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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, October 05, 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 a Pre-qualified Consultant List for Construction Management and Inspection Services for various Capital Improvement Program projects for a total of up to five (5) years and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
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• Motion recommending a Pre-Qualified Consultant List for Construction Management and Inspection Services, for a period of three (3) years, with the option of two (2) additional one-year extensions at the written approval of the Director of Engineering Services and forwarding to Council for approval.
ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent
2. Consider the California Environmental Quality Act (CEQA) Addendum to the previously approved Initial Study/Mitigated Negative Declaration for the Biosolids Management Plan and forwarding to Council for approval. (Funding Source: Not Applicable)
• Motion recommending the California Environmental Quality Act Addendum to the previously approved Initial Study/Mitigated Negative Declaration for the Biosolids Management Plan and forwarding to Council for approval.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
3. Consider an Agreement for the furnishing of Crane Repair, Maintenance, Inspection and Certification Services to Areco Building Construction Inc., Modesto, CA, for a total amount not to exceed $134,203, over five (5) years, and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)
• Motion recommending the Award of Bid and Agreement for the furnishing of Crane and Hoist Repair, Maintenance, Inspection and Certification Services to Areco Building Construction Inc., Modesto, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $25,000, and a total amount not to exceed $134,203, over five (5) years, with any new site additions, removals, or substantive service changes to be authorized by the Director of Finance or her designee and forwarding to Council for approval.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
4. Consider an Agreement for the Delivery of Nitrogen Gas for Wastewater Treatment with WestAir Gases & Equipment, Inc., San Diego, CA, for a total amount not to exceed $322,088, over five (5) years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)
• Motion recommending the Award of Bid and Agreement for the Delivery of Nitrogen Gas for Wastewater Treatment to WestAir Gases & Equipment, Inc., San Diego, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $64,418, and a total amount not to exceed $322,088, over five (5) years and forwarding to Council for approval.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
5. Consider an Agreement with Trojan Technologies, Ontario, CA, for the procurement of Ultraviolet (UV) lamps and parts for a total amount not to exceed $1,345,278 over five - 4 -
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(5) years and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)
• Motion recommending a Sole Source Agreement with Trojan Technologies, Ontario, CA, for the procurement of Ultraviolet (UV) lamps and parts for an estimated annual amount of $269,056 and a total amount not to exceed $1,345,278 over five (5) years, and authorizing the Purchasing Manager, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and forwarding to Council for approval.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
UNFINISHED BUSINESS
6. Consider a First Amendment to the Agreement with RailPros of Irvine, CA, for Railroad Crossing Quiet Zone Consulting Services to provide preliminary engineering and 35% design services for the Downtown Quiet Zone Project, increasing the Agreement amount by $274,998 and forwarding to Council for approval. (Funding Source: General Fund/Measure L)
• Motion recommending a First Amendment to the Agreement with RailPros of Irvine, CA, for Railroad Quiet Zone Consulting Services to provide preliminary engineering and 35% design services for a Downtown Quiet Zone, increasing the Agreement amount by $274,998, for a new total not to exceed $579 947, and forwarding to Council for approval.
CED; Taranjot Khehra, 209-577-5239, [email protected]
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:
October 5, 2026
September 15, 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
SUBJECT: Pre-qualified Consultant List for Construction Management and Inspection Services for Various Capital Improvement Projects
CONTACT: Pete Kambel, Senior Civil Engineer, [email protected] 209-577-5444
DESCRIPTION:
Consider a Pre-qualified Consultant List for Construction Management and Inspection Services for various Capital Improvement Program projects for a total of up to five (5) years and forwarding to Council for approval. (Funding Source: Various Capital Improvement Program Projects)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Construction Administration group is housed within the Engineering Services Department and is responsible for construction management and inspection services for all capital projects over $50,000, emergency projects, and inspection of all encroachment permits issued by the City of Modesto. From time to time, project and permit workloads require additional inspection resources. Staff recommend the establishment of a pre-qualified list of consultants to provide construction management and inspection services to assist with the project workload when needed. #1..
