Agenda packet — Economic Development Committee, April 6, 2026 (part 1 of 3)

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www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE

COUNCIL WORKSHOP
2001-40 Del Puerto Room.

Tenth Street Place, 1010 10th Street
Modesto, California
Monday, April 06, 2026 at 4:00 PM
Roll Call: Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
Alternates: Rosa Escutia-Braaton, Chris Ricci, Jeremiah Williams, David Wright Council has not delegated directive or final approval authority to the Committees.

Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. * Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of California Government Code section 54953.8.3.
*If a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Senate Bill 707, California Government Code section 54953.8.3. Alternative viewing options are listed below, and the meeting is physically open to the public.
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“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

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

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

PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.

Only interested persons in the audience may present these matters.

Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
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SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record but will not be read aloud during the meeting.

Written comments must be received two hours before the meeting.

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

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.

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

Consent

1. Consider three On-Call Consultant Agreements for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; BSK Associates, of Fresno, CA; and Terracon Consultants, Inc., of Sacramento, CA, for a three-year agreement with two one-year extension options, for an estimated annual amount not to - 3 -
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exceed $99,500 per consultant, and an estimated total amount not to exceed $497,500 over five years, authorizing City Manager to reallocate funds, and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
• Motion recommending three On-Call Consultant Agreements for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; BSK Associates, of Fresno, CA; and Terracon Consultants, Inc., of Sacramento, CA, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500 per consultant, and an estimated total amount not to exceed $497,500 over five years, authorizing City Manager to reallocate funds, and forwarding to Council for approval.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent

2. Consider the Agreement for Rock Well Rejuvenation Services to Fox Loomis, Inc., Sacramento, CA, for a total amount not to exceed $2,871,991 over five years and forwarding to Council for approval. (Funding Source: Storm Drain Fund) • Motion recommending the Award of Bid and Agreement for Rock Well Rejuvenation Services to Fox Loomis, Inc., Sacramento, CA, for a two year agreement with three one-year extension options, for an estimated annual amount of $574,398 and a total amount not to exceed $2,871,991 over five years and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent

3. Consider the Agreement for Sewer Root Control Services to Duke’s Root Control, Inc., Syracuse, NY, for a total amount not to exceed $747,601 over five years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund) • Motion recommending the Award of Bid and Agreement for Sewer Root Control Services to Duke’s Root Control, Inc., Syracuse, NY, for a two-year agreement with three one-year extension options, for an estimated annual amount of $149,521 and a total amount not to exceed $747,601 over five years; and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent

4. 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 $158,945 over five years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)
• Motion recommending the Award of Bid and Agreement for the transport of non-hazardous Wastewater debris to disposal site services to Bertolotti Modesto Disposal Inc., Modesto, CA, for a two-year agreement with three one-year extension options, for an estimated annual amount of $29,645, for a total - 4 -
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amount not to exceed $158,945, over five years and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent

5. 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)
• Motion recommending an Engineering Services Agreement with Woodard & Curran, of Sacramento, CA, for the preparation of the Groundwater Recharge and Storage Feasibility Study - Phase ll, 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.

UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent

6. 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 years and forwarding to Council for approval. (Funding Source:

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

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

NEW BUSINESS

7. 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) • Motion recommending the approval of 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, in the amount of $3,057,484, and authorizing Change Orders up to a cumulative amount of $305,749, for a total Agreement amount not to exceed $3,363,233, and forwarding to Council for approval.

ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
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ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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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: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: On-Call Agreements for Materials Testing and Special Inspection Services for Various Capital Improvement Projects
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444
DESCRIPTION:

Consider three (3) On-Call Consultant Agreements for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; BSK Associates, of Fresno, CA; and Terracon Consultants, Inc., of Sacramento, CA, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500 per consultant, and an estimated total amount not to exceed $497,500 over five years, authorizing City Manager to reallocate funds, and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-26 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

During the course of construction, on-call firms for materials testing and special inspections will be needed to meet the City’s quality assurance requirements. On-Call services are performed by outside consultants because the City does not own and operate a certified facility capable of providing materials testing services, nor does staff #1..
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Economic Development Committee, April 6, 2026
Approve On-Call Agreements for Materials Testing and
Special Inspection Services for Various Capital Improvement Projects

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have the required certifications to provide special inspection services. Retaining on-call agreements with consultants allows the Engineering Services Department to have timely access to certified material testers, labs, and special inspectors.

The current On-Call materials testing and special inspection agreements are with Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc., all agreements are set to expire in April 2026.

DISCUSSION:

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” agreements for professional services are exempt from the formal bidding process and requirements, if competitive quotations or proposals have been sought informally from at least three (3) qualified entities.

Furthermore, in accordance with Administrative Directive 3.1, Selection Procedures for Professional Consultants Who Provide Architectural & Engineering Services for Capital Projects, a Request for Qualification and Proposals (RFQ/RFP) was formally advertised through OpenGov on November 6, 2025 for On-Call Special Inspection and Materials Testing Services.

Eleven firms submitted responses to the RFP-RFQ.

After careful Review of the Statement of Qualifications & Proposals, staff determined that Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc., were the three most qualified firms. Staff recommends that the City enter into on-call agreements with each firm for a three-year agreement with two one-year extension options, for an annual amount not to exceed $99,500 per consultant, and a total amount not to exceed $497,500 over five years.

Each of the three firms Krazan, BSK, and Terracon, will be assigned to a Capital Improvement Project before construction begins and will be utilized throughout the duration of the project. When services are required for a particular project, a specific scope of services is to be provided by the Consultant and shall be further defined and authorized by the City through the issuance of a project-specific Task Order. Each specific Task Order will require a written scope outlining the specific services to be provided by the Consultant, the schedule for completion, and the proposed compensation amount and payment methodology to perform the specified services. The City must authorize each Task Order in writing prior to commencement of services by the Consultant. The cumulative amount of all task orders for special inspection and materials testing services shall not exceed the approved agreement amount.

FISCAL IMPACT:

Cost for materials testing and special inspection will be based on unit process and hourly rates agreed to in the contract. Costs will vary on a project-by-project basis and are billed #1..
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Economic Development Committee, April 6, 2026
Approve On-Call Agreements for Materials Testing and
Special Inspection Services for Various Capital Improvement Projects

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respectively to each project. When construction projects are completed, staff includes these expenses with each staff report for project acceptance.

The funding source for the on-call services will be through various Capital Improvement Program project budgets.

CEQA/NEPA REQUIREMENTS:

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

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion recommending three (3) On-Call Consultant Agreements for Materials Testing and Special Inspection Services with Krazan & Associates, Inc. of Fresno, CA; BSK Associates, of Fresno, CA; and Terracon Consultants, Inc., of Sacramento, CA, for a three-year agreement with two one-year extension options, for an estimated annual amount not to exceed $99,500 per consultant, and an estimated total amount not to exceed $497,500 over five years, authorizing City Manager to reallocate funds, and forwarding to Council for approval.

Approved by:
_____________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_____________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Agreement with Krazan & Associates, Inc.

2. Agreement with BSK Associates

3. Agreement with Terracon Consultants, Inc.
#1..
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Krazan & Associates, Inc., a California Corporation, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that there a need for On-Call Materials Testing and Special Inspection Services for Various Capital Improvement Projects. 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. TERM OF AGREEMENT.

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

Year 1: April 28, 2026, through April 27, 2027
Year 2: April 28, 2027, through April 27, 2028
Year 3: April 28, 2028, through April 27, 2029
Year 4: April 28, 2029, through April 27, 2030
Year 5: April 28, 2030, through April 27, 2031
Pricing shall remain firm for the first three (3) years of the agreement.

Price increases for subsequent AGREEMENT years, 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 CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

2. SCOPE OF SERVICES.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or “Project”. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY. #1..
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2 3. COMPENSATION.

CONSULTANT agrees to the annual estimated amount of $99,500 and a sum not to exceed $497,500 (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.

CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive12.

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

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 Shawn Baker 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. #1..
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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, #1..
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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 #1..
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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:

FOR
CONSULTANT:

Krazan & Associates, Inc
Attention: Shawn Baker
448 Mitchell Rd, Suite C
Modesto, CA 95354
(209) 572-2200
[email protected]
CITY: City of Modesto
Engineering Services
Attention: Pete Kambel
P.O. Box 642
Modesto, CA 95353
(209) 577-5348
[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. #1..
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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:

J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in #1..
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7 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.
#1..
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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. #1..
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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. CITY 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 attested by its City Clerk under authority of Resolution No. 2026 - ______, adopted by the Council of the City of Modesto on the 28th day of April, 2026, and Krazan & Associates, Inc. has caused this AGREEMENT to be duly executed as of the Effective Date. #1..
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and BSK Associates, a California Corporation, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that there is a need for On-Call Special Inspection Services and Materials Testing for Various Capital Improvement Projects. 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. TERM OF AGREEMENT.

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

Year 1: APRIL 28, 2026, through APRIL 27, 2027
Year 2: APRIL 28, 2027, through APRIL 27, 2028
Year 3: APRIL 28, 2028, through APRIL 27, 2029
Year 4: APRIL 28, 2029, through APRIL 27, 2030
Year 5: APRIL 28, 2030, through APRIL 27, 2031
Pricing shall remain firm for the first three (3) years of the agreement.

