeup of a complete Bid document and shall be signed wherever indicated and be submitted to the City as required by this IFB.

Failure to furnish any of these documents or information required within such documents may result in disqualification of Proposer.
• Pricing Schedule
• Bidder Exceptions, Clarifications, Amendments (if applicable) • Bidder Customer References
• Financial Interest Disclosure
• Support of Local Vendors (if applicable)
• Bidder Company History Statement
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8 • Bidder Warranty Statements
• Bidder Experience and Certifications
• Subcontractor List (if applicable)
• California Levine Act Disclosure

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

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

AWARD OF BID
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements. • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
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9 SUPPORT OF LOCAL VENDORS
Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

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

BIDDER REPRESENTATION
Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work.
• Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.
• Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith.
• Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein. #4..
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10 BID PROTEST AND APPEAL PROCEDURES
Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

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

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

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

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

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

Further protest appeals shall either be delivered to:

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

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

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

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

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

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

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

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
e. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #4..
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14 PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Bidder Exceptions, Clarifications, Amendments Form.

ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.** Line Item Description Estimated
Monthly
Pickups
Unit of
Measure
Per Bin
(6-12 tons)
Cost
Total
1 20 Yard Bin 5 EA
2 26 Yard Bin (required in both
primary and secondary sites)
5 EA
TOTAL

EQUIPMENT RENTAL FEE
Rental Fee shall include delivery, pick-up, taxes, and associated fees.

Line Item Description Quantity Unit of
Measure
Monthly
Fee per
location
Total
1 26 Yard Bin 2 EA
TOTAL
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15 BID SUBMITTAL
Bidder’s submission should include all City of Modesto forms as provided. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. Before submitting the forms, make sure to review the forms to avoid submitting duplicate forms.

ACKNOWLEDGEMENTS
IFB ACKNOWLEDGEMENT*
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PREPARATION OF BIDS*
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
TAXES AND FREIGHT CHARGES*
Bidder acknowledges that:

A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.

B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid.

C. Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.

D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
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16 By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
AWARD*
Bidder Acknowledges that:

A. Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.

B. Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.

C. A valid, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PATENT INDEMNITY*
Bidder Acknowledges:

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.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
SAMPLES*
Bidder Acknowledges:

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

By checking the "please confirm" box below, you acknowledge the above statement. #4..
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17 ☐ Please confirm
*Response required
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Bidder Acknowledges:

A. In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.

B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.

C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PAYMENT TERMS AND METHODS*

BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:

Option A (Preferred): City of Modesto ePay Payment:

This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment through your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
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18 • Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.

Option B – Manual Check:

On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff. ☐ Option A - ePay (Preferred)
☐ Option B - Manual Check
*Response required
DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?*
☐ Yes
☐ No
*Response required
When equals "Yes"
PLEASE ENTER THE PREFERRED EMAIL ADDRESS TO SET UP EPAY.* *Response required
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Bidder Acknowledges:

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

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
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19 *Response required
NO GUARANTEE OR WARRANTY*
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
MINOR IRREGULARITIES*
Bidder Acknowledges that:

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

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required

BIDDER COMPANY INFORMATION
BIDDER COMPANY FULL LEGAL NAME*
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.
*Response required
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.

NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.
*Response required
TYPE OF LEGAL ENTITY*
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question. #4..
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20 ☐ Yes
☐ No
*Response required
When equals "Yes"
TYPE OF LEGAL ENTITY - SELECT*
Please select which of the following legal entity options under which the Bidder Company operates. ☐ Corporation
☐ Limited Liability Company
☐ Partnership
☐ Sole Proprietorship
*Response required
When equals "Yes"
LEGAL ENTITY STATE OF REGISTRATION*
In which State is the Bidder Company registered?
*Response required
When equals "No"
TYPE OF LEGAL ENTITY - OTHER*
You have indicated that the Bidder Company does not operate as a Corporation, a Limited Liability Company, a Partnership, or as a Sole Proprietorship. Please explain and be sure to note which State the Bidder Company is registered/established.
*Response required
BIDDER COMPANY HEADQUARTERS ADDRESS*
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
*Response required
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21 BIDDER COMPANY WEBSITE ADDRESS*
Please provide the full company website address for the Bidder Company. *Response required
CONTACT PERSON DETAILS*
Please provide the following information for the Contact person for this bid:
• Name
• Title
• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
*Response required
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Please provide the Bidder Company's Federal Taxpayer Identification Number here. *Response required

DUNS & BRADSTREET (DUNS) NUMBER
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here.

BIDDER OFFICER NAMES AND TITLES*
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
• Full Name, Full Title
• Full Name, Full Title
*Response required
YEARS IN BUSINESS*
For how long has the Bidder Company been in business? Please indicate in number of years. *Response required
CLOSEST BIDDER OFFICE*
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
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22 • Full Street Address
• City
• State
• Country
• Postal Code
*Response required
CITY OF MODESTO BUSINESS LICENSE*
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.
☐ Yes
☐ No
*Response required
When equals "Yes"
CITY OF MODESTO BUSINESS LICENSE NUMBER*
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
*Response required

CITY FORMS
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications?
☐ Yes
☐ No
*Response required
When equals "Yes"
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Please download the below documents, complete, and upload. • Bidder_Exceptions,_Clarific...
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23 *Response required
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
*Response required
FINANCIAL INTEREST DISCLOSURE*
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
*Response required
LOCAL VENDOR?*
Is the Bidder a local vendor as defined by the following requirement? 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.
☐ Yes
☐ No
*Response required
When equals "Yes"
SUPPORT OF LOCAL VENDORS*
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
*Response required
BIDDER COMPANY HISTORY STATEMENT*
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
*Response required
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
*Response required
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24 BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
*Response required
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required
SUBCONTRACTORS?*
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? ☐ Yes
☐ No
*Response required
When equals "Yes"
SUBCONTRACTOR LIST*
Please download the below documents, complete, and upload. • Subcontractor_List_IFB.pdf
*Response required

ADDITIONAL BID INFORMATION

ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

SUBMITTAL CONFIRMATION*
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement. ☐ Please confirm
*Response required
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25 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SCOPE OF WORK
The City of Modesto, Utilities Department, Wastewater Division is seeking a qualified Contractor fore the transport of Non-Hazardous Wastewater Debris, three to five times a month, to Disposal Site in City owned/rented Grit Bins. The City currently owns a 20 Yard Grit Bin, shown on Attachment A, and will require a 26 Yard Grit Bin rental from the Contractor. The disposal of debris will be paid by the City of Modesto to Forward Inc. The successful bidder shall furnish all labor, equipment, fuel, licenses, permits and insurance necessary to perform the work covered by these specifications on an as need basis.

Current pick up locations are:

Primary Wastewater Treatment Plant
1221 Sutter Ave.

Modesto, CA 95351
Secondary Wastewater Treatment Plant
7007 Jennings Ave.

Modesto, CA 95358
Disposal Site:

Forward Inc.
9999 S. Austin Road
Manteca, CA 95336

DELIVERY REQUIREMENTS
The successful bidder shall have the capability to pick up and return bins Monday through Thursday 6:00 A.M - 4:30 P.M.

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 effected only by written change to the agreement, issued by the City of Modesto, Purchasing Division. #4..
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26 REQUIRED LICENSES
Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

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

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

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

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

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

CONTRACTOR'S RESPONSIBILITY FOR WORK
Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, including parts, materials or equipment by action of the elements, or rom 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.

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.
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27 DELAY 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.

ADDITIONAL AND EMERGENCY PROTECTION
Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor. #4..
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28 SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 20___, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _____, a _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 20___-______ authorizing the Award of Bid and agreement for the ______ SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ______ SERVICES as described in IFB ____-____, attached hereto as Exhibit “C" and made a part hereof (hereinafter called IFB).

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

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

AGREEMENT PRICING
[TBD - Insert Pricing Table Here]

2. CITY REPRESENTATIVE
CITY Representative is: ___________
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29 Purchasing 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 effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT
<Enter Contact Information Here>

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: MONTH DD, 20___ through MONTH DD, 20___
Year 2: MONTH DD, 20___ through MONTH DD, 20___
Year 3: MONTH DD, 20___ through MONTH DD, 20___
Year 4: MONTH DD, 20___ through MONTH DD, 20___
Year 5: MONTH DD, 20___ through MONTH DD, 20___
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

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

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

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

5. INSURANCE REQUIREMENTS
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The City utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance. #4..
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30 6. PAYMENT
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

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

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

8. VENUE & GOVERNING LAW
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.
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31 9. ATTORNEY'S FEES
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. COMMENCEMENT AND COMPLETION OF THE WORK
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
a. Proofs of insurance (approved by CITY Risk Manager); and b. Executed Agreement;
c. CONTRACTOR Bid submittal;
d. IFB No. IFB-00049
e. Contractor’s City of Modesto business license

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

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

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

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

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

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

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

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

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

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

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

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

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

19. QUANTITIES
No minimum or maximum is guaranteed or implied.

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

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

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

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

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

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

26. INDEPENDENT CONTRACTOR; NOT AGENT
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity #4..
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36 whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.

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

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

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

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

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

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

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

33. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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INVITATION FOR BIDS # IFB-00049

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

SERVICES
37 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 20___- _______, adopted by the Council of the City of Modesto on the ________ day of __________________, 20___ and _____________.has caused this Agreement to be duly executed.

CITY OF MODESTO
a municipal corporation

CONTRACTOR
By ________________________________ By ________________________________ JOSEPH P. LOPEZ
City Manager
(Signature)
By ________________________________
ATTEST: (Name & Title)
Date: _______________________________
By ________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney
By ________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
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INVITATION FOR BIDS # IFB-00049

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

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

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

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

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

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

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

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

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
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INVITATION FOR BIDS # IFB-00049

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

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

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

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

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

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

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

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

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

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

Verification of Coverage
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INVITATION FOR BIDS # IFB-00049

TRANSPORT OF NON-HAZARDOUS WASTEWATER DEBRIS TO DISPOSAL SITE

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

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

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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1 Exhibit D:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #4..
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Line Item Description Unit of Measure Per Bin (6-12 tons) Cost 1 20 Yard Bin EA $ 605.00
2 26 Yard Bin (required in both primary and secondary sites) EA $ 605.00 Total
Line Item Description Unit of Measure Monthly Fee per location 1 26 Yard Bin EA $ -
Total
Exhibit E - Pricing
Equipment Rental Fee
City of Modesto
IFB-00049 Transport of Non-Hazardous Wastewater Debris to Disposal Site Services #4..
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Bertolotti Modesto Disposal, Inc.

Selected Line Item Description Estimated Monthly Pickups Unit of Measure Per Bin (6-12 tons) Cost Total X 1 20 Yard Bin 5 EA $ 605.00 $ 3,025.00
X 2 26 Yard Bin (required in both primary and secondary sites) 5 EA $ 605.00 $ 3,025.00 Total $ 6,050.00
Equipment Rental Fee
Selected Line Item Description Quantity Unit of Measure Monthly Fee per location Total 1 26 Yard Bin 2 EA $ - $ -
Total $ -
Grand Total: $ 6,050.00
City of Modesto
IFB-00049 Transport of Non-Hazardous Wastewater Debris to Disposal Site Services #4..
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FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this 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 City Council agenda items without the disclosure will be removed from the Council agenda.

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

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

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

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application. #4..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

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

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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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 Council Member(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 Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 6, 2026
Date: March 10, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Groundwater Recharge and Storage Feasibility Study - Phase II Engineering Services Agreement with Woodard & Curran
CONTACT: Jim Alves, Senior Civil Engineer, [email protected], 209-571-5557 DESCRIPTION:

Consider an Engineering Services Agreement with Woodard & Curran, of Sacramento, CA, for the preparation of the Groundwater Recharge and Storage Feasibility Study - Phase II, in the amount of $142,040, plus $7,110 in Additional Services, if needed, for an Agreement total not to exceed $149,150 and forwarding to Council for approval. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City’s Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The Utilities Department is actively working to find ways to better capture and reuse stormwater to address two major challenges the City is facing: flooding in areas with outdated or undersized drainage systems and groundwater levels impacted by urban development reducing natural groundwater recharge.