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Economic Development Committee, October 5, 2026
Pre-qualified Consultant List for Construction Management and Inspection Services for Various Capital Improvement Projects
Retaining a pre-qualified list with consultants allows the Engineering Services Department to have accelerated and convenient access to specific construction management and inspection services. This will eliminate the need to send out repetitive Requests for Qualifications (RFQ) for projects of similar scope, thereby saving staff time and project costs.
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, which is in compliance with State of California Government Code, Sections 4526-4529, staff solicited and formally advertised an RFQ through OpenGov for construction management and inspection services. The purpose of the solicitation was to establish a Pre-Qualified Consultant List. On June 30, 2026, staff received Statements of Qualifications (SOQs) from 17 firms, three of which are considered a local firm.
Pre-qualified Consultant List
After careful review of the qualifications, it was determined that each of the firms exhibited unique strengths in the different fields of construction management and inspection services, such as wet utility construction, dry utility construction, buildings, street paving and parks/landscaping etc.
Staff reviewed the submitted SOQs and determined the following firms were the most qualified:
• C2PM, Los Angeles, CA
• Carollo Engineers, Walnut Creek, CA
• CCME, Inc., Fresno, CA
• Mark Thomas & Company, San Jose, CA
• TRC Companies, Lathrop, CA
When construction management and inspection services are required for a particular Capital Improvement Program project, a Request for Proposal (RFP) with a project specific scope of work will be issued to the pre-qualified firms from the pre-qualified list.
Following a review of each proposal by an evaluation panel, interviews may be conducted to select the most qualified firm for the work. An agreement for construction management and inspection services will then be presented to Council for approval, if the total amount of the agreement exceeds $100,000.
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Pre-qualified Consultant List for Construction Management and Inspection Services for Various Capital Improvement Projects
The Pre-qualified Consultant List will be active for a period of three (3) years from the date of Council approval, after which the list may be extended via two (2) one-year extensions at the written approval of the Director of Engineering Services. In the event the firms listed are deemed to lack experience or expertise for specific projects, the City of Modesto retains the right to recruit other consultants for individual projects and not be restricted to only using the approved list. The Director of Engineering Services will have the authority to request a separate solicitation process and add additional consultants to the list of pre-qualified firms. A formal selection procedure per Administrative Directive
3.1 will be conducted should the need to add additional firms arise.
FISCAL IMPACT:
There are no fiscal impacts at this time. Costs for construction management and inspection services will be determined on a project-by-project basis once a scope of work and agreement has been negotiated with a selected firm.
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 COMMITTEE ACTION:
Staff Recommendations:
Motion recommending a Pre-Qualified Consultant List for Construction Management and Inspection Services, for a period of three (3) years, with the option of two (2) additional one-year extensions at the written approval of the Director of Engineering Services and forwarding to Council for approval.
Approved by:
Toby Wells, Director of Engineering Services
Joseph P. Lopez, City Manager
Attachments:
1. Request for Qualification
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ENGINEERING SERVICES
Construction Administration Office
1010 10th Street, Suite 4600
P.O. Box 642
Modesto, California 95353
209-577-5444
modestogov.com
RFQ 2026-08
Tuesday, May 19, 2026
1. INTRODUCTION
1.1. NOTICE TO CONSULTANTS
Dear Consultant:
The City of Modesto (City) is soliciting Request for Qualifications (RFQ) for Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services for the City of Modesto. The purpose of the work is to establish a prequalified list of professional consultants to provide construction management and inspection services for various capital improvement (CIP) projects and encroachment permits.
If you wish to be considered for this work, please electronically submit your Statements of Qualifications through the City's OpenGov Procurement portal before 11:00 am on Tuesday, June 30, 2026. Statements of Qualifications received in any other format will not be accepted.
A selection committee will evaluate all submittals; however, the Request for Qualifications (RFQ) does not commit the City to award a subsequent Agreement for Consultant Services, to pay for any costs incurred in preparation or presentation of the Statements of Qualifications, or to procure a contract for services. Following the selection committee’s evaluation of submittals, interviews may be conducted and your firm may be contacted to schedule an interview date. Afterwards, the City may select a consultant to proceed with this work. The selection considerations for evaluating the submitted documents are included in this Request for Qualifications (RFQ).
This Request for Qualifications (RFQ) contains specific instructions and requirements for preparing and submitting a Statements of Qualifications.