Price increases for subsequent AGREEMENT years 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 CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

2. SCOPE OF SERVICES.

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

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

4. OBLIGATIONS OF CONSULTANT.

5. PERFORMANCE BY KEY EMPLOYEE.

CONSULTANT has represented to CITY that Michael Kibbey 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. #1..
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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.

7. NEWS AND INFORMATION RELEASE.

8. CONFLICT OF INTEREST.

9. AMENDMENTS.

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, #1..
- 21 -
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.

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.

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 #1..
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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:

FOR
CONSULTANT:

BSK Associates
Attention: Stewart Thompson
691 N. Laverne Ave Suite. 101
Fresno, CA 93727
(559) 974-7438
[email protected]
CITY: City of Modesto
Engineering Services
Attention: Pete Kambel
P.O. Box 642
Modesto, CA 95353
(209) 577-5444
[email protected]

14. INSURANCE REQUIREMENTS.

15. TERMINATION OF AGREEMENT.

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. #1..
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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:

J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in #1..
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7 accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.

16. INDEMNITY.

18. ATTORNEY'S FEES.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This AGREEMENT shall be governed according to the laws of the State of California. #1..
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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.

26. CITY 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 attested by its City Clerk under authority of Resolution No. 2026 - ______, adopted by the Council of the City of Modesto on the 28th day of April, 2026, and BSK Associates has caused this AGREEMENT to be duly executed as of the Effective Date. #1..
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Terracon Consultants, Inc., a Delaware Corporation, hereinafter referred to as "CONSULTANT".

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

1. TERM OF AGREEMENT.

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

Year 1: APRIL 28, 2026 through APRIL 27, 2027
Year 2: APRIL 28, 2027 through APRIL 27, 2028
Year 3: APRIL 28, 2028 through APRIL 27, 2029
Year 4: APRIL 28, 2029 through APRIL 27, 2030
Year 5: APRIL 28, 2030 through APRIL 27, 2031
Pricing shall remain firm for the first three (3) years of the agreement.

2. SCOPE OF SERVICES.

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

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

4. OBLIGATIONS OF CONSULTANT.

5. PERFORMANCE BY KEY EMPLOYEE.

CONSULTANT has represented to CITY that Troy Schiess 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. #1..
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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.

7. NEWS AND INFORMATION RELEASE.

8. CONFLICT OF INTEREST.

9. AMENDMENTS.

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, #1..
- 30 -
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.

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.

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 #1..
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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:

FOR
CONSULTANT:

Terracon Consultants, Inc.

Attention: Alberto Flores Franco
50 Goldenland Court
Sacramento, CA 95834
(916) 246-5089
[email protected]
CITY: City of Modesto
Engineering Services
Attention: Pete Kambel
P.O. Box 642
Modesto, CA 95353
(209) 577-5444
[email protected]

14. INSURANCE REQUIREMENTS.

15. TERMINATION OF AGREEMENT.

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. #1..
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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:

J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in #1..
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7 accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.

16. INDEMNITY.

18. ATTORNEY'S FEES.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

23. GOVERNING LAW.

This AGREEMENT shall be governed according to the laws of the State of California. #1..
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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.

26. CITY 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 attested by its City Clerk under authority of Resolution No. 2026 - ______, adopted by the Council of the City of Modesto on the 28th day of April, 2026, and Terracon Consultants, Inc. has caused this AGREEMENT to be duly executed as of the Effective Date. #1..
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 06, 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 and Director of Utilities
SUBJECT: Rock Well Rejuvenation Services
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider the Agreement for Rock Well Rejuvenation Services to Fox Loomis, Inc., Sacramento, CA, for a total amount not to exceed $2,871,991 over five (5) years and forwarding to Council for approval. (Funding Source: Storm Drain Fund) STRATEGIC PLAN ELEMENT:

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

The City of Modesto’s stormwater collection system contains approximately 9,600 rock wells. Rock wells function to effectively drain surface water from streets during storm events over a twenty-four-hour period.

Over time, rock wells can become less effective due to the accumulation of debris and fine dirt. When this occurs, the rock well must be rejuvenated or replaced, prompting the need for rock well rejuvenation services.
#2..
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Economic Development Committee, April 06, 2026
Rock Well Rejuvenation Services

Page 2 of 4 ends

On October 13, 2020, by Resolution No. 2020-423, Council approved an agreement with Fox Loomis for Rock Well Rejuvenation Services for a total amount not to exceed $3,000,000 over five (5) years.

On June 23, 2025, the City Manager authorized an extension to the contract with no additional costs, to go into effect on October 13, 2025, and expire on June 30, 2026.

The current rock well rejuvenation agreement will expire on June 30, 2026. Wastewater is requesting the award of a new agreement in order to continue services.

DISCUSSION:

The Wastewater Division is responsible for planning the installation of new rock wells and the repair and maintenance of existing rock wells throughout the City of Modesto.

Rock wells are essential in the mitigation of flooding during storm events. As rock wells lose their ability to effectively drain surface water, staff rely on contractual services to perform complete rejuvenations of these structures.

The Utilities Department, Wastewater Division, requires a Contractor to provide Rock Well Rejuvenation services, as needed.

On May 27, 2025, the City Manager authorized the Purchasing Manager to solicit procurement for Rock Well Rejuvenation Services. On November 18, 2025, the Wastewater Division issued Invitation for Bids (IFB) 2425-51 for the furnishing of Rock Well Rejuvenation Services on the City’s OpenGov public bidding website under various commodity codes1. 4,211 prospective bidders were notified online which included fortyfive (45) local vendors. Thirty-four (34) companies downloaded the IFB document from OpenGov and five (5) were local vendors.

On December 16, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) chose to respond, there was one (1) local bid received. Based on proving the lowest responsive and responsible bid, City Staff recommended to award the furnishing of Rock Well Rejuvenation to Fox Loomis, Inc., Sacramento, CA, for a (2) two-year agreement with (3) three one-year extension options for an estimated annual amount of $574,398, for a total amount not to exceed $2,871,991, 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 procedures. An Award of Bid and Agreement for Rock Well Rejuvenation services for Utilities Department use to Fox Loomis, Inc., Sacramento, CA, conforms to the 1 91223 Construction, General (Backfill Services, Digging, Ditching, Road Grading, Rock Stabilization, etc.), 91244 Excavation Services, 96296 Well Services (Including Oil, Gas, and Water): Drilling, Plugging, Consulting, Maintenance, Repair, etc.
#2..
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Economic Development Committee, April 06, 2026
Rock Well Rejuvenation Services

Page 3 of 4 ends

Modesto Municipal Code because the City complied with the formal bid procedures and Fox Loomis, Inc. was the lowest responsive and responsible bidder.

FISCAL IMPACT:

The anticipated annual cost of $574,398 has been budgeted within the Storm Drain Fund (4480), Storm Collections (44222) Fiscal Year 2026-27 operating budget.

The overall agreement total was calculated by forecasting the Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast.

Annual increases will be calculated using the current CPI index at the time of the requested increase.

Table 1. HISTORICAL AGREEMENT SPEND
Year 1 (10/13/2020 – 10/12/2021) $445,220
Year 2 (10/13/2021 – 10/12/2022) $423,254
Year 3 (10/13/2022 – 10/12/2023) $552,546
Year 4 (10/13/2023 – 10/12/2024) $402,280
Year 5 (10/13/2024 – 10/12/2025) $175,410
Year 6 Ext. (10/13/2025 – 6/30/2026) $103,251
TOTAL $2,101,961
ANNUAL AVERAGE $399,7422
ADJUSTED ANNUAL AVERAGE $535,6543
Table 2. ANTICIPATED AGREEMENT EXPENDITURES
Agreement Year Estimated
Expenditure
CPI (5.8%) Total Expenditure
Year 1 $535,654 $0 $535,654
Year 2 $535,654 $0 $535,654
Year 3 $535,654 $31,068 $566,722
Year 4 $566,722 $32,870 $599,592
Year 5 $599,592 $34,777 $634,369
ANNUAL AVERAGE $574,398
TOTAL $2,871,991
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 Recommendations:
2 Annual average excludes Year 6 due to this being an extension and not capturing a full year of usage. 3 Adjusted annual average accounts for a 34% increase from New Bid to Current Agreement Bid. #2..
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Economic Development Committee, April 06, 2026
Rock Well Rejuvenation Services

Page 4 of 4 ends

Motion recommending the Award of Bid and Agreement for Rock Well Rejuvenation Services to Fox Loomis, Inc., Sacramento, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $574,398 and a total amount not to exceed $2,871,991 over five (5) years and forwarding to Council for approval.

Approved by:

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

1. Agreement

2. Cost Abstract

3. Exhibit C – IFB-2425-51 Rockwell Rejuvenation

4. Exhibit B – Fox Loomis, Inc. Bid Submittal, Financial Interest Disclosure, and Levine Act Form

5. Exhibit D – Insurance Requirements
#2..
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1 ANNUAL AGREEMENT FOR
ROCKWELL REJUVENATION SERVICES – AGREEMENT #318321
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 Fox Loomis, 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 furnishing of Rockwell Rejuvenation Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Rockwell Rejuvenation Services as described in IFB 2425-51, 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. #2..
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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 $574,398. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $2,871,991. 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. PREVAILING WAGES:

In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit "B" are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#:20260618083

3. CITY REPRESENTATIVE:

CITY Representative is Robert Englent, [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.