In support of this effort, staff issued a Task Order to Woodard & Curran for the preparation of the Groundwater Recharge and Storage Feasibility Study. Phase I of the study focused on identifying the most feasible project locations from a list of potential locations provided #5..
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Economic Development Committee, April 6, 2026
Groundwater Recharge and Storage Feasibility Study - Phase II Engineering Services Agreement with Woodard & Curran

by staff based on known current and ongoing concerns. Woodard & Curran was also asked to use federal grant guidelines, such as the funding programs offered by the United States Bureau of Reclamation, as part of their ranking process to ensure the projects would also be competitive for grant funding.

DISCUSSION:

The scope of work for Phase II of the Groundwater Recharge and Storage Feasibility Study will focus on developing the projects identified in Phase l for implementation through:
• Analysis of Local Soil and Groundwater Conditions
• Evaluation of Storage Capacity
• Impacts to Existing Storm Drain and Wastewater Infrastructure • Development of Conceptual Project Designs
• Preparation of Estimated Project Budgets
• Identification of State and Federal Funding Opportunities • Support of Established Urban Water Management Plan Strategies Modesto Municipal Code (MMC) Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow formal bid procedures. However, exceptions to the formal bidding process are granted in Modesto Municipal Code Section 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set forth in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality”.

Here, given Woodard & Curran’s direct involvement in Phase I, their experience with the City on previous successful projects and their role in preparing the Stanislaus and Tuolumne Rivers Groundwater Basin Association – Groundwater Sustainability Agency’s Groundwater Sustainability Plan, continuing to work with Woodard & Curran is the most efficient approach; Avoiding the time and costs associated with going through the process to hire and familiarize a new consultant to the progress that has been made to date on this study.

Therefore, staff recommends that an Engineering Services Agreement with Woodard & Curran for the preparation of the Groundwater Recharge and Storage Feasibility Study - Phase ll should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d).
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Economic Development Committee, April 6, 2026
Groundwater Recharge and Storage Feasibility Study - Phase II Engineering Services Agreement with Woodard & Curran

FISCAL IMPACT:

Expenses associated with this effort will be housed in the following Non-Capital Project:
100875 - ASR Program
Anticipated Project Expenditures
Engineering Services Agreement $142,040
5% Additional Services, if Needed $7,110
Engineering/Design/Administration - City Staff $10,000
Total $159,150
CEQA/NEPA REQUIREMENTS:

This item does not constitute a project under the California Environmental Quality Act Guidelines, Section 15378 and requires no environmental review.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending an Engineering Services Agreement with Woodard & Curran, of Sacramento, CA, for the preparation of the Groundwater Recharge and Storage Feasibility Study - Phase II, in the amount of $142,040, plus $7,110 in Additional Services, if needed, for an Agreement total not to exceed $149,150 and forwarding to Council for approval.

Approved by:

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

1. Woodard & Curran - Engineering Services Agreement

2. Scope of Work

3. Fee Schedule

4. Bid Waiver
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1 STANDARD AGREEMENT TERMS FOR CONSULTANT SERVICES

ENGINEERING SERVICES

GROUNDWATER RECHARGE AND STORAGE FEASIBILITY STUDY - PHASE II THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 2026, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and WOODARD & CURRAN, a Maine Corporation, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:
a. CITY has determined that Engineering Services are necessary for the preparation of the Groundwater Recharge and Storage Feasibility Study – Phase II b. CONSULTANT represents that it is qualified, willing, and able to provide the services to prepare said document(s).

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), as of the Effective Date of this Agreement. CONSULTANT shall diligently proceed with the preparation of the project and agrees to complete said preparation in a manner compatible with the standards of its profession. CONSULTANT shall produce a fully complete project that is acceptable to the CITY within the time period set forth in Exhibit (A).

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until CITY’s acceptance of and payment for all services authorized by CITY and performed by CONSULTANT, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

3. COMPENSATION.

CONSULTANT agrees to accept a sum not to exceed ONE HUNDRED FORTY-TWO THOUSAND FORTY AND 00/100 DOLLARS ($142,040) (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A).

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

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto. #5..
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2 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 reimbursable expenses paid by CONSULTANT and identified in Exhibit (B) or approved by the CITY in writing.

Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 is accessible at the following link:
https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive-12.

CITY shall pay CONSULTANT by Net 30 terms via CITY's ePay Program.

Additional services may be authorized by the City Manager in the amount up to, but not to exceed five percent (5%) of the agreed maximum compensation, or SEVEN THOUSAND ONE HUNDRED TEN AND 00/100 DOLLARS ($7,110). In the event that the additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rate set forth in Exhibit (B) and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed ONE HUNDRED FORTY-NINE THOUSAND ONE HUNDRED FIFTY AND 00/100 DOLLARS ($149,150). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work.

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. 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 Leslie Dumas 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. CONSULTANT therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this AGREEMENT will be that of the above-named person.

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 AGREEMENT without the express prior written consent of CITY. #5..
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3 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 AGREEMENT. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the CITY and are not necessarily suitable for any future or other use.

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. CONFLICT OF INTEREST.

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.

CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so required at the option of CITY.

9. AMENDMENTS.

This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing.

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. Except as CITY may specify in writing, CONSULTANT 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. 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, #5..
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4 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 and control 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 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 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 CONSULTANT, 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 AGREEMENT, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this AGREEMENT. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.

13. NOTICES.

Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to #5..
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5 such other address as a party may designate by written notice given in accordance with the provisions of this Section:

CONSULTANT: Woodard & Curran
Attention: Leslie Dumas
801 T Street
Sacramento, CA 95811
(916) 999-8700
[email protected]
CITY: City of Modesto
Utilities Department - Engineering
Attention: Jim Alves
1010 10th Street, Suite 4600
Modesto, CA 95354
(209) 571-5557
[email protected]

14. INSURANCE REQUIREMENTS.

During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.

15. TERMINATION OF AGREEMENT.

Termination by CITY for Default of CONSULTANT
Should the 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 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 services 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 services for any reason. The City shall provide no less that ten (10) 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. #5..
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6 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the 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 subconsultants 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 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 or termination. 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 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 #5..
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7 determined in accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.

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 CONSULTANT to appeal the City Manager, or his/her designee's, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the AGREEMENT. In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. INDEMNITY.

If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT'S proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.

If CONSULTANT is not a Design Professional performing Design Professional Services, 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 negligent or intentional act or omission of CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY.

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 restricted by any requirement in this AGREEMENT for CONSULTANT to procure and maintain a policy of insurance.

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
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8 17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this AGREEMENT, or the breach, termination execution, enforcement, interpretation, or validity of this AGREEMENT, including the determination of the scope or applicability of this AGREEMENT provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEY'S FEES.

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

19. ENTIRE AGREEMENT.

This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY.

All previous proposals, offers and communications related to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver 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.

20. 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.

21. 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.

22. 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.

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.

23. GOVERNING LAW.

This AGREEMENT shall be governed according to the laws of the State of California. #5..
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9 24. HEADINGS NOT CONTROLLING.

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

25. 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.

26. BUSINESS LICENSE.

CONSULTANT will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT by its City Manager and attestation by its City Clerk under authority of Resolution No. ___________, adopted by the Council of the City of Modesto on the ______ day of ________________, 2026, and Woodard & Curran has caused this AGREEMENT to be duly executed as of the Effective Date.
(Signatures on Next Page)
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801 T Street
Sacramento, California 95811
www.woodardcurran.com
T 800.426.4262
T 916.999.8700
F 916.999.8701
Via Electronic Mail
November 18, 2025
Jim Alves
City of Modesto, Public Works
1010 10th Street
Modesto, CA 95354
RE: Proposal for Small Surface Water and Groundwater Storage Grant Feasibility Study – Phase 2, City of Modesto
Dear Jim:

Woodard & Curan is pleased to present this proposal to the City of Modesto (City) for preparing the second phase of a feasibility study that would meet the typical requirements for a United States Bureau of Reclamation (USBR) funding opportunity. For the purposes of this scope of work, the Feasibility Study would address the requirements for the USBR Small Surface Water and Groundwater Storage Program (Small Storage Program) and/or Title XVI Program, which are potential future funding opportunities the City may choose to pursue. The Small Storage Program requires that the project(s) have a total storage capacity of between 200 AF and 30,000 AF, increase surface water or groundwater storage, or convey water, directly or indirectly, to or from surface water or groundwater storage. The project(s) must increase yield, on average, above existing conditions. The Title XVI program provides cost-shared funding in four grant categories: water and energy efficiency, small-scale water efficiency, water strategy grants, and environmental water resources projects. The requirements of both the Small Storage Program’s Feasibility Study and Title XVI Feasibility Study are similar to those for other USBR programs such as the Water Infrastructure Improvements for the Nation (WIIN) Act, which funds several programs aimed at enhancing drinking water quality and infrastructure. The stormwater capture and reuse alternatives that would be identified by completing the feasibility study would be an eligible project type under several USBR programs which require a USBR-approved feasibility study to apply. This Phase 2 effort would position the City to apply for one of multiple funding opportunities under USBR and would develop information that could also be used to support non-USBR funding applications and capital planning efforts.

Project Understanding
The City is seeking to capture and reuse stormwater beneficially through groundwater recharge, diversion to the sanitary sewer system for treatment and use as recycled water, or through the capture, storage and direct reuse of stormwater runoff. Project alternatives consist of the creation of new detention and/or recharge basins or conversion of existing retention basins to support groundwater storage (via recharge basins) or surface water storage (via detention basins), as shown in Figure 1.

EXHIBIT A
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City of Modesto 2 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025 Figure 1: Project Alternative Types
The Project would reduce stormwater discharges to Modesto Irrigation District (MID) canals and support groundwater sustainability and supply reliability. Preliminary analysis of potential recharge basins and the conversion of existing detention basins has been completed in the Phase 1 Project and in the Infiltration Study of the Snyder East and West Basins, respectively, which together represents the groundwater recharge alternatives to be considered. This proposal assumes that information from both of these efforts will be used in the Feasibility Study, though additional analyses will be required to develop sufficient detail to meet the USBR Feasibility Study requirements.

This proposal would expand the alternatives assessment, identifying and developing surface water storage alternatives, including the conversion of existing stormwater runoff retention basins to detention/storage basins and potentially including additional pipelines to connect the detention basins to either the City’s existing sewer system for treatment as recycled water or to other direct reuse opportunities such as nearby irrigation or non-potable systems. For surface water alternatives, the City has identified large volumes of water that will be discharged at its three largest existing retention basins and one new basin. These are:
• La Coste Basin – 2,740 acre-feet per year (AFY). This will be a new non-stormwater basin located on City property east of the existing MID Terminal Tanks • Central Basin – 1,000 AFY
• West Basin – 450 AFY
• Orchard Basin – 200 AFY
Project Alternatives
Groundwater Storage
Convert existing retention
and detention basins into
percolation basins for
groundwater recharge
Construct new percolation
basins for groundwater
recharge
Surface Water Storage
Reoperate detention basins
for delayed discharge to
sewer for recycled water
production
Construct new basins or
convert existing ones for
storage and direct reuse

EXHIBIT A
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City of Modesto 3 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025 Additionally, the City has identified preliminary project ideas and concepts for 17 of its lift stations and basins. These concepts would be further explored in this scope of work and refined to those that are most promising from a benefit-cost perspective, as well as those alternatives considered more likely to be competitive for future funding applications.

SCOPE OF SERVICES
This scope of services is divided into the following tasks: 1) Expansion and Refinement of Project Alternatives, 2) Preparation of a Feasibility Study, and 3) Project Management and Meetings.