Due to scheduling, requests to meet with City staff to discuss this Request for Qualifications (RFQ) will not be considered.
1.2. BACKGROUND
The Construction Administration Division of the City of Modesto, housed within the Engineering Services Department, is the primary group responsible for providing construction management and inspection services for nearly all capital improvement projects exceeding $50,000, as well as inspection services for all City-issued encroachment permits.
At times, project and permit workloads exceed available in-house resources. In such cases, the City will utilize its list of prequalified firms and may issue a separate Request for Proposals (RFP) to select the most qualified consultant. The City will determine the appropriate method of authorizing work based on project-specific needs and will prioritize firms demonstrating the strongest capabilities across all required aspects of construction management and inspection services.
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
2. SCOPE OF SERVICES
City of Modesto projects include the construction of public buildings, parks, trails, streets, utility pipelines, storm drain and sanitary sewer lift stations, water well pump stations, water storage tanks, drainage basins, and wastewater treatment facilities. Encroachment permits include new construction, rehabilitation, and maintenance of non-City utilities (such as MID power and irrigation lines, PG&E gas lines, and AT&T and Comcast communications), as well as other types of encroachments within the City’s right-of-way. The City also administers federally funded construction contracts; firms selected through this RFQ process may provide services for those types of projects.
Depending on the specific project, the City may require the full scope of services from a full-time Construction Manager and/or Construction Inspector. Other projects may require part-time Construction Management and/or Construction Inspection Services, while in some cases only a full-time or part-time Construction Inspector may be needed. Certain projects or permits, in whole or in part, may also require night and/or weekend work.
The scope of services to be provided by firms on the prequalified list will be defined in separate RFPs issued for support of capital projects or larger ongoing permits. For consultants selected for on-call/prequalified Construction Management and Inspection Services, typical deliverables may include constructability reviews, construction manager daily diaries, construction inspector daily reports, change order work reports (extra work/force account), RFI management, submittal management, labor compliance support, and other standard construction progress documentation. Additional services may include assistance with revising City Standards, construction contract language, and quality assurance plans. A complete Master Scope of Services for Construction Management and Inspection Services is included as an exhibit to the sample agreement provided with this RFQ.
2.1. CONSTRUCTION MANAGEMENT SYSTEM - E-BUILDER REQUIREMENTS The selected firm should be able to utilize and complete documentation using the City’s electronic document management software either in the field via a mobile/tablet device or in the office via a computer with internet connection. The City is using the online software-as-a-service provider eBuilder. The selected consultant will be granted access at no cost. The firm is encouraged to highlight their experience with the use of similar electronic document management software in their proposal.
3. STATEMENT OF QUALIFICATIONS
3.1. CONTENTS AND REQUIREMENTS
The Statement of Qualifications (SOQ) shall contain a maximum of 15 pages. The SOQ should be succinct and focus on content that demonstrates construction management experience, capability, availability and commitment of the firm and its team. The SOQ should describe the approach to providing construction management, inspection, and materials testing services for capital improvement projects.
To achieve a uniform review process and obtain the maximum degree of comparability, SOQ shall include the following components:
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
A. Cover Letter. Provide the name, address, and contact information of the individual or firm, along with the name of the person authorized to negotiate contract terms and make binding agreements. The cover letter should introduce the firm and highlight key attributes of the proposed construction management team.
B. Firm Background. Provide a brief narrative background of the firm and its organization and include a list of available services provided by the firm.
C. Firm Experience. The proposed firm’s experience shall include, at a minimum, providing construction management and inspection services for similar projects with construction costs exceeding $8 million. For the firm and any subconsultants, provide the following information:
o Names of principals, including their experience, background, academic training, and professional registrations (if applicable)
o Length of time in business
o Office address(es) supporting field services
o Facilities and workforce of office(s) performing the work o List experience for three (3) similarly sized projects, including: scope of construction management services provided; type, size, and cost of facility constructed; completion date; and name, address, and contact information of knowledgeable owner/client representative(s)
o Key issues and challenges encountered, and how they were resolved o Specialty areas addressed and involvement of subconsultant(s) D. Construction Manager. The firm’s Construction Manager will be directly responsible for and engaged in leading the required services and must be actively engaged in the project. The Construction Manager should have extensive knowledge and experience in all aspects of park renovation construction, as well as possessing the leadership skills necessary to achieve project objectives. If the firm proposes a part-time Construction Manager, the firm must then designate an individual within the firm as a Resident Engineer, who will be on-site during all working hours throughout the construction phase.