4. CONTRACTOR CONTACT:

Steven Pugliese
(916) 831-9731
[email protected]
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3 5. TERM OF AGREEMENT:

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

Year 1: July 1, 2026 through June 30, 2027
Year 2: July 1, 2027 through June 30, 2028
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
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.

6. 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.

7. 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
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4 Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 318321
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. 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.

9. 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.

10. 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.

11. 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 #2..
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5 B. Resolution No.2026 - ____;
C. CONTRACTOR Bid submittal;
D. IFB 2425-51;
E. Contractor’s City of Modesto business license

12. 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 and/or 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; #2..
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6 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.

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; 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.

13. 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.

14. 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 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.
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7 15. 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 CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. 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.

17. DIR REGISTRATION:

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

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

19. NOTICES:

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

CONTRACTOR: Fox Loomis, Inc.

Attention: Steven Pugliese
6901 McComber Street
Sacramento, CA 95828
(916) 831 - 9731
[email protected]
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8 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.

20. 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.

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

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

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

24. NON-DISCRIMINATION:

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

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

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

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

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

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

25. CONTRACTOR LICENSES & PERMITS:

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

26. RECORDS:

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

27. FACILITIES AND EQUIPMENT:

Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
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10 28. INDEPENDENT CONTRACTOR; NOT AGENT:

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

29. DRUG FREE WORKPLACE:

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

30. ASSIGNMENT:

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

31. WAIVER:

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

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

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit "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. #2..
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11 35. PARTIAL INVALIDITY:

Line Item Description Estimated Annual QuantityUnit of Measure Unit Price Extended Price 1 Vacuum down existing Rockwell (18' below grade) 72 JOB $1,300.00 $93,600.00 2 Remove existing corrugated, core pipe 72 JOB $50.00 $3,600.00 3 Re-drill existing Rockwell to its maximum depth (50') 72 JOB $1,223.00 $88,056.00 4 Install new 8"x 20' SDR-35 core pipe with 9½ core
screen 72 JOB $480.00 $34,560.00
5 New washed 1½" drain rock 72 JOB $750.00 $54,000.00
6 Disposal of re-drilled soils and old core pipe 72 JOB $600.00 $43,200.00 Total $317,016.00
1 Driving of additional well core pipe 8 JOB $2.00 $16.00 2 Remove and dispose of Mud/Debris 8 JOB $695.00 $5,560.00 3 Cut new perforations using a "Knife" tool 8 JOB $3,011.00 $24,088.00 4 Clean Rockwell with Cable Tool and Scrubbed 8 JOB $695.00 $5,560.00 Total $35,224.00
1 Drill new 30" Well to a Maximum depth of 50' 2 JOB $5,565.00 $11,130.00 2 Install new 8"x 20' SDR-35 core pipe with 9½" core
screen 2 JOB $480.00 $960.00
3 Install new 30"x 12' corrugated 2 JOB $390.00 $780.00 4 Fill well with new, washed 1½" drain rock 2 JOB $750.00 $1,500.00 Total $14,370.00
1 Drill new 24" hole to a maximum depth of 30' (2 5 JOB $4,400.00 $22,000.00 2 Drill new 24" hole to a maximum depth of 30' (3 5 JOB $4,400.00 $22,000.00 3 Drill new 24" hole to a maximum depth of 30' (4 5 JOB $4,400.00 $22,000.00 Total $66,000.00
1 Traffic Control Type A (simple) 60 JOB $62.50 $3,750.00 2 Traffic Control Type B (complex) 12 JOB $62.50 $750.00 Total $4,500.00
GRAND TOTAL: $437,110.00
City of Modesto
IFB 2425-41 Cost Abstract
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1 INVITATION FOR BIDS (“IFB”) NO. IFB 2425-51
FOR

ROCKWELL REJUVENATION SERVICES

THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BIDS DUE: December 16, 2025 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB 2425-51

ROCKWELL REJUVENATION 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
EXHIBIT C: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB 2425-51

ROCKWELL REJUVENATION 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 Rockwell Rejuvenation 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, December 16, 2025, 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. #2..
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INVITATION FOR BIDS # IFB 2425-51

ROCKWELL REJUVENATION SERVICES
4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: November 18, 2025
Questions Due via City's OpenGov
Procurement portal:

November 25, 2025, 5:00pm
Addendum Issued (if required): December 2, 2025
Bid Due Date & Time: December 16, 2025, 11:00am
Approximate Contract Award Date: February 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 Tuesday, November 25, 2025. 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.

CALIFORNIA LABOR CODE SECTION 1771.1(A)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to #2..
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INVITATION FOR BIDS # IFB 2425-51

ROCKWELL REJUVENATION SERVICES
5 perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

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

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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INVITATION FOR BIDS # IFB 2425-51

ROCKWELL REJUVENATION SERVICES
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, December 16, 2025. 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. #2..
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INVITATION FOR BIDS # IFB 2425-51

ROCKWELL REJUVENATION SERVICES
7 GENERAL BID REQUIREMENTS

BID SUBMITTAL
Bidders shall submit 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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INVITATION FOR BIDS # IFB 2425-51

ROCKWELL REJUVENATION SERVICES
8 • Bidder Warranty Statements
• Bidder Experience and Certifications
• Subcontractor List (if applicable)
• California Levine Act Disclosure
• Prevailing Wage Form

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 #2..
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9 the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.

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.

PREVAILING WAGE
Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120.

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

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.
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11 • 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;
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:

ROCKWELL REJUVENATION SERVICES
12 shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
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:

ROCKWELL REJUVENATION SERVICES
13 except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

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

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

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

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
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. #2..
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14 PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on 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.** The payment of Prevailing Wages is required for this project. *Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

ROCKWELL REJUVENATION
Modesto, Parish, County Specification
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Vacuum down existing Rockwell
(18' below grade)
72 JOB

2. Remove existing corrugated, core
pipe
72 JOB

3. Re-drill existing Rockwell to its
maximum depth (50')
72 JOB

4. Install new 8"x 20' SDR-35 core
pipe with 9½ core screen
72 JOB

5. New washed 1½" drain rock 72 JOB

6. Disposal of re-drilled soils and old
core pipe
72 JOB
TOTAL
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15 ROCKWELL REJUVENATION
Turlock Specification
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Driving of additional well core pipe 8 JOB

2. Remove and dispose of Mud/Debris 8 JOB

3. Cut new perforations using a
"Knife" tool
8 JOB

4. Clean Rockwell with Cable Tool
and Scrubbed
8 JOB
TOTAL

NEW ROCKWELL
Well Cap to be Completed by City Forces
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Drill new 30" Well to a Maximum
depth of 50'
2 JOB

2. Install new 8"x 20' SDR-35 core
pipe with 9½" core screen
2 JOB

3. Install new 30"x 12' corrugated
aluminized/galvanized metal can,
per detail 404
2 JOB

4. Fill well with new, washed 1½"
drain rock
2 JOB
TOTAL
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16 DRYWELL DRILLING
Drywell Pit to be Completed by City Forces
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Drill new 24" hole to a maximum
depth of 30' (2 holes)
5 JOB

2. Drill new 24" hole to a maximum
depth of 30' (3 holes)
5 JOB

3. Drill new 24" hole to a maximum
depth of 30' (4 holes)
5 JOB
TOTAL

TRAFFIC CONTROL
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Traffic Control Type A (simple) 60 JOB

2. Traffic Control Type B (complex) 12 JOB
TOTAL
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17 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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18 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. #2..
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19 ☐ 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:

ROCKWELL REJUVENATION SERVICES
20 • 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)
☐ Option B
*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
*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. #2..
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21 ☐ 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. ☐ 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. #2..
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22 ☐ 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
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
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23 • 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:
• Full Street Address
• City
• State
• Country
• Postal Code
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24 *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
STATE OF CALIFORNIA CONTRACTOR LICENSE WITH "C-57 WELL DRILLING CONTRACTOR" OR "CLASS A - GENERAL ENGINEERING LICENSE"*
*Response required
DIR REGISTRATION NUMBER*
Please provide your State of California Department of Industrial Relations (DIR) Registration Number. *Response required
DIR REGISTRATION EXPIRATION DATE*
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number.
*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"
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25 BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Please download the below documents, complete, and upload. • Bidder_Exceptions,_Clarific...
*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
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26 BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
*Response required
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
*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
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required
PREVAILING WAGE LABOR CRAFT AND LABOR RATE*
Please download the below documents, complete, and upload. • Prevailing_Wage_Form.doc
*Response required
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27 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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28 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SCOPE OF WORK
The Utilities Department, Wastewater Division, requires a Contractor to provide Rockwell Rejuvenation services on an as needed basis.

The City may re-drill or rejuvenate up to 50 to 100 Rockwells annually and on occasion up to two (2) Modesto, Parish and County Rockwells on the same business day.

In the event an existing well cannot be rejuvenated due to the surrounding soil conditions, the City usually installs a drywell. However, if there is not enough room for a drywell, a new Rockwell may need to be drilled.

The successful bidder shall have the ability to meet these requirements.