Task 1 Expansion and Refinement of Project Alternatives Subtask 1.1: Identify Priority Alternatives and Portfolios Woodard & Curran will meet with the City to review the initial list of 17 projects in the Excel file provided by the City on February 20, 2025 entitled “MID Lift Stations and Project Concepts”, the list of basins considered for conversion in the previously completed Infiltration Study of the Snyder East and West Basins, and the parcels considered for potential new recharge basins under the Phase 1 project. The meeting will discuss City priorities, preferences, and information that would inform a recommendation on which projects to further develop.

Following the meeting, Woodard & Curran will use the project list to develop up to five (5) portfolios of projects to be explored further as the project alternatives. The portfolios will consider opportunities to combine initial project concepts into larger projects where potentially reasonable, and would account for both the City’s preferences and priorities as well as Woodard & Curran’s professional opinion on projects that would be feasible, provide a meaningful benefit, and have fewer known obstacles to implementation (e.g., potential location, permitting, or assumed cost considerations). Portfolio themes considered may include:
• Conversion of existing basins only
• Creation of new basins only
• Easiest to implement “low hanging fruit”
• Maximum groundwater recharge
• Maximum diversion from stormwater system
Subtask 1.1 Assumptions:
• No more than five (5) portfolios will be selected for the Alternatives Analysis required in the Feasibility Study (Task 2).
• Portfolios will include a mix of groundwater and surface water storage opportunities to meet the Small Storage Program minimum storage requirements • Detailed analyses will not be completed for all projects on the initial list of projects to be considered prior to narrowing the list to the five portfolios to be developed. • Some projects may not be included in the portfolios.

Subtask 1.1 Deliverables:
• Project list review meeting materials
• List of recommended projects to explore (up to 5 projects)

EXHIBIT A
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City of Modesto 4 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025 Subtask 1.2: Evaluate Portfolios
Woodard & Curran will complete an evaluation of the portfolios to select a preferred Project (portfolio of projects) that would be included in the Feasibility Study (Task 2). The remaining portfolios would be retained for use as alternatives in the Feasibility Study. Portfolio evaluation will consider estimated cost per acre-foot (AF) of yield, benefits (e.g., volume of water available for recharge or reuse, volume of water diverted from MID canals, flood control benefits), ease of construction (e.g., permitting and environmental requirements, technical considerations, ownership), and how well it addresses the City’s goals.

Subtask 1.2 Assumptions:
• Cost estimates will be preliminary estimates (Class 5 estimates) with the intent being to compare the potential costs of the projects on a per-AF basis Subtask 1.2 Deliverables:
• Evaluation criteria
• Table summarizing evaluation of portfolios
Subtask 1.3: Project Development
Based on the outcome of the portfolio analysis in Subtask 1.2, Woodard & Curran will further develop the preferred portfolio to include information that will be needed to complete the Feasibility Study. This information will include more detailed descriptions of project components, more detailed cost estimates for capital costs as well as operations and maintenance (O&M), identification of potential permitting and environmental requirements, and legal considerations. The project will be described in a technical memorandum (TM) that can be used to support the Feasibility Study.

Subtask 1.3 Assumptions:
• Only the preferred project will be developed in more detail. • The cost estimate for the preferred project will be developed as a Class 4 cost estimate. • The TM will not be a design level document and will not be equivalent to a preliminary design report.

Subtask 1.3 Deliverables:
• Project TM
Task 2 Preparation of a Feasibility Study
Woodard & Curran would prepare a USBR-compliant Feasibility Study that meets the requirements for both the Small Surface Water and Groundwater Storage program and the Title XVI program, the two programs the City is most likely to pursue funding with. The feasibility study requirements for both programs are identical save for one component, risk and uncertainty, which is an additional requirement to be addressed under the Small Surface Water

EXHIBIT A
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City of Modesto 5 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025 and Groundwater Storage program. Woodard & Curran will prepare a compliant Feasibility Study as follows.

Subtask 2.1: Draft Feasibility Study
Woodard & Curran will prepare a draft Feasibility Study for the Project that addresses the feasibility study requirements as set forth by the USBR. The draft Feasibility Study will be provided to the City for comments. Sections include:
• Introduction and Background: Information on City of Modesto as the non-federal project sponsor, and a description of study area including project and study area map. • Statement of Problems and Need: Statement of problem and need for the Project, including SGMA-related considerations, summary of existing and projected water supplies and demands, and summary of water quality concerns for current and projected water supplies. Drafted under the Phase 1 project. • Project Opportunities and Options: Opportunities for surface water and groundwater storage in study area, sources of water that could be stored, description of beneficial uses, assessment of stakeholder support, description of water market, potential barriers to implementation and how to eliminate obstacles, identification of water agencies with jurisdiction in service area or over sources of water, description of water sources to be stored, how project meets water supply needs, other surface and groundwater storage projects and costs.
• Description of Alternatives: Planning objectives or alternatives, formulation of alternative plans including detailed project cost estimates, operations, maintenance and replacement (OM&R) estimates, lifecycle costs, and description of other water supply alternatives. Describe the non-federal funding condition. Provide estimated costs in terms of dollars per AF to compare alternatives. Developed in Subtask 1.2. • Economic Analysis: Economic analysis for Project and Alternatives, including economic benefits in relation to costs. Includes existing conditions and future projections with and without the project, and cost comparison of alternatives. Benefits measures must be consistent with methods in Paragraph 7.B of the Department of the Interior’s 707 DM 1. Document qualitative benefits if unable to quantify, and for complex Projects include collecting priority economic data.
• Selection of the Proposed Project: Justification of what the project was selected in relation to objectives, demands, needs, benefits, and other criteria important to the decision. To be drafted based on the analysis in Subtask 1.2. • Risk and Uncertainty: Incorporate risk and uncertainty analysis in the formulation, evaluation, and comparison of alternatives. To be drafted based on the analysis in Subtask 1.2.
• Environmental Consideration and Potential Effects: Provide sufficient information to allow Reclamation to assess potential measures and costs necessary to comply with

EXHIBIT A
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City of Modesto 6 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025 NEPA, including impacts to endangered or threatened species, public health or safety, natural resources, regulated waters of the United States Indian Sacred Sites, Indian Trust Assets, climate change, or cultural resources. Discussion of potentially significant environmental effects, description of required environmental compliance measures and relevant stakeholder communications, other information that would assist with assessing measures necessary to comply with NEPA, duration of potential impacts, discussion of extent public was involved in the Feasibility Study, potential effects on historic properties.
• Legal and Institutional Requirements: Identify legal or institution requirements or barriers to the project, including analysis of water rights issues, legal and institutional requirements that may affect project implementation, need for multijurisdictional or interagency agreements and relevant coordination, permitting procedures, and unresolved issues. To be based on the Project TM developed in Subtask 1.3. • Sufficient Non-Federal Funding and Financial Capability of the Project Sponsor:

Analysis to verify that there is sufficient non-federal funding to complete the project and conduct necessary OM&R for the project life. This includes the implementation schedule, willingness for the City to pay its share of costs, plan for funding construction and OM&R annual costs, and description of funding sources and associated restrictions.

Subtask 2.1 Assumptions:
• Project alternatives include the portfolios that were not selected and the No-Project alternative
• The Statement of Problem and Needs was prepared under the Phase 1 project and will be copied into the Feasibility Study
• The City will provide relevant GIS shapefiles for mapping, as necessary • No environmental analysis will be completed. The environmental questions will be addressed based on project location and type, but will not include cultural or biological records searches, nor does it include preparation of NEPA or CEQA documents.

Subtask 2.1 Deliverables:
• Draft Feasibility Study (electronic)
Subtask 2.2: Final Feasibility Study
Woodard & Curran will hold one call with the City to discuss comments on the Feasibility Study.

City comments will be addressed and a revised Feasibility Study will be provided for final review.

Following the City’s final review, Woodard & Curran will address any final edits and prepare a Final Feasibility Study for submittal to USBR. No additional review cycles will be provided.

To facilitate the schedule for preparation of this feasibility study, assuming no extension in the submittal deadline (currently unclear under the present administration), Woodard & Curran will

EXHIBIT A
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City of Modesto 7 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025 submit each draft section of the study to the City for review. In this way, the City will be able to rapidly review the final section(s), having reviewed previously completed sections.

Subtask 2.2 Assumptions:
• The City will submit the Final Feasibility Study to USBR • The City will have 2 weeks to review the Draft Feasibility Study or each section as submitted to the City
• The City will have 1 week to review the revised Feasibility Study or each revised section as submitted to the City
Subtask 2.2 Deliverables:
• Revised Feasibility Study (word)
• Final Feasibility Study (pdf)
Subtask 2.3: USBR Coordination
If USBR provides comments on the Feasibility Study or requests revisions, Woodard & Curran will assist the City in responding to USBR. This task includes one call with USBR to review comments, along with up to 32 hours of staff time to respond to comments. Woodard & Curran will provide a draft response(s) to comments for the City’s review, followed by a Final Response to Comments for the City to submit to USBR.

Subtask 2.3 Assumptions:
• USBR comments will require no more than 32 hours of time to respond. • One phone call will be held with USBR to discuss comments • The City will submit the final Response to Comments to USBR • The City will have up to one week to review the draft Response to Comments. Less time may be available should USBR require a faster response. • This task will be eliminated should the City choose not to submit the feasibility study to the USBR.

Subtask 2.3 Deliverables:
• Draft Response to Comments (word)
• Final Response to Comments (PDF)
Task 3: Project Management and Meetings
Woodard & Curran will hold an initial meeting to review the preliminary data request and Feasibility Study requirements. Bi-weekly meetings will be held between kickoff and submittal of the Feasibility Study. This task also includes monthly invoicing and progress reports.

Task 3 Assumptions:
• Meetings will be held virtually via MS Teams
• The Kickoff Meeting will be one hour

EXHIBIT A
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City of Modesto 8 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025 • Bi-weekly meetings will be half an hour each. Meeting reporting will be via email as needed
• Meetings will end following submittal of the Feasibility Study to USBR (or once the Feasibility Study is submitted to the City if the City decides not to submit to USBR) Task 3 Deliverables:
• Kickoff meeting agenda
• Initial data request
• Monthly invoices and progress reports

SCHEDULE
The scope of services described above will take approximately six (6) months to complete, assuming the Feasibility Study will be submitted to the USBR. The following elapsed-time schedule shows how the tasks will be completed following receipt of Notice to Proceed (NTP).

Responding to USBR’s comments on the final Feasibility Study is estimated to take approximately three (3) weeks from receipt of comments; however, this work is optional and is dependent on the scope and nature of the comments received.

BUDGET
The proposed budget for completion of the work described herein is summarized below:

Description of Work Budget
Task 1: Development of Project Alternatives $51,250
Task 2: Preparation of a Feasibility Study $66,380
Task 3: Project Management and Meetings $24,410
Contingency (5%) $7,110
Total Fee $149,150

EXHIBIT A
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City of Modesto 9 Woodard & Curran, Inc.

Small Storage Program Feasibility Study – Phase 2 November 18, 2025

TERMS AND CONDITIONS
The Scope of Services will be completed in accordance with the terms of the Consultant/Professional Services Agreement between Woodard & Curran, Inc. and City of Modesto, dated October 11, 2022.

CLOSING
We greatly appreciate this opportunity to offer our planning and engineering services. If you accept this proposal and wish to proceed with the Scope of Services, please sign the below Authorization to Proceed and return a copy for our files Please feel free to contact me or Leslie Dumas at 916-999-8700 or at [email protected] or [email protected], respectively, if you have any questions regarding this proposal or require any further information.

Sincerely,
Woodard & Curran, Inc.