GENERAL REQUIREMENTS
A. Rockwells:

1. Contractor shall be responsible for obtaining groundwater level prior to drilling each Rockwell.

Groundwater levels shall be obtained by using the California Department of Water Resources Water Data Library.

2. Wells shall be drilled without water and kept at a minimum of 10’ above the zone of saturation. If the zone of saturation is found, the well shall be filled with coarse sand stratum to maintain a minimum separation of 10’ above groundwater.

3. At NO time shall a slip shield be used during the drilling process.

4. Contractor will protect existing structures from breakage and contamination.

B. Traffic Control:

The Contractor shall furnish all traffic control, as necessary to protect the worksite and provide direction to ensure the safety to pedestrians and motorists and workers, from the start to the completion of the project.

1. Provide all traffic control signage and equipment in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) requirements.

2. Anticipated project conditions/areas requiring traffic control are as follows:
a. Traffic Control Type A (simple):
• Residential/commercial,
• Single lane traffic,
• Low speed (35mph or less),
• Non-major throughfare roads with up to 1 lane shift.
b. Traffic Control Type B (complex):
• Commercial or major throughfare road
• Single or Multiple lane(s) traffic
• High speeds (35mph+)
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29 • 1 or more lane shifts,
• Flagging as needed.

C. Barricades:

The Contractor shall provide and place barricades and/or safety ribbon as necessary to restrict access to the work areas. The Contractor shall be responsible for maintaining access control of the work areas from the time construction starts until the time the work site is returned to its pre-project condition, including paving and cleanup.

D. Cleanup:

The Contractor shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the Contractor’s work from the work site and shall dispose of all the materials and debris in a proper manner.

1. The work site shall be left clean and neat.

2. All vacuumed and re-drilled spoils and the old core pipe shall be removed from the worksite and properly disposed of.

3. All plant piping used to transport materials from the work area shall be flushed at the completion of the work.

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

E. Licenses:

All equipment operators shall have necessary licenses and certifications ensuring qualifications to operate their specific equipment.

F. Daily Drill Log (DDL):

A DDL is required for each Rockwell rejuvenation. The DDL shall include the well number and the level used to determine groundwater level, in feet. (Reference Exhibit A)

1. The DDL shall be emailed to the Technical Liaison each Friday indicating what work has been completed for that week.

2. The Awarded Bidder will be provided contact information for the Technical Liaison.

SERVICE SPECIFICATIONS
A. Modesto Rockwell:

1. Vacuum down the existing Rockwell to 18' below existing grade before re-drilling.

2. Remove existing 6", 8" or 12" corrugated core pipe.

3. Re-drill existing Rockwell to its maximum depth of 50', keeping 10' above the historical high ground water through the existing opening, using a 20" diameter drilling bucket. The well shall be re-drilled without water to identify zone of saturation. Cutting of the existing cross pipe may be necessary for this purpose.

4. Install a new 8"x 20' SDR-35 plastic perforated core pipe, bell end up #2..
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30 5. Core pipe – 8" SDR 35 PVC sewer pipe, 20' length, perforated 4 rows of ½", holes at 90° apart on 6" centers, to within 6" of each end or equal.

6. Add new washed 1½" drain rock with 8" core pipe.

7. Drain rock – 1½" washed commercial grade quality.

B. Modesto Rockwell Specifications – Low Overhead <15’:

Contractor shall have the capacity to perform drilling operations under overhead power lines with as little as 15' overhead clearance. Contractor shall be able to perform work while meeting required clearances, without disrupting overhead utilities.

1. Vacuum down the existing Rockwell to 18' below existing grade before re-drilling.

2. Remove existing 6", 8" or 12" corrugated core pipe.

4. Install new two (2) 8"x 10' SDR-35 plastic perforated core pipe, bell end up

5. Core pipe – 8" SDR 35 PVC sewer pipe, length to be 20’ overall, sections shall be solvent welded, perforated 4 rows of ½", holes at 90° apart on 6" centers, to within 6" of each end, or equal.

6. Add new washed 1½" drain rock with 8" core pipe.

7. Drain rock – 1½" washed commercial grade quality. Rockwell shall be cleaned with a cable tool and scrubbed.

C. Turlock Rockwell:

1. Rockwell shall be cleaned with a cable tool and scrubbed.

2. The driving of additional well core pipe shall be at the direction of the City’s Technical Liaison.

3. Technical Liaison contact information will be provided to the awarded bidder.

4. The Turlock core pipe shall be allowed to silt in to maintain a minimum of 10' above the zone of saturation.

5. Cable Tool out mud/debris and scrub to its maximum depth of 70’, keeping 10' above the historical high ground water with a “cable tool type” drill rig equipped with a 12” wire brush through the existing opening.

6. New perforations may be required using a “Knife” tool.

7. Air cleaning of the core pipe will not be allowed in place of scrubbing.

D. New Rockwell:

1. City forces will remove any surface concrete or asphalt,

2. Drill new 30" well to a maximum depth of 50',

3. Install new 8" x 20' SDR-35 core pipe with 9½" core screen,

4. Install new 30” x 12’ corrugated aluminized/galvanized metal can, per detail 404.

5. Fill well with new washed 1½" drain rock,

6. City forces will complete well cap.

E. Drywell Drilling:
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31 1. The City occasionally requires drilling at Drywell sites. At these sites the City will have excavated the Drywell pit (typically 16’) but not reached soil suitable for drainage.

2. The contractor will drill four (4) 24” holes in each corner of the pit, to a maximum depth of 30’ at the direction of the City’s Technical Liaison.

3. City forces will remove drilled soils, backfill holes with rock or sand, and finish drywell pit. #2..
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33 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. #2..
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34 SAMPLE ANNUAL AGREEMENT - SERVICES
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 “A” 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 “B” 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. PREVAILING WAGES
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” #2..
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35 not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit B are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.

DIR Project ID#: _____________

3. CITY REPRESENTATIVE
CITY Representative is: ___________
Purchasing 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.

4. CONTRACTOR CONTACT
<Enter Contact Information Here>

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

Year 1: 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 #2..
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36 CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

6. 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 (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

7. 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

8. 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 #2..
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37 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.

9. 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.

10. 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.

11. 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. 20___-____;
e. Contractor’s City of Modesto business license

12. 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. #2..
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38 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.

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; #2..
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39 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.

13. 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.

14. 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.

15. 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).

16. 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. #2..
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40 17. DIR REGISTRATION
Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “B”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.

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

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

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

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

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

22. FUNDING
All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress. #2..
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41 23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

24. NON-DISCRIMINATION
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in 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. #2..
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42 25. CONTRACTOR LICENSES & PERMITS
CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits necessary to perform the SERVICES.

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

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

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

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

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

31. WAIVER
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
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43 32. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

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

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

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit 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.

35. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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44 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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ROCKWELL REJUVENATION SERVICES
45 EXHIBIT C: 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.

4. Pollution Liability: and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no mess than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.

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.

ROCKWELL REJUVENATION SERVICES
46 coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

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

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
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INVITATION FOR BIDS # IFB 2425-51

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

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

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

Subcontractors
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, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB 2425-51
Rockwell Rejuvenation Services
RESPONSE DEADLINE: December 16, 2025 at 11:00 am
Report Generated: Monday, March 2, 2026
Fox Loomis, Inc. Response

CONTACT INFORMATION
Company:

Fox Loomis, Inc.

Email:
[email protected]
Contact:

Steven Pugliese
Address:
6901 McComber Street
Sacramento, CA 95828
Phone:
(916) 831-9731
Website:
https://foxloomisinc.com/
Submission Date:

Dec 16, 2025 10:00 AM (Pacific Time)
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Rockwell Rejuvenation Services

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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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Rockwell Rejuvenation Services
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Bidder acknowledges that:

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

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.

By checking the "please confirm" box below, you acknowledge the above statement. #2..
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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Confirmed
PATENT INDEMNITY*
Pass
Bidder Acknowledges:

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

Confirmed
SAMPLES*
Pass
Bidder Acknowledges:

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 #2..
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Rockwell Rejuvenation Services
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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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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB 2425-51
Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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• 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:

Option B
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Pass
Bidder Acknowledges:

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

Confirmed
NO GUARANTEE OR WARRANTY*
Pass
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB 2425-51
Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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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.

Fox Loomis, 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.
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.

NA
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?
California
BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
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Rockwell Rejuvenation Services
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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
• 6901 McComber Street
• Sacramento
• California
• United States
• 95828
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company. https://foxloomisinc.com/
CONTACT PERSON DETAILS*
Pass
Please provide the following information for the Contact person for this bid:
• Name
• Title
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB 2425-51
Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Rockwell Rejuvenation Services

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• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
• Steven Pugliese
• Estimator
• (916) 383-2140
• (916) 831-9731
• 6901 McComber Street, Sacramento, CA, 95828
• (916) 383-8021
• [email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 94-2605464

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

NA
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB 2425-51
Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Rockwell Rejuvenation Services

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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
• Samuell Fox, President
• Anthony Adams, Chief Financial Officer
•
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 50 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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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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Rockwell Rejuvenation Services
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• Postal Code
• 112 S. Riverside Dr.
• Modesto
• CA
• United States
• 95354
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.
1282503
STATE OF CALIFORNIA CONTRACTOR LICENSE WITH "C-57 WELL DRILLING CONTRACTOR" OR "CLASS A - GENERAL ENGINEERING LICENSE"*
Pass
Contractors_State_License_Exp_09.30.27.pdf
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB 2425-51
Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - Rockwell Rejuvenation Services

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DIR REGISTRATION NUMBER*
Pass
Please provide your State of California Department of Industrial Relations (DIR) Registration Number. 1000005368
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. 6/30/2027

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

Financial_Interest_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.

Yes
SUPPORT OF LOCAL VENDORS*
Pass
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
Support_of_Local_Vendors.pdf
BIDDER COMPANY HISTORY STATEMENT*
Pass
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...

Bidder_Company_History_Statement.pdf
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[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB 2425-51
Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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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...

Bidder_Experience_and_Certifications.pdf
SUBCONTRACTORS?*
Pass
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? Yes
SUBCONTRACTOR LIST*
Pass
Please download the below documents, complete, and upload. • Subcontractor_List_IFB.pdf
Subcontractor_List_IFB.pdf
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Rockwell Rejuvenation Services
[FOX LOOMIS, INC.] RESPONSE DOCUMENT REPORT
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CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...

Levine_Act_Disclosure.pdf
PREVAILING WAGE LABOR CRAFT AND LABOR RATE*
Pass
Please download the below documents, complete, and upload. • Prevailing_Wage_Form.doc
Prevailing_Wage_Labor_Craft_and_Labor_Rate.pdf

4. Additional Bid Information

ADDITIONAL INFORMATION (IF NEEDED)
Pass
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.
2025.12.16_-_Additional_Information_Not_Needed.pdf
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. #2..
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Confirmed

PRICE TABLES

ROCKWELL REJUVENATION
Modesto, Parish, County Specification
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Vacuum down existing Rockwell (18' below grade) 72 JOB $1,300.00 $93,600.00

2. Remove existing corrugated, core pipe 72 JOB $50.00 $3,600.00

3. Re-drill existing Rockwell to its maximum depth (50') 72 JOB $1,223.00 $88,056.00

4. Install new 8"x 20' SDR-35 core pipe with 9½ core screen 72 JOB $480.00 $34,560.00

5. New washed 1½" drain rock 72 JOB $750.00 $54,000.00

6. Disposal of re-drilled soils and old core pipe 72 JOB $600.00 $43,200.00 TOTAL $317,016.00

ROCKWELL REJUVENATION
Turlock Specification
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Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Driving of additional well core pipe 8 JOB $2.00 $16.00

2. Remove and dispose of Mud/Debris 8 JOB $695.00 $5,560.00

3. Cut new perforations using a "Knife" tool 8 JOB $3,011.00 $24,088.00

4. Clean Rockwell with Cable Tool and Scrubbed 8 JOB $695.00 $5,560.00 TOTAL $35,224.00

NEW ROCKWELL
Well Cap to be Completed by City Forces
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Drill new 30" Well to a Maximum depth of 50' 2 JOB $5,565.00 $11,130.00

2. Install new 8"x 20' SDR-35 core pipe with 9½" core screen 2 JOB $480.00 $960.00

3. Install new 30"x 12' corrugated aluminized/galvanized metal can, per detail 404 2 JOB $390.00 $780.00

4. Fill well with new, washed 1½" drain rock 2 JOB $750.00 $1,500.00 TOTAL $14,370.00

DRYWELL DRILLING
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Drywell Pit to be Completed by City Forces
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Drill new 24" hole to a maximum depth of 30' (2 holes) 5 JOB $4,400.00 $22,000.00

2. Drill new 24" hole to a maximum depth of 30' (3 holes) 5 JOB $4,400.00 $22,000.00

3. Drill new 24" hole to a maximum depth of 30' (4 holes) 5 JOB $4,400.00 $22,000.00 TOTAL $66,000.00

TRAFFIC CONTROL
Line Item Description Estimated
Annual
Quantity
Unit of
Measure
Unit Price Extended
Price

1. Traffic Control Type A (simple) 60 JOB $62.50 $3,750.00

2. Traffic Control Type B (complex) 12 JOB $62.50 $750.00 TOTAL $4,500.00
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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 $
#2..
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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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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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BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

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

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

A. Experience:
i. Key Fox Loomis, Inc. key personnel within our organization are as follows:
a. Matthew MacDonald – Superintendent
ii. Biographical Summary
a. Matthew MacDonald has been a union driller since 1997, has been drilling/installing/rejuvenating rockwells for over 20 years and has been the Superintendent for Fox Loomis, Inc.’s City of Modesto rockwell work for over 16 years. iii. Subcontractor Work
a. Safe-T-Lite of Modesto Inc.
i. 1051 N Emerald Ave, Modesto, CA 95351
ii. Provides traffic control.

B. Certifications:
i. Ca License Number 372314
ii. SBE Number 14321
iii. Operating Engineers Local No. 3
iv. Labors Union
v. Skilled and trained
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SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:

Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Bidder Company Name:
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Operating Engineers Trust Fund for cklifornla
1141 Harbor Bay Parkway, Suite 100
Alameda, CA 94502-6594

RETURN SERVICE REQUESTED
�@
FOX LOOMIS INC.

DBA FOX PUMP & DEWATERING
6901 MCCOMBER ST
SACRAMENTO CA 95828
Report for Work Month: 11/2025
Report and Payment is Due: 12/15/2025
Employer Number: 2730
Alternate ID: 030579-15
Jurisdiction: CA
Agreement:
15: [UCON] UNITED CONTRACTORS
Office: 80
Receipt Number: 2563023
Rate Table: 51682
Project Name:

EMPLOYER'S REPORT OF CONTRIBUTIONS
2 This report is due by the 15th of the month following the month in which employment occurred and will be considered Delinquent if not received by the Bank by the 25tli of the month. PLEASE KEEP A COPY FOR FUTURE REFERENCE IF NEEDED. ,, 0 If you have NO EMPLOYEES, check the box and return to the Trust Office. This Report MUS:r BE SUBMITTED.

I Make ONE CHECK Payable to: Operating Engineers Trust Fund ____ -----=-=-- - .....And MAIL to: ..Operating Engineers-Trust-Fund, PO Box 3157,-Hayward,CA"'94540-3157· --- If you have any questions relating to the completion of this report, contact the Trust Fund Office at 1-800-251-5014 PLE�SE KEEP A COPY FOR FUTURE REFERENCE IF NEEDED
.1· .I
Pension AJA RetWel Annuity Admln MktArea Ind Stab VacAdm Ntt Schedule of Rates Vac & Hot Welfare Funds 'I Apprentice fAPPT01) 5.600 1'6.690 10.680 2.310 2,690 1.000 0.350 0.110 0.060 0,020 0,080 Journeyman (JRY01) 6,100 10.690 12.280 1.310 2.690 1.000 0.350 0.110 0.060 0.020 0.080 Total

33.590
34,690
Comoutation of Contributions ! Rate X Hours = Amount Due Flat Rate X # of Employees = Amount Due Aoorentice (APPT01\
Joumevman (JRY01)
Adjustments: $ ______ _

33.590

34.690
(hrs)
I 0,000 I
I 0.000 I
$ Total $ ______ _
Effective with January 2025 work hollrs, the Trust will charge a $100 processing fee for any monthly reports not submitted through Employer Edge, https:l/emptoyeredge.zenith-american.coml{thls does not apply to NV jurisdiction employers).

There Will be a separate $25 fee for reports paid via check and not ACH.

Please email [email protected] if questions on setting up your account today.

Whether or not this report is signed, the employer certifie� that the information contained herein is correct, that all hours worked or paid Operating Engineers and/or Technlcal Engineers during the period covered are reported herem1 and that if1 it has not already done so, agrees to be bound by all of the terms of the Union's Collective Bargaining Agreement which covers the type and kind of work the employer perrorms and Which establishes the fringe 0enefit contribution rates set forth herein, and·agrees to be bound by all lhe terms of the Trust Agreements and applicable to the Operating Engineers Trust Funds, including the provisions therein for liquidated damagesl as required by section 302{c)(S)(b) of the National Labor Relations Act and states that all payments reported herein are made m accordance with the collective bargaming agreement(s, and aP.plicable trust agreements and that it authorizes the depository bank to transfer the monies remitted herewith to the appropriate funds in accordance with the Instructions issued by the Trustees thereof. The undersigned certifies under penalty of perjury that he or she is duly authorized by the above.named employer to sign and submit this report on behalf of such employer. This report must be filed even if no employees worked this month.

Signature of preparer or individual res,
onsible for report
Printed name of preparer or individual iesponsible for report , I
Telephone Date
Email
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1 Fox Loomis, Inc. Modesto Yard:
6901 McComber St. 112 S. Riverside Dr.

Sacramento, CA 95828 Modesto, CA 95354
(916) 383-2140, F (916)383-8021 (209) 287-2077
Calif. Contractor’s License # 372314, A, C-42, C-57 Calif. DIR # 1000005368 December 16, 2025
To whom it may concern,
Re: Rockwell Rejuvenation Services, City of Modesto, CA Fox Loomis, Inc. has no need for additional information from the City of Modesto regarding this proposal.

If you have any questions please call.