Sally Johnson Leslie Dumas, PE
Project Manager Senior Technical Leader

EXHIBIT A
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4820
City of Modesto Fee EstimateSmall Surface Water and Groundwater Storage Feasibility Study - Alternatives Evaluation and FS Preparation Tasks Total
Technical
Leader/PIC
Project
Manager Project Planner Project Engineer
Leslie Dumas Shawn
Kenney
Ariel
O'Callaghan
Bhavika Patel
Assumptions $375 $330 $315 $300 $160
Task 1: Development of Project Alternatives
Subtask 1.1 Identify Priority Alternative and Portfolios 6 8 16 16 46 $14,730 $0 $0 $14,730 Subtask 1.2: Portfolio Evaluation 8 8 12 24 52 $16,620 $0 $0 $16,620Subtask 1.3 Project Development 8 16 16 32 72 $22,920 $0 $0 $22,920 Subtotal Task 1: 22 32 44 72 0 170 $54,270 $0 $0 $0 $54,270 Task 2: Preparation of a Feasibilty Study
Subask 2.1: Draft Feasibilty Study 16 35 56 36 0 143 $45,990 0 $0 $0 $46,133

1. Introduction/Background 1 4 5 $1,590 $0 $0 $1,5902. Statement of Problems and Needs Pull from Phase 1 0 $0 $0 $0 $03. Small Surface Water and Groundwater Storage Opportunities 4 612 22 $7,260 $0 $0 $7,2604. Description of Alternatives Pull from Subtask 1.2 2 2 610 $3,210 $0 $0 $3,2105. Economic Analysis 4 8 24 12 48 $15,300 $0 $0 $15,3006. Selection of Proposed Project Pull from Subtask 1.2 1 2 6 9 $2,835 $0 $0 $2,8357. Risk and Uncertainty Draft based on analysis in Subtask 1.2 1 4 8 13 $4,095 $0 $0 $4,0958. Environmental Consideration and Proposed Effects 2 6 8 16 $5,250 $0 $0 $5,2509. Legal and Institutional Requirements Based on TM from Subtask 1.3 1 2 4 7 $2,235 $0 $0 $2,23510. Sufficient Non-Federal Funding 1 4 8 13 $4,215 $0 $0 $4,215 Subtask 2.2: Final Feasibility Study 5 12 18 8 43 $13,905 $0 $0 $0 $13,905Subtask 2.1: Response to Comments 4 8 12 8 32 $10,320 $0 $0 $0 $10,320 Subtotal Task 2: 25 55 86 52 0 218 $70,215 $0 $0 $0 $70,215 Task 3: Project Management & Meetings

1.1 Kick-off Meeting 1 2 4 7 $2,295 $0 $0 $0 $2,2951.2 Progress Meetings 8 meetings 8 8 8 8 32 $10,560 $0 $0 $0 $10,5601.3 Contract Administration/Communication - Part 2 Invoicing, progress reports, schedule mgmt, other. Assumes a total of 5 m 5 20 10 8 43 $12,905 $0 $0 $12,905 Subtotal Task 1: 14 30 22 8 82 $25,760 $0 $0 $0 $25,760 Contingency (5%) $7,520
TOTAL 55 120 164 96 8 443 $141,965 $0 $0 $0 $157,765
Notes:2. Subconsultants will be billed at actual cost plus 10%.

5. Additional Woodard & Curran staff may perform work on the project, based on our standard billing rate schedule currently in effect.

1. The individual hourly rates include salary, overhead and profit3. Other direct costs (ODCs) such as reproduction, delivery, mileage (rates will be those allowed by current IRS guidelines), and travel expenses, will be billed at actual cost plus 10%4. W&C reserves the right to adjust its hourly rate structure and ODC markup at the beginning of the calendar year for all ongoing contracts March 11, 2026
Outside ODCs
Total Hours Total Labor
Costs (1)
Sub Consultant
Total Cost (2)
ODCs
Total ODCs
(3)
Total
Fee
Graphics
/Admin
EXHIBIT B #5..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 6, 2026
Date: February 19, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Purchase and Installation of Granular Activated Carbon for Water CONTACT: Manuel Martinez, Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:

Consider an Agreement with Calgon Carbon Corporation, Moon Township, PA, for the purchase and installation of granular activated carbon, for a total amount not to exceed $3,205,360 over five (5) years and forwarding to Council for approval. (Funding Source:

Water Fund, PCE Mitigation Fund)
STRATEGIC PLAN ELEMENT:

This recommended action is in conformance with City of Modesto 2025-2026 Strategic Plan Element: “Quality of Life”, Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts." BACKGROUND:

The City of Modesto has ten wells retrofitted with pressure vessels that require annual replacement of the Granular Activated Carbon (GAC). Each well has between one to four pressure vessels. The GAC must be United States virgin carbon meeting National Sanitation Foundation 61 standards. Virgin carbon is a high-quality, unused form of activated carbon that is primarily used for adsorption applications, including water purification. GAC is a filter used to remove and dissolve organics and contaminants from the groundwater supply. Carbon pressure vessels treat water by passing it through a fixed bed of GAC.

Staff must replace the GAC in these vessels to maintain the quality of the drinking water.

This process requires the spent GAC to be removed from the vessel and replaced with new GAC.
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Economic Development Committee Meeting, April 6, 2026
Purchase and Installation of Granular Activated Carbon for Water

On March 8, 2016, by Resolution No. 2016-88, Council authorized the award of bid for the purchase and installation of GAC for the Utilities Department, Water Division, to Calgon Carbon Corporation (Calgon Carbon) for five (5) years at a total cost not to exceed $1,384,945.

On February 9, 2021, by Resolution No. 2021-039, Council authorized the extension of termination date of the Agreement with Calgon Carbon from the original term date of March 7, 2021, to a revised date of September 7, 2021.

On August 10, 2021, by Resolution No. 2021-324, Council authorized an Agreement utilizing the competitive bidding process from the City of Fresno, CA, with Calgon Carbon for a one-year agreement with four (4) one-year extension options, for an estimated annual amount of $660,000 and a total not to exceed $3,504,683 over five (5) years.

On November 10, 2025, the City Manager approved the First Amendment to the Agreement to extend the term through June 30, 2026.

DISCUSSION:

On August 13, 2025, the City Manager authorized the Purchasing Manager to solicit procurement for the purchase of GAC. On December 7, 2022, the City of Tulare issued a Request for Bid (RFB) No. 23-773 for the purchase of approximately 240,000 pounds of GAC. On January 5, 2023, bids were opened at City of Tulare, City Clerk, 2nd Floor, 411 East Kern Avenue, Tulare, CA 93274. Three (3) bids were received and based on the lowest cost, an agreement was awarded to Calgon Carbon. Based on the responsible and responsive bidder offering the lowest cost, City staff recommends to award to Calgon Carbon Corporation, Moon Township, PA 15108 to purchase Granular Activated Carbon (GAC) for an amount not to exceed $3,205,360.

The City of Tulare is a government agency with their own procurement process that meets or exceeds the City’s requirements.

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(d), “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California and other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.

FISCAL IMPACT:

Spending for the past five years is summarized below:
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Economic Development Committee Meeting, April 6, 2026
Purchase and Installation of Granular Activated Carbon for Water

Contract
Year
Expended
Year 1 $200,080
Year 2 $315,450
Year 3 $187,605
Year 4 $412,302
Year 5 $276,681
Grand Total $1,392,118
The Water Division is bringing three (3) additional well sites into service, Wells 70, 71 and 312, each of these sites require granular activated carbon (GAC) to ensure compliance with state regulations to maintain water quality. The projected annual amounts include a 15% increase from the cooperative purchasing agreement with Calgon Carbon for the purchase and installation of granulated activated carbon and a 5.5% CPI increase in contract years three (3) through five (5).

Expenditures are budgeted in the Utilities Department Water Fund, 4100-45050-53100 and PCE (perchloroethylene) Mitigation Fund, 4112-45030-53100.

Contract
Year
Term
Dates
Total
Amount
Year 1 7/1/2026-6/30/2027 $ 600,000
Year 2 7/1/2027-6/30/2028 $ 600,000
Year 3* 7/1/2028-6/30/2029 $ 633,000
Year 4* 7/1/2029-6/30/2030 $ 667,815
Year 5* 7/1/2030-6/30/2031 $ 704,545
Total Not To Exceed Over Five (5) Years $3,205,360
*Years 3 through 5 include an annual 5.5% Consumer Price Index increase.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion recommending an Agreement with Calgon Carbon Corporation, Moon Township, PA, by utilizing the Competitive Bid Process from the City of Tulare, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $600,000 and a total amount not to exceed $3,205,360 over five (5) years; and forwarding to Council for approval.

Approved by:

William Wong, Director of Utilities
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Economic Development Committee Meeting, April 6, 2026
Purchase and Installation of Granular Activated Carbon for Water

Joseph P. Lopez, City Manager
Attachments:

1. Agreement

2. Cost Abstract

3. Exhibit A – Invitation to Bid for Granular Activated Carbon

4. Exhibit B - Calgon Carbon Corporation Submittal

5. Financial Interest Disclosure

6. Levine Act Form
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1 ANNUAL AGREEMENT NO 308565

FOR FURNISHING AND INSTALLATION OF GRANULAR ACTIVATED CARBON AND

REMOVAL OF (GAC)

CALGON CARBON CORPORATION
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Calgon Carbon Corporation, a California Corporation, hereinafter called CONTRACTOR.

W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2026-______ authorizing the Award of agreement for the Furnishing and Installation of Granular Activated Carbon and Removal of (GAC) to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the Furnishing and Installation of Granular Activated Carbon and Removal of (GAC) as described in RFB #23-773, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB). #6..
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2 NOW, THEREFORE, the parties hereto mutually agree as follows:

1. THE WORK:
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT. e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $600,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $3,205,360. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
Item Description Unit of Issue Unit Price Total
Installation of GAC by Slurry Method Pound $1.70 $34,000 Removal of adsorption vessel contents 20K Vessel $4,944 $4,944 Transport Adsorption vessel contents to
reactivation/destruction facility
20K Vessel $11,600 $9,456
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3 Total 20K Vessel $48,400

2. CITY REPRESENTATIVE:

CITY Representative: Jeremy Parnell, UTL Water Operations Superintendent (209) 342-4599 Purchasing Representative: Armando Fabro, Buyer, (209) 577-5420 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Calgon Carbon Corporation
3000 GSK Drive
Moon Township, PA 15108
412.787.6700
Ben Goecke - [email protected] - 425.286.0754
Frederic (Eric) Forrester - [email protected] - 412.721.4592 Jeremy Jones - [email protected] - 412.419.5735

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one (1) year, with four (4) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: July 1, 2026 through June 30, 2027
Year 2: July 1, 2027 through June 30, 2028
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4 Year 3: July 1, 2028 through June 30, 2029
Year 4: July 1, 2029 through June 30, 2030
Year 5: July 1, 2030 through June 30, 2031
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the first year shall be as follows:

Virgin GAC:

The fees payable pursuant hereto will be adjusted on July 1 of each calendar year by the annual percentage change in the following three price indices, in the proportion indicated next to each index:
1) U.S. Department of labor PPI for all other Basic Organic Chemicals Manufacturing: miscellaneous end-use chemicals and chemical products, excluding urea (PCU325199325199t) @ 40% weight 2) U.S. Department of labor CPI for urban wage earners for the U.S. City average (CWUR0000SA0) @ 40% weight
3) Transportation: U.S. Department of labor PPI by commodity for Transportation Services: Truck Transportation of freight (WPU3012) @ 20% weight
The percent adjustment shall be calculated by taking the percent difference for each index during the twelve-month period of the last completed contract year as compared to the twelve-month period from the contract year immediately preceding the last completed contract year. These percentages will then be averaged, per the proportions shown above, for calculating the final percent adjustment to which all virgin GAC will be subject.
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5 Annual Limits: Annual increases are limited to a maximum of 10% regardless of the above calculation, and annual decreases are limited to a maximum of 5% regardless of the above calculation. No amounts in excess of these limits (either increases or decreases) shall be carried over to subsequent years.

Initial Fee Limit: Regardless of any annual fee adjustment calculation, fees covered by this Agreement will at no time be reduced below the Initial Fee.