Very Truly Yours,
Steven Pugliese
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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:

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.

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

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

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #2..
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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.

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 06, 2026
Date: March 16, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong and Director of Utilities
SUBJECT: Sewer Root Control Services
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:

Consider the Agreement for Sewer Root Control Services to Duke’s Root Control, Inc., Syracuse, NY, for a total amount not to exceed $747,601 over five (5) years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund) STRATEGIC PLAN ELEMENT:

The City of Modesto is known for its award-winning urban forest. However, these trees can create challenges within the sewer collection system. As tree roots enter the sewer system pipes through cracks and joints, they create blockages and impede normal system flows. This often results in a sanitary sewer spill (SSS). In addition, damage to the pipes leads to significant repair costs and the risk of hefty fines from the State and exposure to lawsuits from Environmental groups in the event an SSS occurs.

Chemical root control is the most efficient and effective method of managing root intrusion in the sewer pipes due to it requiring less time, labor, and equipment while not adversely affecting the trees.
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Economic Development Committee, April 6, 2026
Sewer Root Control Services

Page 2 of 4 ends

On July 06, 2021, by Resolution No. 2021-266, Council approved an Agreement with Duke’s Root Control, Inc. for the provision of sewer root control services for a total amount not to exceed $329,395 over five (5) years.

On April 09, 2024, by Resolution No. 2024-122, Council approved an Amendment to the Agreement with Duke’s Root Control, Inc., increasing the agreement amount for a new total amount not to exceed $551,758 over five (5) years.

With the current sewer root control services agreement due to expire on July 06, 2026, Wastewater requires the award of a new Agreement.

DISCUSSION:

The Wastewater Division is responsible for maintaining all components of the City’s sewer collection system. The removal of roots within the sewer collection system requires ongoing treatment. Sewer lines are treated on a rotating three-year cycle and tracked through a preventative maintenance schedule.

In order to continue remediating the intrusion of roots into the City’s sewer lines, the Wastewater Division requires continued services for chemical root control.

On August 18, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for Sewer Root Control Services. On November 4, 2025, the Purchasing Division issued Invitation for Bids (IFB)-00044 for the furnishing of Sewer Root Control Services on the City’s OpenGov public bidding website under various commodity codes1. Four Thousand and Two Hundred Thirty-three (4,233) prospective bidders were notified online, which included forty-four (44) local vendors. Twenty-three (23) companies downloaded the IFB documents from OpenGov and one (1) was a local vendor.

On December 2, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestreams. Two (2) chose to respond, there were no local bids received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the furnishing of Sewer Root Control Services to Duke’s Root Control Inc., Syracuse, NY, for a (2) two-year agreement with (3) three one-year extension options for an estimated annual amount of $150,231, for a total amount not to exceed $751,157, over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchased, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. An Award of Bid and Agreement for Sewer Root Control services for Utilities Department use to Duke’s Root Control, Inc., Syracuse, NY, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Duke’s Root Control, Inc. was the lowest responsive and responsible bidder. 1 92642 Environmental Services, 96896 Water and Wastewater Treatment Services #3..
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Economic Development Committee, April 6, 2026
Sewer Root Control Services

Page 3 of 4 ends

FISCAL IMPACT:

The anticipated annual cost of $149,521 will be absorbed within the current Sewer Operations Fund (4210), Sewer Collections (44211) Fiscal Year 2026-27 operating budget.

An increase in the anticipated expenditure was identified between the new Agreement and the current Agreement. This is due to the most recent bid submittal increasing the cost of services by 48% when compared to the bid submittal received for the current Agreement. The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI over the last twelve (12) months. City staff project annual increases based on this estimated forecast.

Annual increases will be calculated using the current CPI at the time of requested increase.

CURRENT AGREEMENT EXPENDITURES
Agreement Year Agreement Date Total Expended
Year 1 7/7/2021 – 7/6/2022 $57,878
Year 2 7/7/2022 – 7/6/2023 $64,406
Year 3 7/7/2023 – 7/6/2024 $110,096
Year 4 7/7/2024 – 7/6/2025 $93,923
Year 5 7/7/2025 – 7/6/2026 $144,717
TOTAL $471,020

ANTICIPATED AGREEMENT EXPENDITURES
Agreement Year Anticipated Cost CPI Anticipated Total Cost Year 1 $139,422 $0 $139,422
Year 2 $139,422 $0 $139,422
Year 3 $139,422 $8,087 $147,509
Year 4 $147,509 $8,588 $156,097
Year 5 $156,097 $9,054 $165,151
TOTAL $747,601
ANNUAL AVERAGE $149,521
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 Recommendations:

Motion recommending the Award of Bid and Agreement for Sewer Root Control Services to Duke’s Root Control, Inc., Syracuse, NY, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $149,521 and a total amount not to exceed $747,601 over five (5) years; and forwarding to Council for approval.
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Economic Development Committee, April 6, 2026
Sewer Root Control Services

Page 4 of 4 ends

Approved by:

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

1. Agreement

2. Cost Abstract

3. Exhibit C – IFB-00044 Sewer Root Control Services

4. Exhibit B – Duke’s Root Control Inc. Bid Submittal, Financial Interest Disclosure, and Levine Act Form

5. Exhibit D – Insurance Requirements
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1 ANNUAL AGREEMENT FOR
SEWER ROOT CONTROL SERVICES – AGREEMENT #317273
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 Duke's Root Control, Inc., a New York 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 Sewer Root Control 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 Sewer Root Control Services as described in IFB-00044, 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:

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. #3..
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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 $149,521. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $747,601. 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. PREVAILING WAGES:

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

DIR Project ID#:20260615323

3. CITY REPRESENTATIVE:

CITY Representative is Robert Englent, [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.

4. CONTRACTOR CONTACT:

Tom Edwards
(800) 816-5880
[email protected]
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3 5. TERM OF AGREEMENT:

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

Year 1: July 1, 2026, through June 30, 2027
Year 2: July 1, 2027, through June 30, 2028
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
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.

6. INSURANCE REQUIREMENTS:

7. PAYMENT:

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 317273
• CITY department/division name and address
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4 • Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

8. INDEMNITY:

9. VENUE & GOVERNING LAW:

10. ATTORNEY'S FEES:

11. 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.2026 - ____;
C. CONTRACTOR Bid submittal;
D. IFB-00044;
E. Contractor’s City of Modesto business license
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5 12. TERMINATION OF SERVICES:

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 CITY as of the termination date.
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6 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:

13. COMPLIANCE WITH ALL LAWS:

14. 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:

15. 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 #3..
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7 the CITY makes final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

16. 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.

17. DIR REGISTRATION:

18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

19. NOTICES:

CONTRACTOR: Duke's Root Control, Inc.

Attention: Krystian Borkowski
400 Airport Road, Suite E
Elgin, IL 6012
(800) 447-6687
[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.
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8 20. 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.

21. QUANTITIES:

No minimum or maximum is guaranteed or implied.

22. FUNDING:

23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

24. NON-DISCRIMINATION:

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.

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 #3..
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9 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.

25. CONTRACTOR LICENSES & PERMITS:

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

26. RECORDS:

27. FACILITIES AND EQUIPMENT:

28. INDEPENDENT CONTRACTOR; NOT AGENT:

29. DRUG FREE WORKPLACE:

CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a #3..
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10 contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

30. ASSIGNMENT:

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

31. WAIVER:

32. HEADINGS NOT CONTROLLING:

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

33. MISCELLANEOUS:

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

34. ENTIRE AGREEMENT:

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

35. PARTIAL INVALIDITY:

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 5th day of May, 2026 and Duke's Root Control, Inc. has caused this Agreement to be duly executed. #3..
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Selected Line Item Description Estimated Quantity Unit of Measure Unit Cost Total Unit Cost Total X 1 4" Pipe 228 LF $1.65 $376.20 $1.48 $337.44
X 2 6" Pipe 50000 LF $1.65 $82,500.00 $1.78 $89,000.00
X 3 8" Pipe 5000 LF $1.65 $8,250.00 $1.78 $8,900.00
X 4 10" Pipe 2000 LF $1.65 $3,300.00 $1.78 $3,560.00
X 5 12" Pipe 1000 LF $1.65 $1,650.00 $1.78 $1,780.00
X 6 13" to 17" Pipe 800 LF $1.65 $1,320.00 $2.05 $1,640.00 X 7 18" to 24" Pipe 170 LF $1.65 $280.50 $2.05 $348.50
Total $97,676.70 $105,565.94
Duke's Root Control, Inc. Pacific Sewer Maintenance
City of Modesto
IFB-00044 Sewer Root Control Services
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00044
FOR

SEWER ROOT CONTROL SERVICES

THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BIDS DUE: December 2, 2025 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Buyer
E-MAIL ADDRESS: [email protected]
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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
EXHIBIT C: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive electronic sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Sewer Root Control Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.

Each Bid shall be submitted electronically through the City's OpenGov Procurement portal prior to 11:00 am on Tuesday, December 2, 2025, 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 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. #3..
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4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: November 4, 2025
Questions Due via City's OpenGov
Procurement portal:

November 12, 2025, 5:00pm
Addendum Issued (if required): November 19, 2025
Bid Due Date & Time: December 2, 2025, 11:00am
Approximate Contract Award Date: February 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, November 12, 2025. 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.

SEWER ROOT CONTROL SERVICES
5 perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

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, December 2, 2025. The City Clerk Record of Proposal document should be available on the City's OpenGov Procurement portal by the end of the same day.

SEWER ROOT CONTROL SERVICES
7 GENERAL BID REQUIREMENTS

BID SUBMITTAL
Bidders shall submit 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.

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

SEWER ROOT CONTROL SERVICES
8 • Bidder Warranty Statements
• Bidder Experience and Certifications
• Subcontractor List (if applicable)
• California Levine Act Disclosure

SEWER ROOT CONTROL SERVICES
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.

SEWER ROOT CONTROL SERVICES
10 • 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.

SEWER ROOT CONTROL SERVICES
11 • The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor; b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based;
d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

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

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

City Clerk’s Office
Attn: Director of Finance
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 #3..
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12 decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

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.
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13 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.

SEWER ROOT CONTROL SERVICES
14 PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Bidder Exceptions, Clarifications, Amendments Form.

Line Item Description Estimated
Quantity
Unit of
Measure
Unit Cost Total
1 4" Pipe 228 LF
2 6" Pipe 50,000 LF
3 8" Pipe 5,000 LF
4 10" Pipe 2,000 LF
5 12" Pipe 1,000 LF
6 13" to 17" Pipe 800 LF
7 18" to 24" Pipe 170 LF
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.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
SAFETY DATA SHEETS*
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. *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.
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16 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.

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. ☐ 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.

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

By checking the "please confirm" box below, you acknowledge the above statement. #3..
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17 ☐ Please confirm
*Response required
SAMPLES*
Bidder Acknowledges:

By checking the "please confirm" box below, you acknowledge the above statement. ☐ 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
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18 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
• 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:

By checking the "please confirm" box below, you acknowledge the above statement. #3..
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19 ☐ Please confirm
*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

SEWER ROOT CONTROL SERVICES
20 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
☐ 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
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21 *Response required
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.

SEWER ROOT CONTROL SERVICES
22 CLOSEST BIDDER OFFICE*
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
• 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
STATE OF CALIFORNIA CONTRACTOR LICENSE*
*Response required
DIR REGISTRATION NUMBER*
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available).
*Response required
DIR REGISTRATION EXPIRATION DATE*
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number.
*Response required
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23 CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION BUSINESS LICENSE* *Response required
CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION BUSINESS LICENSE * Please enter your California Department of Pesticide Regulation Business License Number:
*Response required
NAME OF PROPOSED CHEMICAL ROOT CONTROL AGENT*
List the name of the Proposed Chemical Root Control Agent:
*Response required

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY ROOT CONTROL AND AGENT REGISTRATION NUMBER*
*Response required
CALIFORNIA ROOT CONTROL AGENT REGISTRATION NUMBER*
*Response required
CALIFORNIA ROOT CONTROL AGENT REGISTRATION*
Please enter your California Root Control Agent Registration Number:
*Response required
APPLICATOR'S CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION CERTIFICATION* *Response required
UNITED STATES DEPARTMENT OF TRANSPORTATION (DOT)*
Please enter your United States Department of Transportation Number:
*Response required

SEWER ROOT CONTROL SERVICES
24 • Bidder_Exceptions,_Clarific...
*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
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25 *Response required
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
*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
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required

ADDITIONAL BID INFORMATION

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

SCOPE OF WORK
The City of Modesto, Utilities Department, Wastewater Division, is requesting Sewer Root Control Services to control root intrusion in sewer pipes, causing sewer blockages and sewer overflows.

The successful Contractor shall furnish all labor, chemicals and materials, equipment, fuel, tools, licenses and insurance necessary to perform the required services outlined in this IFB.

MINIMUM REQUIREMENTS
At a minimum, the bidder shall have and provide at the time of bid submittal, the following license and registration numbers:
• California Department of Pesticide Regulation Business License number • California Department of Pesticide Regulation License number, if applicable • Name of proposed chemical root control agent
• United States Environmental Protection Agency Root Control Agent Registration number • California Root Control Agent Registration number
• Applicator’s California Department of Pesticide Regulation Certification number • United States Department of Transportation number

GENERAL SPECIFICATIONS
A. A chemical root control agent designated specifically to control sewer line tree root intrusion shall be applied to sanitary sewers. The purpose of the application is to kill the root growth present in the lines and to inhibit root re-growth, without permanently damaging the vegetation producing the roots and without disrupting wastewater treatment plant processes. The chemical product shall contain an herbicide to destroy root tissue, an herbicide to deter growth, and a foaming surfactant to deliver the herbicides to target the roots growth. The chemical shall be currently registered with the United States Environmental Protection Agency (USEPA) and the California Department of Pesticide Regulation (CDPR). The chemical shall be labeled for use in sewers to control tree roots.

B. The Chemical shall be applied as foam to sewers in strict accordance with the manner of application set forth in these specifications. The foam shall be pumped under sufficient pressure to assure that the entire sewer section is completely filled with foam and ensure that the foam passed through lateral pipe connections to a distance of 10 to 15 feet up service laterals.

C. The treatment shall not have any adverse effect on wastewater treatment plants and/or receiving waters downstream from the applications. The Contractor shall be required to take all necessary steps to prevent said adverse effects, at Contractor’s expense. The Contractor attests, through submittal of a bid that the Contractor #3..
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27 is expert in this type of work and recognizes and understands the risks posed by this type of work on wastewater treatment plant processes. The Contractor shall not rely on the City for guidance in this regard.

The Contractor shall notify the Wastewater Treatment Plant Manager if the wastewater treatment facility may be affected by the Contractor’s performance of the contract on Monday of each week, of the date and time of all intended work, and provide the treatment plant with the data or information requested by the Manager, including specimen product labels and SDS for any materials introduced to the collection system prior to any commencement of work.

The Contractor shall provide the Wastewater Treatment Plant Manager with the names and phone numbers of the individuals in a position to notify the Contractor’s crews of the need to immediately stop work, including all local phone numbers of the Contractor’s on-site supervisor. The Contractor shall maintain daily communications with the Wastewater Treatment Plant Manager to assure that the chemical root control treatments are not having any adverse effects on wastewater treatment plant processes. In the event that a wastewater treatment plant experiences any reduction in operating efficiency during the execution of the contract, whether the result of the chemical treatments or not, the Contractor shall immediately suspend all applications, and notify the City. The Contractor shall continue operations only after problems at the wastewater treatment plant have been corrected, and the Contractor has taken appropriate steps, satisfactory to the City and the Wastewater Treatment Plant Manager, to prevent recurrence of any problems at the wastewater treatment plant that may be the result of chemical applications.

The Contractor shall be financially responsible for any adverse effects on wastewater treatment plant processes which are, directly or indirectly, caused by the chemical application, including but not limited to the following: damages to plant processes or equipment, clean-up and restoration costs, fines imposed on the City or on the operator of the wastewater treatment plant by State or Federal agencies, pollution of receiving water, and civil suits. The Contractor shall further indemnify and hold harmless the City and the operator of the wastewater treatment plant, against all costs, including legal expenses, relating to treatment plant failure or other damages or pollution caused, directly or indirectly, by the applications of chemicals by the Contractor.

D. The Contractor shall at no time permit sewer line root control materials to be applied or disposed of in such a manner as to allow the material to runoff or drift into any storm drainage system, including, but not limited to: streets, gutters, storm drain catch basins, Rockwells, drainage channels, receiving waters, or any other body of water. All City contractors shall abide by the City of Modesto Landscape Management Plan – Pesticides and Fertilizer Application in all aspects of sewer line root control material usage, including storage, transportation, application, disposal, equipment maintenance, and accident & spill mitigation.

E. All work performed shall be supervised by a licensed Applicator, certified by the California Department of Pesticide Regulation. The use of subcontractors shall not be permitted.

CHEMICAL COMPOSITION
The chemical root control agent shall contain:

A. (anhydrous) Sodium Methyldithiocarbamate (Metam-Sodium), an active component for destroying roots in sanitary sewer lines; and 2,6-Dichlorobenzonitrile (Dichlobenil) formulated as a wettable powder, as an active ingredient for inhibiting re-growth, or;
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28 B. Diquat, an active component for destroying roots and inhibiting root growth in sanitary sewer lines; C. In addition to a) or b) listed above, a foaming surfactant system designed to deliver the herbicidal agents to the root tissue, and to cut through the grease and debris typically found on sewer roots.

The chemical root control agent shall be registered with the United States Environmental Protection Agency (USEPA) and the California Department of Pesticide Regulation (CDPR). Chemicals designed to be poured down, or blown in the pipe, as a dust shall not be accepted. A specimen product label(s) and Safety Data Sheet (SDS) shall be submitted with the bid.

INERT INGREDIENTS
The root control material shall be formulated with foaming agents and surfactant sufficient to produce a stable, small bubble, dense foam capable of sustaining its shape and thus remaining on the treated roots for approximately thirty (30) minutes. The foaming surfactant shall strip grease that typically clings to the City’s sewer root masses. The foaming agents shall be formulated such that one part of the mixed material will convert into twenty (20) parts foam.