Custom Reactivated GAC (CMR):

The fees payable pursuant hereto will be adjusted on January 1 of each calendar year by the annual percentage change in the following three price indices, in the proportion indicated next to each index:
1) U.S. Department of labor PPI data for Utilities (PCU221---221---) @ 10% weight 2) U.S. Department of labor CPI for Urban Wage Earners for the West (CWUR0400SA0) @ 60% weight
3) U.S. Department of labor PPI by commodity for transportation services: Truck Transportation of freight (wpu3012) @ 30% weight
The percent adjustment shall be calculated by taking the percent difference for each index during the twelve-month period of the last completed contract year as compared to the twelve-month period from the contract year immediately preceding the last completed contract year. These percentages will then be averaged, per the proportions shown above, for calculating the final percent adjustment to which all virgin GAC will be subject.
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6 Annual Limits: Annual increases are limited to a maximum of 10% regardless of the above calculation, and annual decreases are limited to a maximum of 5% regardless of the above calculation. No amounts in excess of these limits (either increases or decreases) shall be carried over to subsequent years.

Initial Fee Limit: Regardless of any annual fee adjustment calculation, fees covered by this Agreement will at no time be reduced below the Initial Fee.

Additional Virgin Make-Up Pricing for CMR will follow the same fee adjustment as Virgin GAC.

Requests for price increases shall be submitted by CONTRACTOR in writing, thirty (30) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

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

5. INSURANCE REQUIREMENTS:

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

CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR Net 30 terms via CITY’s ePay Program. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT 308565
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the #6..
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8 performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

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

9. ATTORNEYS’ FEES:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
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9 a. Proofs of insurance (approved by CITY Risk Manager); and b. Resolution No.20     -_______;
c. CONTRACTOR Bid submittal;
d. RFB #23-773;
e. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
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10 a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by #6..
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11 CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

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

12. COMPLIANCE WITH ALL LAWS:

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

13. FAILURE TO PERFORM SATISFACTORY WORK:

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

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

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein. #6..
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13 16. Contractor's Responsibility for Damages:

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

17. NOTICES:

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

CONTRACTOR: Benjamin J. Goecke
Calgon Carbon Corporation
PO Box 347037
Allegheny, PA 15251
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

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

No minimum or maximum is guaranteed or implied.

20. FUNDING:

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

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

21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

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

The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission #6..
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15 implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
d. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.

23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic #6..
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16 or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.

25. FACILITIES AND EQUIPMENT:

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

26. INDEPENDENT CONTRACTOR; NOT AGENT:

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

27. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace. #6..
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17 28. ASSIGNMENT:

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

29. WAIVER:

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

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

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

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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19 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2026-_______, adopted by the Council of the City of Modesto on the ________ day of __________________, 2026, and Calgon Carbon Corporation has caused this Agreement to be duly executed. #6..
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2 0
Exhibit D:

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

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

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

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

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

4. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

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

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

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

The insurance policies are to contain, or be endorsed to contain, the following provisions:
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2 1
Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

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

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

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

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

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

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

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

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and #6..
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2 2
endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

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

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

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

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

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Bid #
Title
Dqte/Time
23-773
Gronulqted Activoted Corbon
Thursdoy, Jonuory 5,2023 ol 2:00 p.m.

Bid Opening Summory Sheet
Altesled ond Opened By:

Recorded By:

Wilness:Wilness:

De Clerk
".1
43 2
I
12 1 Ir0
9 8
7 6
5 cotsoncorbon -f,lln M
Nome of Compony
bmd4dBtffieg. (nrbon Su,Onlq TA ,gy2o(kt/.]
Aqueous Vets
3e\l 6ar.ill'ns, CA
Moon Township, PA
Redding, CA
City
ffiqb,oot rs lflO,rzstp
hxq , 411 .oa h qt',ffiooo
bqss\x.oo /$ql,t:qc
Amount
Note: Bids/RFP's ore subjeci to review ond verificotion. #6..
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CALGON CARBON CORPORATION

SERVICE AGREEMENT
This Service Agreement (this "Agreemenf') is entsred into as of April srh, 2023 (thc "Effective Dato") by and between the City of Tirlare, a California Municipality, located at 41 1 East Kern Ave, Tulare,CA93274 f'subscriber") and Calgon Carbon Corporatiou, a Delaware corporation, located at 3000 GSK Drive, Moon Township, PA 15108 ("CCC').

In consideration of the mutual agroements herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows:
l. CCC will supply products and servicos for the treatment of 1,2,3-TCP and DBCP (the 'Application") at Subscriber's sj.tes listed and descrjbed in Exhibit I (the'iSites"). This Agreement is speoific to the Applisation at the Sites. CCC's scope of supply and responsibilities are further dsfined in Exhibit II and Subscriber's responsibilities are further defined in Exhibit III.
2, Any CCC-owned equipment included as part of this Agreement may not be used for other purposes or taken to other facilities without the prior writtsn gon$ent of CCC. ln addition, CCCowned equipment may not be altered without tbe prior written consent of CCC and only employees of Subscriber that have bseu authorized and trained on the use of the equipment may operate such equipment- Al[ equipment supplied by CCC during the Term of this Agreement shall reinain the proparly of CCC at all times. Any activated oarbon used in CCC's adsorption equipment must be supplied by CCC. If the Subscriber decides to utilize activated carbon from a supplier other than CCC, then CCC will have the right to tenninate this Agreementupon thirty (30) days written notice,

3. This Agreement shallbe in effect from the Effective Date through April4th,20241the "Initial Term'). T'hereafter, this Agreement shall automatically renew for successive oile-year periods (each, a "Ronewal Tsm" and, together with the Initlal Term, the "Term"), unless terminated by either party upon written notice at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, as applioable. Any equipment and activated carbon shall be removed within thirty (30) dayn following the effective date of'termination of this Agreement.

Subscriber shall provide CCC with reasonable access in order to affect such removal.

4. The Subscriber shall pay CCC the following fees:

One (1) Vessel Exchange with Filtrasorb 400
One (l) Vessel Exchange with OLC 12x40
Two (2) Vessel Exchange with Filtrasorb 400
Two (2) Vessel Exchange with OLC 12x40
${5,694.00
$47,859.00
$91,388.00
$95,718,00
AII feeo will be firm for the Initial Term, with an adjusbnent for any Renewal Term in accordance with the Fee Adjustment clause in EXUbil-yU.

The fees in this Agreenrent are based upon CCC performing the responsibilities as described in Exhibit U during normal working hours, and under reasonable order procCIsing conditions. If Revised June 1,2022 Page I oflS
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CALGON CARBON CORPORATION

SERVICE AGREEMENT
overtime costs flre incuned solely for Subscriber's convenience, CCC rsservec the right to invoice Subscriber for docunrented overtime expens€s. ln addition, rush shipments (less than 3 business days' notice) will be subject to a surcharge on the carbon supply fee, as well as any additional freight charges incurred as a result of employing multiple trailers to meet Subsuiber's requirements. The surcharge will be based on the CCC Rush Order Policy in Exhibit V. 5, CCC will invoice Sub,scriber mobilization fees and carbon delivery fees upon delivery.

CCC will invoice Subscriber subsequent monthly service fees each month (the day coirciding with that of the original delivery date). CCC will invoics subscriber demobilization fees upon tennination of this Agreement,
Subscriber agrees to remit payment within thirty (30) days of the invoise date. All invoices mu;t be paid in full. lf Subscriber disputes any portion of an invoice, itwill pay the entire invoice when due and once the dispute is resolved, any resulting credit will be made against subsequent invoices. Late payrnents (payments made after thirty (30) days of invoice date) will be subject to a penalty of 1,25% per month.
6, At the request of the Subscriber, technical assistance will be provided by CCC in an effort to aid in thc optirnization of results for the Subscriber's specific application" Such assistance will be provided upon such tenns as may be mutually agreed upon by both pa(ies. An additional fee may apply,
7 , Any spent activated carbon covered by this Agreement will be subjected to reactivation acceptance testing by CCC a.s described in Exhibit VI. Further, CCC will periodically retest the spent activated sarbon to assure it remains acceptable for reactivation. CCC resetves the right to apply a surcharge for readivation of spent carbon with quality tbat creates excessive corrosion, siagging, exotlrermic reactions, or other operational problems including lower furnace operating rat;t. If the spent activated carbon becomes unacceptable for reactivation, disposal of the carbon will be the responsibitity of the Subscriber. Subscriber will provide any information required by CCC relative to evaluating carbon acceptance. CCC reserves the right to reject any and all activated sarbon if, in its judgment, it is unsuitable for reactivation. CCC reserves the right to reactivate the spent carbon at any of its reactivation facilities where carbon acceptance exists.

Title for spent activated carbon shall pass to CCC following (i) comptetion of acceptance testing and confinnation by CCC that the spent activatsd carbon is suitable for reactivation and (ii) the loading of the spent activated carbon on CCC's kucks for transportation to one of CCC's facilities,
6- All of the Exhibits referenced in this Agrcemcnt are attached hereto and nrade a part of this Agreement.
g. This Agreement constitutes the entire agteement between CCC and $ubsoriber and may not be modifiod ex.cept by a writing signed by the authorjzed representatives of each of the parties. CCC shall be obligated to perform only in accoldance with the terms of this Agreement and any terms and conditions confained in any purchase order which are difforent from, conflict with or add to the provisions of this Agreeinent shall be deemed to materially alter them and are hereby objected to and rejected by CCC.

Revised June l,2022 Page2cflS
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CALGON CARBON CORPORATION

SERVICE AGREEMENT

CALGON CARBON CORPORATION
By
Name Jeremy J. Jones
fi11s DWS Project Manager
p1sp A412O12023
as to
wt/'

CITY OF TULARE, CA
Name ,fl' //r '' 7' '
Title
By
Date 4zrz9
of T\rlare
City
City
Roviscd Junc 1.2022 Poge 3 of l8
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CALGON CARBON CORPORATION

SERVICE AGREEMENT
Location
Well Site (7 sltes)
WELL NO. WELL I,D. NO.
54r001501 I
54r00t501?
54r00t 5048
s4 I 001 505 I
s4l 00 r 5055
5410015056
54r 001 5069

EXTIIBIT I

SUBSCNIBER'S SITES
Blackstone @
Sonora
GAC Capaclty
20,000 lbs. per vessel

WELL DIAMETNR

LOCATIONS AND NUMBER
OF

ADSORBERS
ll
t7
34 35
37 38
44 Continental
Ave., South of O
sr.

Cross Ave. &
Delwood St.

Bardsley Ave.

East of Mooney
2315 Ship Rock
Ave.
510N, Laspina
Ave. @
Rails to Trails
crossing
C.O.S Collcge
Farm / Campus
Two 12'
dianroter
absorbers
Four 12'
diameter
absorbers
Four l2'
diameter
absorbers
Four l2'
diameter
absorbers
Four l2'
diameler
absorbers
Four 12'
diarneter
absorbers
Four l2'
diameter
absorbers
TOTAL

AMOUNT OF

CARBON IN
$ERVICE
(LBS.)
40,000lbs.
80,000|bs.
80,000lbs.
80,000lbs,
80,000 lbs.
80,000Ibs.
80,000lbs.

Revised June 1,2022 Prge4 oflS
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CALGON CARBON CORPORATION

SSRVICE AGNEEMENT

EXHIBIT II

RESPONSTBILTTIES OF CALGON CARBON CORPORATION

1. Supply rcquested GAC, delivered by truckload.
2, Removal of spent rnedia and haul away, plus delivery and installation of virgin msdia.

3. Spent carbon reactivation acceptance testing. Subscriber is responsible for all third party costs of the testing (including laboratory costs), when applioablq and completing ths Adsorbate Profile Docunent (APD).

4. Speut carbon reactivation; provided that the spent cnrbon continues to be acceptable to CCC for reactivation (see Exhibit V$. Should the spent oarbon become unacceptable, CCC will consult with Subscriber regarding the disposal of such opent media; provided, however, such disposal shall be the responsibility of the Subscriber, including all costs of disposal.