ROOT KILLING AGENT
The active component for destroying intruding roots in sanitary sewer lines shall be a potent, non-systemic toxin which kills contacted roots at low concentrations, but which will not permanently affect parts of the plant distant from the treated roots. Natural chemical or biochemical processes must spontaneously detoxify the active ingredient in a relatively short interval following its use. The active ingredient for destroying root intrusions shall be Sodium Methyldithiocarbamate or Diquat.

ROOT RE-GROWTH INHIBITOR
The active ingredient for inhibiting re-growth of root intrusions in sanitary sewer lines shall inhibit root cell growth on contact but shall not be transported as to damage other portions of the parent plant. The material shall bind firmly to the soil in the vicinity of openings in pipe joints so as to form a persistent chemical barrier suppressing the growth of root tips. The material shall be sufficiently stable under the conditions of use to provide protection for twelve (12) months or longer but shall be subject to decomposition in the Wastewater Treatment plants without disturbing the treatment plant processes. The root growth-inhibiting agent shall be 2, 6- Dichlorobenzonitrile (Dichlobenil) or Diquat.

The chemical root control agent shall be registered with the United States Environmental Protection Agency (USEPA) and California Department of Pesticide Regulation (CDPR) and shall be labeled for use in sewers to control tree roots. Only materials whose label instructions conform to these specifications shall be accepted.

All application procedures must be in strict conformance with these specifications and label instructions. Use of any root control herbicide in a manner inconsistent with labeled instructions is a violation of Federal law.

The active ingredient shall not adversely affect the performance of the Wastewater Treatment plant when applied properly in accordance with manufacturer’s recommendations.

Compounds containing copper and/or other known priority pollutants, as defined by the Federal EPA, shall be disallowed.
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29 APPLICATION
Application of the chemical root control agent shall be by foaming in accordance with the best recommended practice for conditions present in the sewer line under treatment. All foaming procedures shall be in strict accordance with the instruction on the container label. A foam discharge hose shall be inserted throughout the entire length of the sewer section to be treated. Equipment used shall discharge foam at an adequate discharge pressure to force foam up connecting lateral sewers, approximately 10 – 15 feet, in small diameter pipe. Hose retrieval rates must be timed to evenly distribute the full quantity of foam throughout the entire area of treatment.

Sewer service to homeowners/businesses shall not be interrupted. The Contractor must be aware of excessive discharge pressure, and/or excessive quantities of material may cause foam to enter dwellings or travel up clean-outs onto lawns. The Contractor shall make every effort to prevent this from occurring. Materials that are labeled to be poured down maintenance holes or sprayed on to roots shall not be accepted. The Contractor is responsible for clean-up of foam escaping from the sewer system.

EQUIPMENT
The equipment used in foam generation shall meet the herbicide manufacturer’s specifications and be capable of generating the specified quantity and quality of foam as described in this IFB.

SAFETY
The Contractor shall provide all equipment and follow proper operation and safety procedures to perform the work. For safe handling and proper mixing, a suction type product loading system shall be utilized.

The Contractor must employ all precautions and handling requirements listed on product labels. Materials that are labeled to be poured down manholes or sprayed onto roots will not be accepted.

TREATMENT GUARANTEE
The Contractor shall guarantee the work for each sewer section (manhole to manhole) that is treated under the agreement as follows:

A. At the option of the City, the Contractor shall at his/her own expense, re-treat a sewer section, or refund 100% of the payment received to treat that section in the event that:

B. Live roots are found in the section within six (6) months after the application.

C. The section plugs up and floods due to tree root obstructions within two (2) years of treatment.

The guarantee period begins on the date of treatment and ends two (2) years after the date of treatment. The guarantee applies to sewer stoppages caused by live tree roots. It does not apply to stoppage 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 mainline sewers only.

CONTRACTOR RESPONSIBILITIES
A. Should any chemical root control agent spill on the ground, the chemical and affected soil shall be removed and safely disposed of. The area shall be restored to its original condition before the spill. Any #3..
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30 damage to the vegetation resulting from misuse or accidental issue of the chemical root control agent shall be the responsibility of the Contractor to correct and make whole.

B. The Contractor shall be responsible for any and all damages to structures inside or outside caused by root control chemicals.

C. The Contractor shall be responsible for ensuring that there are no adverse effects on the Wastewater Treatment plant processes, or adverse effects on the quality of the Wastewater Treatment plant effluent, as a result of chemical applications.

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

E. Filling of chemical mixing tanks shall be done with an air gap or reduced-pressure-zone backflow prevention device, approved by the City prior to use. The Contractor may only draw water from public water supplies approved by the City.

F. The Contractor shall keep complete, accurate records of each day’s operation. Records shall show date of treatment, sections of line treated, pipe size and distance, and any other pertinent information. Log sheets shall be submitted with each invoice.

G. The Contractor shall submit required “usage reports” to the Stanislaus County Ag Commissioner.

CITY RESPONSIBILITIES
A. The City Representative will provide the Contractor with sewer system drawings showing the exact locations of the pipes to be treated. Maps may be electronic and include reporting functions.

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

C. The City shall provide a source of fresh water at service locations. Bidder shall include all costs for water and any associated permits required by the City in their bid pricing.

D. The City shall locate hidden or buried manholes, and restore street surfaces, easements, etc.

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

A. The report date
B. Street name for each sewer line treated
C. The date each sewer line was treated
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31 D. The pipe size for each sewer line
E. Sewer Line asset number, which accurately identifies each sewer line F. The length (manhole to manhole) for each sewer line
G. Special conditions found by the Contractor’s crew
H. Any reasons for not treating a targeted sewer line

TRANSPORTATION OF HAZARDOUS MATERIALS
In order to comply with the appropriate Federal and State requirements applicable to the transportation and dumping of hazardous waste materials/substances, the Contractor, or any commercial hauling/transporting firm through which the Contractor may obtain such services, must be licensed and registered to provide such service. All dumping facilities shall be licensed and certified to accept material being dumped. Contractor hereby warrants that it has obtained all necessary Federal and State licenses and registrations applicable to transports and transportation of toxic and/or hazardous materials/substances. If requested to do so by the City, Contractor shall provide proof of any required licenses and/or registrations. If required also, the City may request proof of dumping from an approved dumping facility.

COMPLIANCE WITH TRANSPORTATION LAWS
The Contractor shall ensure compliance with all United States Department of Transportation (USDOT) regulations relative to commercial vehicle numbers, placard and registration; driver licensing, driver drug testing, and record keeping; and all other pertinent requirements contained in Federal Motor Carrier Safety Regulations. The Contractor’s DOT number shall be submitted with bid.

WORK SCHEDULE
Services shall be performed Monday through Friday, between the hours from 7:00 A.M. to 5:00 P.M., excluding all major holidays and furlough days. The Contractor shall inform the City Representative on Monday of each week, a schedule of the specific sewer reaches they intend to treat during the week. The schedule shall give a breakdown on a day-by-day basis. No root control treatment shall be performed unless the City has received this schedule and has given its authorization to proceed. The Contractor must schedule all work for each sewer listed beginning at the most upstream end and proceeding in a downstream direction until all work on that sewer is completed. Treatment may only be performed on sewers with a flow level of 50% or less of the pipe diameter. No work shall be performed during a rain event. The City reserves the right to rearrange the Contractor’s schedule as needed to accommodate emergency work or other activity that may need to be performed in sewer(s) scheduled to be treated. The Contractor shall have the ability to respond to all emergency service calls twenty-four (24) hours per day, seven (7) days per week.

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. #3..
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32 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.

SEWER ROOT CONTROL SERVICES
33 SAMPLE ANNUAL AGREEMENT - SERVICES
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:

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

AGREEMENT PRICING
[TBD - Insert Pricing Table Here]

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

DIR Project ID#: _____________

4. CONTRACTOR CONTACT
<Enter Contact Information Here>

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

SEWER ROOT CONTROL SERVICES
35 CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

SEWER ROOT CONTROL SERVICES
36 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.

SEWER ROOT CONTROL SERVICES
37 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.

SEWER ROOT CONTROL SERVICES
38 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.

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

20. 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.

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

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

SEWER ROOT CONTROL SERVICES
41 25. CONTRACTOR LICENSES & PERMITS
CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits necessary to perform the SERVICES.

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

SEWER ROOT CONTROL SERVICES
42 32. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

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

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

SEWER ROOT CONTROL SERVICES
43 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

By ________________________________
JOSE M. SANCHEZ, City Attorney
By ________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
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44 EXHIBIT C: 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:

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

SEWER ROOT CONTROL SERVICES
45 The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

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

Verification of Coverage
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46 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.

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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Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[DUKE'S ROOT CONTROL, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00044
Sewer Root Control Services
RESPONSE DEADLINE: December 2, 2025 at 11:00 am
Report Generated: Thursday, January 15, 2026
Duke's Root Control, Inc. Response

CONTACT INFORMATION
Company:

Duke's Root Control, Inc.

Email:
[email protected]
Contact:

Krystian Borkowski
Address:
400 Airport Road
Suite E
Elgin, IL 60123
Phone:
(800) 447-6687
Website:
www.dukes.com
Submission Date:

Dec 2, 2025 10:20 AM (Pacific Time)
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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

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Economic Development CommitteeApril 6, 2026

Economic Development Committee
April 6, 2026