Rcvlsed June l, ?022 Page5oftS
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CALGON CARBON CORPORATION

SERVICE AGREEMENT

EXHIBIT III

RESPONSIBILITIES OF SUBSCRI BAR
l. Site access (within 100 feet for transfer equipment) and utilities for media hansfers:
b. lVater at approximately I.00 gpm
c. Power(ll0V' 20A)
e. Drainage point access to drain water from bulk trailers during and after transfer

2. Disposal of backwash/backflush, forward flush during start-up conditioning and all other transfer water.

3. Equipment decontamination, as required.

4. Complete Adsorbate Profile Documsnt and submit necessary samples to en$ure compliance with Carbon Acceptance procedures.

Rer'lsed Junc l, 2022

EXHIBIT IV
Page6oflS
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CATCON CARBON CORPORATION
$ERVICD AGREAMENT
GEN'IERAL TtrRilIS AI{D CONDII'IONS
t. A$$lCNil,tENTl Neither pany may n,tnign this Agreertent, includingrvithout linritatir>t any of its riglrts or crtrligotions hersunder, witlrout the express wrilten $on$enl of the o*er palty ftereto; provided that CCC may assign this Agreernenl, including rvilhout liuritstion any of its rights or obligations hereundern to nny of its parenls, subsidiaries or affilintes or to nny third palty which rncrgcs u'ith CCC or ncquircs all or substantially all of its busiilcss and nsssts or a substanlial part of its asseB or husifles* relating lo the prcdncls or services $'ithout $ubscriber's $0{$snl.

2. RO. SgE MAJEU8€; Neither pafiy shall be liable lo the othsr pnrty for failure to per:form any of its obligations bereunder (except for tlre poynent of nroneyi due to an Act of Ood, terorisnl court ordero accidcnt, firc, floodn riot, rvar, sabotagc, cxploeicn, stdkc or labor distuubnncc {horuevcr neithsr perry shsll be obligated to settle.any striks nr sirnilar dispute evs{ if it in able ta do so), nalional rlet'ense noquirernents, gove,tnrnental lnlv, ordinance, rule or regulation* rvhether vali<l or ilrvalid, oxtrsordiflflry failure of equiprnent or apparatus, inabilily to obtain electricity or other ry'pe of energy, rarv materitl shortagr, equipnrent or transportalion rhortage ar uunvailatlility, or any sirnilu or different conlingency bryond the pnrty?s reasonable csnfrol whiclr rvould makc pcrforrnancc impractical, u'hcthcr or not the contingcncy is of thc salnc class as thone enurnernted above (the foregoing conditiorts aud eve.flts herein refbrred to ittdividunlly and collectively ns
n'Forc.s Majeure"). The party invuklng Force Majeure nhall provide lhe other parry with lrrcmpt *ritten neitificafion atd slrall advise the otherpany of its s$tiilate a$ to wheh ihe Force Majeure condition u,ill end. lf CCC invakes Forcc Majeure related to pert or all of the ,ser,l'ices provided lrereundsr, no fees relsted to the areas c.oversd by the Force Majeure claim shall bc payablc sa long es thc Irorcc [4ajcurc condition contiiluss. lf Subscribcr iilt'okcs ]orce Maj*ure, only those fees associat'd *.ith the on-site equipment will be payable during the.period ol"Force Majeure,

3. SONnNgnNgIES: CCC is responsibile under this Agreenreut for ttre s*fE haridling, transportation, autl reectivaiion of speut carbon, generated by Subscriber in the application covelecl by this Agreement, iu compliance with all lnws, regulatictts, and orders, for bcth parties' prolcction, Thcrcforc, if thc loadiug of contarninants on thc carbon cxcecds safc limits for Lnndling nr reactivation ng established by govemmental larv, regulation, or order related to regulated substarce.r, or lirnits inrposod indepenclently by CCC 10 be prutectir*e of its personnel, equipnrer:t, operrtiCIn$! or reputation, ttsR CCC utroll ndvise Sutrscritrer that it t*nilot remove the spent carbon for rcastiyaticn ss is and the parties shall work together ta take cotrective action.

Potsntial coffsctive sshltionr may include r lirniting the atnount of contnnrinants on each load of carbcl, spccinl handling of thc carbon st thc sitc or rcactivation c$ntor, cmployitrg nltcmats transportation options, or arranging for spent cartron dispo*al. Cosls incurflsd tbr nuch cotrectivo actitlirs are not CovEred by ihe fees pror'ideel herein, nnd they shsll be to the account of Subrcriber, oncc the coffecti\te action plan is agreed kr by Subscriber'

4. UOUIPMII].IT Drt li AND QON r ccc's prnctice is ta examine sll cquiprncniprior to shipmcnt to crlsulr thnt thc cqnipmcnt is in good condition rvhcn it is shippcd.

SlbicriUer will be rcsionsible lbr exanrining the equipment rvlr*u it arivss to etl$ur* that it is in Rer.hcd Jtna l, !0I! fngr ? of t$
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CALGON CARBON CORPORATION

SERVICE AGREEMENT
satisfaotory oporating condition. If the equipment is damaged in transit, Subscriber must prornptly notify CCC.
lf the equipment is damaged by the Subscriber after arrival at the facility, CCC reserves the right to charge the Subscriber for the actual repair or replacenrent costs. lf the adsorption equipment or carbon transport trailer, through its use by Subscriber, becomes contaminated so that decontanrination is required, Subscriber will be responsible for the cosk of suoh decontamination. If decontamination is impractical as detennined by CCC' Subscriber hcreby agrees to puchase the adsorptiorr oquipment (or transport trailer) at a mutually agreed upon fair market price.

5. fEE ADJUSTMENT: Following the lnitial Tenn, the fees payable pursuant to this Agreement will be adjusted, efTective January I st of each calendar year, using the Fep Adjustment meohanism as dercribed in Exhibit VII.
6, DELIVEWS AND-SI'PNT-IKAN$PORI: CCC's fees are based upon an average site time for a carUon delivory of four (4) hours. For delays tltat are due to Subscriber-related activities or procedures, CCC relerves the right to charge the Subscriber demurrage fces (see ExhibilV) for every hour in excess of the four (4) hour delivery time.

If spelf media is classified as hazadous, transportation of spent media is by a hazardous carrier' Cgston:er will be required to supply and prepare all required manjfests. Subscriber ocknowledges that as many as thirty (30) days may be needed to arange hazardous transportation.

CCC reserves the right to pass along fuel surcharges to Subscriber in order to cover increases in fuel costs durtng the time between the date that this Agreement is executed and the actual date that the products are shipped. This surcharge will consist of a $200 minimum charge per order from all facilities plus a-mileage charge baied on the diffurence between the base of $3.00/ gal and the fuel index at the time of actual delivery (see Exbibit V). Tbe mileage will tre established at the time of delivery by CCC Customer Service Representatives. ?. ftEI{D SERI/JCE: When Field Service is included in the CCC responsibilities (Erhibit II), se*ice *iti be performed durir:g nonnal operating hours of Monday to Friday. Subscriber may be invoiced for rveekend ond holiday work (see Exhibit $.

Subscriber will provide adequate access to the vessel(s), air and water for the exchanges, and snsuro that the vessel is equippecl with media discharge and media fill lines terminated rvith Cam-lok fittings, as well as all other items included in Exhibjt lll.

For extrenp and inclement wsathor conditious (temperatures below 30 F or above 90 F; wind greater lhan 1.5 rnpb; heavy rain or snow, etc.), work may be postponed fOr safety reasons' To frevent fieezing of spent media during cold weather, liquid phase vessels must be completely drained and blown down and vapor units must remain in operation until time of service. In some situations, exceptional provisions (e.g. portable heaters, tarps, etc.) tnoy be used to complete the Revised June l, 2022 Page 8 of l8
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CAI"GON CARBON CORPORATION
SERVICE AGRAEh{ENT
ri,ork. Costs of such provisions afc tlrc lcsponsibility of thc Subscribcr. lnparsable rcadrvays ar a *ile rvill be con$idered a $efety hazard and Sutrscritrer may be invoiced for deloy 0r sancellstir:n cli*rges,
Pricing is bared on exchange qunntities as designoted in Sxhibit.tl. lf rernove'd or replaced quantiiy is greatcr, thc invoiccwill rctlcct nctual quantity and additional cosls for tran*pottation, fisld service srew and nraterinl.
lf ropairs to a rrorr-CCC vesgel are requirecl" lubor and charge$ for additional materitls *nd equiprlept will be invoicsd. Add:itional chargen may be included for rvait time, poor equipntent acceis, diffrcult tp remove or install medis, excessive trailer drain times, or otlter delnys, Exhibit V prcsctts thc pricc schcdulc (in US dollars) for additiottal chargcs, All prders which include Field $ervice.e ffty require ihe conpletion ol a Pre-Visit Checklist and Serviee Request Fonn prior t0 scheduling the vi$it'
S. UA&BANIX: CCC: lvnrrant$ that all activated carbon pruducts (at the time of delivery) and *srvicc* Gt thc tirnc of pcrfomranci) prnvidcd untler this Agrccmcnt shall conforn to the .speciflcriions for such product or servicc as publislred by CCC from tirne to time during the tcrm ottitis Agreement. $ubscriber shall promplly notify CCC erf any non-confornring goods or serviees. Thereafter, CCC shall sonfiml that r:rtn-conforrnity sntl, at CCC'$ olltioll ffd cxfjeils$, repuir or replace the non*confonling prcduct or service. This shall serve ss Subscriber's solp arid exclusive rernedy. THERIJ ARXINO WARRANTIES h'IADIIWITH RECARD TO'lHB

ACTIVATSD CARBON PRODUCTS OR SEITVICES TO BE TROVIDIID PURSUANT TO THI$ ACREEMENT OTHER THAN THOSE CONTAINED IN THIS PARAGRAPH. ALL OTHER WARRANTIES, EITHER EXI'RESSED OR IMPLtrED, ARg HSREBY DISCLAIMBTJ, INCI,UDINC ANY WARI{ANTY OF MBRCHA}{TABII"ITY ANTJ FITNE$S FOR A PARTICULAR PURPOSE.
ln 1o everrt shafi CCC have any obligation lo provide coffeclive tvarranty sclicesn in wftole or itt part! fl$ tho result of (i) nonual wcai and tcai, (ii) accidcnt, disastcr or svent of Force Majcirrg, iiii;.nrisuse, fault or neglig*nce of or by Subscribor, (ir,) use of thrl sewice equipment or goods in a *a*ner fitr which they rver* not designed, (v) exlernal *au$e$ $uph as, bul rrot limit+el lo, porv€r failure or electrical po$er $Hrgoll, $'i) impropsr $torage and handling of the sErviee' equipmenl 0r goods, or (r.ii) use of the selice equiprnc$ or goods in cornbinntion n'ith equiprnent or soffware Iiof supplied by CCC. If CCC provides services or replacernent parts tlrat ars nol coveled by this ,r*rronfy, Subicribcr shull pay hCC drcrcfor at CCC's lhcn prcl'ailing timc nnd mntcrials ratcs. g, INDET\4NIFICATIOIII Suhs*ritrer shsll indernnif and save CCC hannles$ 4t,sll tintes from arr<l nsoitr$G;t 1fanitlty oil *scount of any and all clsirn$, rlamages, ltrw suits, litigolion, ,*purii*r, cour:sel fees, aud compentation relating to pruperfy dsm$gc$ or iqiuries (including death), ur:iring out of its perfornrnnce under [his Agreernent. Subscriber n'ill reimbutxe CCC fot danrngcs to thc adsorpion systcrn, to tlrc adsorpfiott systom sitc,_to CCC's othcr cquipnrcnt on the a&orption site, including without linrit*tion, tlre CCC bulk delivery trailero or to the nctivnted sarbr:n cau*ed by {a} the negligerrce.or willful ntis*onduct.of Subncriber, i$ enrployec*, Rqriscrl Junu I,1013 fngil I sf !S
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CAI,GON CA RBOTN CORI'ORATION
$SNVICD AGRf,EMENT
rcprcscntativs$, or ngsilts or (b) opcration of nuch cquiprncr:t by auyonc othcr than traitred arithorised employees of Subsuiber. In tlro case of repeated acts of nogligence or willful nriscorrducr of u$€ hy unauthorized irrdil,iduals* CCC shall have tbe additional right to tentinate this Agre+nrent,
10, LIMITATION Of I.lA.ntLlTY: \lotwithstsnding rny provision to the contmry ltorcin, the partics hcrcto sgrec tlmt in no cvcnt shall CCC or ils cotrtractors or eupplicrs of atry ticr bc liablc to $1bs$riber fo-r any indirect, *pucial, consequential, incid*ntal or punitive darnages ns a resull qf any r:laim of any kind arising out rrlor relaling 10 lhil Agreemont, whdher in contiuct, cr in tort (inclucling rrsglige,nc$ or strie.t liability). Notrvittrslatding any provisiorl to fhe.contrary herein, for all losses, dnmnges, liabilities or ercpsn$cs (including attcnrey's fees and uosts), whether for iudenrrfty or negligence, including €ffcrs, onissions or otlter acts, or rvillful nrlsconduct or bascd il contrast, B'arrafity (inclnding any costs and fces for repairing, rcplacing or re-performing rcrvices or curing a brsash hercof), of for aly other cause of action firrdividually, alClaint"; colledively, "Chim$"), CCC's liability. including the liability of its insu$rs, ernployees, agent$, directors, anql offisers md all sther per$sns fsr whoff CCC is legally responsible. shnll not, to the maxinrum sxtcnt pemritted by law, exceed in the cumulative aggregetc ivith respect 1o all Clninrs arising out of or relatEd to this Agreement, tlie lesser of,(a) tlrc totat smount of compcnsation paid to CCC hercundcr, nnd (b) One Milliou Dollats ($t,000,000).

All Clairns slrall be decrnecl ruaived u*less made iil rvritilrg within ninety (90) days of'the occuffsnce giving rise to thp Clninr. Subscriber shall mnintnifl insurauce on all equipment and goods to be scryicod heieunrler in amounte at nll times equal to theh ftl| replnceineut cost, and irrch insuragcs shall rcmain in cffcct rcgardlcss of ttrc couss of thc loss or daruagg n'cn if such loss or damage shall be c.aused by CCC. $ubscriber and its insurur shall waive all subrogatian rights under iuch policies, CCC shsll have no liabilily lo $ubsmiber for any losse"s that are iniure<l against, $r were required to bs insurerl tgaii:st, by Subscriber pursuant to the previutrs sentence. Fgfihenuorr, Subssribel rvill hold CCC hannless fl'otn and ngainst liens aud clshns against tlre adsorptipn system due to iis lacation on Subrcriber's prentises.

I l. TAXISS. PtiRN4lTS. TARIIFS ANA!!gSNS]ES: Thc fccs prcvidcd for in this-Agt'ccmsnt to be pflid by Sutrsc*Uei to CCC do not include nny trute$, licenses, governntent_tyiffj or other a$$e$$tn€fits. $ubscriber agrcos to pay ilny $f,les and use t&xes upon or ff€ll$ui$d by CCC's sen'ice$ provided berouldsr and for all applicable lic$nses, property taxes, psrsonal protrrerty tnxss and othcr taxes, fees, license$r gortsrrullelrt tariffs or other s$$esrmonts intposed on thc adsorption systenr {or cnrbon} anct the adsorption s}.$tem site or upon the instsllation and opcmiion ofthc adsorption sy$tcrn (or carbon) nnd will prcpalc nnd subrnit nll documertts, p10ns, and sc.hedules nn}ich inay be'requirecl by gsveflunentnl agencie,r u'ith tlre reasonnbl* assistnnce of CCC wherr uess.sslry. $ubscriber nhall provid* Cef *'ilh a direct pay pentit hr sales tax, an affi<lavit 6f sales tax exemption, or arl affiqluvit that equi.prnent, proeiuct*, ond servi*es are exempt from snlEs tax, or CCC has ths right to inyoice Subscrilrer for snid taxes an each invoicE.

12. VlDl:ql1f,P'I"NG: Irrorn tims to tirnc ccrtain Subsribcrs dcsirc to vidcotapn thc activitics of CCC r.l*es*ntutiosr during presefitatiorls, conductance of training, or othet on'site activities, lf Sutrrcriirer rJe*ires to videotape suc.h aclivitiss, a $eporflie vidootaping agreement *hall be Rrltlsed Juns I, t0!! Pnge l0ollll
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C AT,GON CARBOIT CORPORATTON
$ERVICtr AGRAEMENT
cxocutcdr hr thc intcrest of protecting botlr parties fiom atty liabilitics which nray potcntinlly figsult frorn such videotaping.
13, $ONFtrQSNII,A.LITY; Other than in the performanes ofthe tenns of th{t Agreement, neither Subscriber nor its agents, einployees, or snbcontrscturs shall use or disclose to Eny persoll or entity any confideirtial ilrfornration of CCC (whethm written, oral, electrunic or other form) that is obtainpd or othcru.isc prcporcd or discovercd in comeclion with this Agrcuncnt.

Subsuiber agrces ihaf all pricing, discounts, de*ign dran'ings and tochnieal infomation that CCC providec tq $ubtoriher are the eonfidential and proprie{ory infrrmation of CCC, whelher or not otherq'ise irlerrtifiecl as such. The obligations under thir section contlnue porpetually a{rd survive the terrnination or expimtion of any underlying agreeinent between the parties. T'he provisiono cf this section relating to use end disclosure shnll not apply to tny infonnation that: {a) is or bccourcs gcnerally svailablc to tlrc public othcr than as a rcsult of a disclosurc by Subscribur undor thisAgrsfmentl (b) becomes availablc fo $ubssriber from a sourcs other thnn CCC nnithout breach of any obligation of con{identiality; (c) wae independerrtly devoloped by Subscriber without violation of CCC's rights arrd wittriaut rsference to the eonfi*lential infonnation, as Evidenced by written record$, rnaintained in the ordinary coums of business by Subscriber; {d) is used or discloscd n'ith tlre prior u'ritten apprcval of CCC; (e) is infornration prcviously known to Subscribcr as cvidcnccd by writtcn rccords rnaintsi$cd by Subsmibcr in thc brdinary coul se of business, nnd not otherv\'tse subje*t lo illy confideutiality restrictions; or {f $ubicriber becomes legally conrpelled (by oral clus$tion$, in(errogttorios, requestt f'or infonnation $r decuments, sutrpoenas, invesligativs d$ff,ands of $itnilar proeess) to tliselose. If Sgbscribpr lreconres legally compclled (Nry ornl questions, intenugatories, requests for infomration or documents, subpoenas, investigative delnands or similar procss*) to disclosc any of thc confidcntial hlfonnntion, Subscibcr shnll providc CCC with prompt writtctt noticc so thnt CCC may sqek a Froteotiys ordor or othor appropriate remedy or waivs conaptianco with the provisions of this Agreement. If sueh prot$ctive order or other re*rody is ne"rt obtairtedo or if CeC ivaives conrpliunce with the pnrvisions of this Agreernent, $ubscriber shall fumish only that portion oftlie conficlenlial infon:rntion which Subscriber is legally required to tlisclose arrd shall Lxercise its reasonntrlc efforts to obtain relinbls a$iltraucs that con{idential tlentrnelrt shall bc ncsorded the confidential information,
t4, MANAGEMENT pF CHANGET CCC is constantly striving to improve its products and capabillties end ro lrrovide the best product lo it cutrt$rters. eCC may from tiffe to tinre drlveltlp pruduct improvcrnent$ or rllteratisn$ with respect to the pnclucB hercuncler (tlte "Product i,lprov*mrnts"), and CCC mny implerlent such Proqluct Inrprovements without notice to $glscriber so long as the performance of the produc.ts will not be nrnterially dimininhed, as dctcrnrincd in CCC's solc discrction, $nd so long as CCC has not scpnrntcly agrccd in rvriting to provide sucft notification to Subscriber. In the cvent that CCC lras agreed in writing to providc iotic,e tlt"Prpduct Impr0r,en':eflt$ to Sult$cribet {the "Nolise"io then GCC *hall provide *uslt N*ticc ir: accordaarce witfi the tsrrns $st forth irt tlie sepnr{te lYriling.

I J. EXFORISON-TBQL$: Subscriber acknowledgw that the products and related technalogy arc subicct to U.S, Jxpo* controls and cconornic satrctiotts, rvhich may includc th* Int']matiCInal.

Trsf'fijin Arms Regulations t*lTAR"), the Export Adnrinistration Rogulotions ("EAR") and regularigns prrrrnulgated by rhe U.$, Departnrent ol-tlte Treasury Ofiice ol'Foreign Assets Rr'{i$cd Juns t. t0:? fngs I I ol'lf
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CAI'COFT CARBOT$ CORPORATION

SERVICII AGRDNMBNT
Control. Subscriber furthcr ackuorvlcdgcs that thc rocxporf of thc products and/or rclatcd technology ta a third country or retran*fer to an unflpproved end usf'r may require a licsn'ce or other auth0riy.ation from the Govemment ol-lhe United Slfltes. $uch licens€$ 0r other authorizalions rn{y iruBose firrther re*tdsti$ff on the regxFort or rstr*ntf,er of tN:e'ptoduct$ and/or relatcd technology, U.S. larv also restricts tlre rceryrorl or rc'tr*nsfer of U'S'-arigin good*, teclrnology, or selices to sountrips or psrsons sutrject lo U.S. sanctious or elnbmgoes' Subsribei nsrc*s to cornply n'ith all npplicnbtc U.S. export control and cconomic sanstions lalvs and ragulniioirs. it is the sols responeibility of the $ubssriber to apply for-andcbtain any n€cs$$;{y lieenr$ $r other authcriratiqrrr* prior lo any r$sxport 0f r*tr,aflsfer of the producl* and/or relateil teolrnology. CCC mak.eu ilt lvaranty that any such lic{rlrscs or ntber suttlorizations will be granted" and shall haye no liability for $ubscri.ber's inabitity to obtnin such ticenses or othsr authorizntion or for any violation by $ubscriber of any applicable expott contn,l and/or econoRric sanctions laws and rcgulntions. $ubscribcr rvill indcurnify CCC and hold it harrnless frorn any liabiliry resuNring from Subsuiber's rniolation of this pmrnisiotl ar applicable exporl laws or regulations. ].Iotwilhstserding nny other prcrvision in this Agreernenl CCC shall hrve the right to ieffrinr*e thi* Agroentent inrnrediately upon the detcnnlnation by CCC, irt CCC's sole discretio&, thflt $ubscriber has breacheel, intends to breach, cr insists upon bleaching nny of the provisions irr this section.
16, TERMI.N^TISN: CCC tray cancel thisAgreenrent if any ol:th* firllon'ing octtlr$:
(s) Sutt$criher becomss insolvent; (b) Subscriber ceas$s 1o csnduci its operationt in the norrnll course of busifiess; (c) Subscdber is unsble l0 ms$ its obligation$ a$ they n]aturel or adnrit ir:
rvriting such inability or fails to pr:ovide arlequate s$surance$ of itx abiliry to perform its ogligntions hsrsundeu (d) Subscriber filss a volnntary perition in hankruptcy; ('e) $utrscrlber suff"r* thc filing of an involuntnry petition in bankruptcy *nd ihc satnc is tot dismisscd ll'ithin rhirry (30) dayiafter filiug; (t) a ieieiver, custodian or lrustee is appointed for Subscriber or for a sr,t statrtiit part of it.r property; (g) $ubseriber fftils to nrake Feymenl on the tenns and rvithin {he tig:e speeifie{ in thi* Agreeincn! or brEaches any other obligatious under this Agreeuient; or 111) SubscribEl cxecutes an nssignmelrt for the benelit of its crEditoru, In the eveut of such iancellation, CCC shall have all rights and ren:edies set forth in the UCC of any npplicable jurisdiction and all other remedies available at lnrv or in equity. l?. ApIrLlgSBLElAl\i: Tlrix Agreement will be governed by, construed and enforsed in occordunee witlt rlrs la*s of the Coirrnnonrvsnlth of Pennsylvania, *lithout reguds to its confliet of low principles. The UN Conveirtior: rn Contracts for the Inteniational Sale of Goods shall llst applyto the trensaction reprs$ented hereby. The pnrties he.relo agree to tlre exch.tsive jurisdictian of giy stsre sourt situatsdln Allegheny County. Pennsy[vania ar in any Federal csil$ sittrnted in thc \Vcstcnr District of Pcttnsylvanin'
1fi. Ii4I"qCFLL4NEOU$; (rt ti flre evcrrt of ary lcgal prcceeding br:tween CCC ancl Subscriber relnting ts thi$ Agleement, ne.itlrEr party rnay claim the right to a trisl byjury; nnd both parties rvsivE nny right thiy nrny hnve under applicable lax'or othe rn'ise to a trisl by jury' - iUl ln thc cvcnt thst sny onc or morc provisions containcd lrcrcin shnll bc hcld by a *nurt nf .orlpetent jurisdiction to 6e invalid. illegal or unsnforceable in any rs$psct. the vatidity, Ra!irad Jnnr 1,30?l lhg* l2el'tg
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CALGON CARBON CORPORATION

SERVICE AGREEMENT
legalify and enforceability of tbe remaining provisions contained herein shall renrain in full force and effect, unless the revision materially changes the bargain. (c) CCC's failure to enforce, or CCC's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision, (d) CCC reserves the right to correct clerical, aritltmetical, or stenographic errors or omissions in this Agreement.
(e) Any notice or communication reguired nr permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certifred mail, postage prepaid, to a party at the address specified herein, or at such other address as eithcr parly may from time to time designate to the othcr. (0 Subscriber egrse$ that it will not use CCC's na:ne(s), logo(s) or mark(s) in any public somnrunication or press release, or for any other rnarketing or promotional purpose, rvithout CCC's prior written consent.
(g) Tlris Agleement does not constitute either party as the agent or legal representative of tlre other for any purpose whatsoever.

Rcvlsed June l, ?022 ?uge 13 of I 8
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CALGON CARBON CORPORATION

SERVICE AGREEMENT

EXHIBIT V

RATO SCHIDULE FOR ADDITIONAL CHARGES
The fallowing rush fees (in US dollars) will apply for shipments with less than three (3) business days'notice. Allruslr fees are flat fees.

Same day shipping.

Next day shipping.

Two-day shipping
The following rates (in US dollan) will apply to co$t over-runs Labor, Regular
Labor, Engineer
Labor, Per Diern
Labor, Weekend & Holiday
Service Vehicle Mileage
Vacuum Equtp. Demurrage
Bulk Trailer Demurrage
Bulk Trailer Overnight
$500 (Note: Order musl be received before noon EST.)
$400
$300
$l I SAnan hour
$120/man hour
$250/man night
1,5X labor rates
$3.57lmile
$57.14/hour
$85.71lhour
$228,51lnight
Subcontract<lrs and Parls Cost + 20%
Rerised June 1, 2022 Page 14 of I I
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CALGON CARBON CORJORATION

SERVICE AGREEMENT

EXHIBIT VI

GUIDELINES FOR RETURN FOR RIACTIVATTON

OF GRANULAR ACTIVATED CANBON
l. SPENT PROFILINC: To protect both the Subscriber and CCC from liability, spent media will not be removed fronr the job site without an approved profile. Federal and state regulations aro very striot concerning storage and transportation of non-profiled matarial. Since the spent media review and approval process requires varying amounts of time (generally two to tlrreo weeks), customsrs are required to get aoceptar:cepriorto nredia exchange. If the spentmedia does not havo acceptance at the time of service, tho spent msdia will be removcd at a later date and additional charges may result.

In order to pro{ile the spent media for reactivation (or disposal}, the Subscrjber is required to fully complete CCC's Adsorbate Profile Document (APD) and submit a spent media sample as described in the APD. Sanrple generation is best accornplished by using a Carbor: Acceptance canister which can be arranged through CCC's Customer Service Department. Ths spent media sample will be analyzed to ensure compliance of the APD.

2. ACCEPTANCE CRITERIA FORNON-RCRA and RCRA SPENT GAC: ThE aCCCPTANCC criteria attached hereto as Attachment I to Exhibit VI MUST be nret for return of spent GAC for reactivation.

Subscriber acknowledges and agrce$ that these criteria are subject to change witltout notice depending on permit renewals at each individqal reaotivation facility' Rer4sed June l,2022 Page 15 of I li
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CALGON CARBON CORPORATION

SERVICE AGREEMENT
Attachment I to Exhibit Vl
oeoral Catonnpoc'drrrce CriffitoaRCf,Arndlloo*CnAStcrf C.rboo RetttE bC.lgon Crrtoo C&orff
Lrlrff Inill.!!$ts3{..q!!allaal!!80$aDrai
fodrc, orre.$n rolrla tlg!**asrtffidr lfq"t c-.qe'-a^g9t "r lca*t-rrf,5
r r ra
'fl idror lortlDreBtlqlttt llt
bf.'lr!.ob,rdhn 0o0l
r? *Ftfrtcso,l illn t*!&t3 ha
vrsbco{ltt r0{s. rgt. r0gl. t&ti}.
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I
fddelrd[tr l€ril-6fc]a ,
.
l's*ac
l"!{h!$ot"
..b r; tcsrtumt til,lrcufe. 6 l'rltmo! rF*nntlraQtLctrfit0rcaildasa?Forsalrteltlir Rcvised June l, 2022 P6gel6oflS
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CALGON CARBON CORPORATION

SERVICE AGREEMENT

NXHIBIT VII

FAE ADJUSTMENT
Virgln GAC:
ftre feei payable pursuant hereto witl bo adjusted on (month and date) of each calendar year by the annual percentage change in the following three price indices, in the proportion indicated next to each index:

I ) U.S. Department of Labor PPI f:or All Other Basic Organic Chemicals Manufacturing:

Miscellaneous end-use ohemicals and chemical ptuducts, excluding urea (PCU325 I 99325 I 99T) @ 40Yoweight
2) U,S. Department of Labor CPI for Urban Wage Earners for the U.S. City Average (CWUR0000SA0) @ 4A% rveight
3) Transpo*ation: U.S. Departnront of Labor PPI by Commodity for'fransportation Serviccs:

Truck Transportation of Freight (WPU3012) @ 20% weight
The percent adjustment shall be calculsted by taking the perccnt tliffcrence for each index during the twelve month period from (month and date) througb (month and date) of the last completed calendar year as cornpared to the hvelve month period from (month and date) through (month and date) of the calendar year immediately preceding the last completed calendar year. These percentages willthen be averaged per the proportions shown above for calculating the final percent adjustment to which allvirgin OAC will be subject'
Annual Limits: Annual increases are limited to a maximum of l0% regardless of the above calculation, and annual decreases are limited to a maximuur of 5% regardless of the above calculation. No amounts in excess of these limits (either increases or decreases) shall be carried over t0 subsequent Years.

Initial Fec Limitl Regardless of any annual fee adjustment calculation, fees covered by this Agreement will at no tilne be reduced below tho lnitial Fee.

Custom Reqctivqfed .QAC (CMR):
@iiriireretowillbsadjustedon(nronthanddate)ofeachcalendaryearby ths annuat percentage change in the fotlcwing three price indices, in the proportion indicated next to eaoh index:
1) U.S. Department of Labor PPI Data for Utilitiss (Pcu22t---221--, @ n% weight ei U.S. Department of Labor CPI far Urban Wage Earners for the West (CWUR0400SA0) @ 60% weight
3) U.S. Defartmcnt of Labor PPI by Comrnodity for Transportation Services: Truck Tfansporlati on of Frei ght (WPU 3 0 I 2) @ 30% wei ght The percent adjusffient shall be calculated by taking the percent differcnce for cach index during the twelve roonth period from (month and date) through (month and date) of the last completed calendar year as compared to the twelve month period from (month and date) through (month and date) of ihe calsndar year inrnediatoly preoeding the last complated oalendar year. These Rerisod June 1,20?2 I'agelTollS
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CALGON CARBON CORPOfuTTTON

SERVICE AGREEMENT
perc€ntages will then be averaged per the proportions shown above for calculating the final percent adjustment to which all reactivated carbon will be subject.

Annual Limits; Annual increases are limited to a maximum of l0% regardless of the above calculation, and annual decreases are limited to a maximum of 5% regardless of the above calculation. No arnounts in excess of thsse limits (either increases or decreases) shall be carried over to subsequent years.

Initial Fee Limit: Regardless of any amual fee adjustrnent calculation, fees covered by this Agreement will at no time be reduced below the Initial Fee' Additio4al Virgin Make-Un Pricins for CryIR:

The custom reaiiivated carbon (CMR) fee in the Agreement includes ?0% virgin make-up CAC.

In those cases where additioual virgin make-up GAC in excess of 20% is required to meet quality control requirements or to replace spent GAC that was fouled and could not be clcanod, the additional virgin make-up GAC shall be provided at an initial cost of $1.8011b, This price shall also be adjusted on an annual basis, using fhe following indioes in the proportion indicated next to each indei (note: Annual and lnitial Fee Limits apply here as for Virgin GAC above):
1) U.S. Deparrment clf Labor PPI for All Other Basic Organic Chemicals Manufacturing:

Miscellaneous End-use chemicals and chemical products, excluding urea (PCU325 1 9 932s t 991) @ 40% wei ght
2) U.S. Departrnent of tabor CPI for Urban Wage Earner$ for the U,S, City Average (C\VUR0000SA0) @ 40% weight
3) iransportation: U.S, Departlnent of Labor PPI by Commodity for Transportation Services:

TruckTransportation of Freight (WPU30I2) @ 20%weight
Revised June 1, 2022 PagE l8 0f I I
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FINANCIAL INTEREST DISCLOSURE
Any contract award therewith will require approval by a majority vote of the City of Modesto’s City Council.

In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Vendor until all person with a direct or indirect financial interest of greater than $2,000 in the Vendor are identified by name.

Vendor must therefore complete this 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 City Council agenda items without the disclosure will be removed from the Council agenda.

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

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

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

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Vendor meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

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

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

Bidder Company Name:

Name of Vendor Signatory:

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

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

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

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

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(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 Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 6, 2026
March 18, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice Chair
Erik Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Coffee Road Pavement Rehabilitation Phase II Project CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], (209) 571-5552
DESCRIPTION:

Consider the Plans and Specifications for the Coffee Road Pavement Rehabilitation Phase II Project, accepting the Bid and Awarding a Contract to United Pavement Maintenance, Inc., of Hughson, CA, for a total amount not to exceed $3,057,484, and forwarding to Council for approval. (Funding Source: Measure L Funds) STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City of Modesto 2025-2026 Strategic Plan Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

This project will rehabilitate the pavement on Coffee Road between Norwegian Avenue and Scenic Drive with an asphalt overlay and new striping. The project will also add three mid-block crosswalks and curb ramps which will require minimal excavation within existing right of way. Overall, the traffic on Coffee Road will be able to drive on smoother pavement, upgraded bicycle facilities and will have more visible markings and signage throughout the corridor. In addition to performing pavement maintenance, one of the goals of this project is to provide safer crosswalks for pedestrians in the general area of Downey High School.
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Economic Development Committee, April 6, 2026
Coffee Road Pavement Rehabilitation Phase II Project