Construction Manager and Resident Engineer Requirements:
o Strong oral and written communication, organizational, and problem-solving skills o Experience in claims mitigation and resolution, preparing project records, issuing field instructions and correction notices, coordinating and responding to requests for information, reviewing change order proposals, conducting progress meetings, preparing status reports, and preparing independent cost proposals. o Demonstrated ability to protect the Owner’s interests, including:
ensuring adherence to project schedules
accurately measuring work progress and making recommendations for progress payments
proficiency with software utilized to organize project documentation and track work progress.
The SOQ shall include the following information to demonstrate the knowledge, experience, and availability of the Construction Manager and Resident Engineer:
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
o Name and title, years of experience with the firm (as well as years of experience with other firms)
o Education, degree, and specializations
o Active professional registration (state and discipline) o Representative experience for up to five (5) completed projects similar in scope, size and complexity to this project, with at least one (1) completed in the last ten (10) years. Additionally, provide information on all projects that are currently in progress to which the Construction Manager and Resident Engineer are currently committed:
Owner, project description (including size), location, and completion date. For ongoing projects, provide the estimated completion date and level of commitment. Name, address and contact information of knowledgeable owner/client representative.
Consultant services for which the individual was directly responsible, including specific service/functions directly performed by individual (not just job title). Firm with which the individual was employed during the project experience.
E. Construction Inspector(s) and Key Project Staff. Construction Inspector(s) must have experience in park renovation construction, including: preparing daily reports, identifying construction discrepancies, overseeing worker safety, and performing field measurements for completed work. The SOQ shall list all Inspectors and other proposed key project staff.
For each individual, provide the following information:
o Name and title, years of experience with the firm or subconsultant firm, and years of experience with other firms
o Specific project responsibility and functions to be performed o Education, degrees, and specializations
o Active inspection certifications
o Representative experience for up to three (3) completed projects similar in scope, size, and complexity to this Project. Additionally, provide information on all projects that are currently in progress to which the team members are committed:
Owner, project description (including size), location, and completion date. For ongoing projects, provide the estimated completion date and level of commitment. Name, address and contact information of knowledgeable owner/client representative
Consultant services for which the individual was directly responsible, including specific service/functions directly performed by individual (not just job title) Firm with which the individual was employed during project experience F. Additional Information. Provide any additional information supporting your firm's qualifications for construction management and inspection services. Use this page to discuss your team members' availability and ability to mobilize ("readiness"). The City may require inspection services on short notice; indicate how quickly an inspector can be available on-site following the notification from the City.
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
G. Sample of Deliverables. Provide up to three (3) sample documents for each of the following, prepared by your proposed Construction Manager and/or Inspectors:
o Potential Change Order (PCO) and/or Contract Change Order (CCO), including supporting justification
o Daily Inspection Reports
4. SUBMITTAL REQUIREMENTS
It is the policy of the City of Modesto (when not prohibited by the funding source) that, all other factors being equal, local firms whose qualifications are satisfactory and who have sufficient experience and capabilities for providing the necessary professional services shall normally be given priority in being considered for employment by the City. The location of any subconsultant firms proposed by the consultant will also be considered when applying this policy.
4.1. REQUESTS FOR CLARIFICATIONS, CORRECTIONS OR MODIFICATIONS Any requests for clarifications, corrections or modifications of this Request for Qualifications (RFQ) shall be submitted through the Question & Answer section of this Request for Qualifications (RFQ) on the City's OpenGov Procurement portal:
https://procurement.opengov.com/portal/modestogov/projects/260573 before 3:00 pm on Tuesday, June 16, 2026. Responses from the City will be communicated in writing with all responses provided to all approved questions posted publicly and as an addendum, if needed.
The City of Modesto reserves the right to reject any Statements of Qualifications that contains unauthorized conditions or exceptions.
4.2. SUBMITTAL DUE DATE
Statements of Qualifications must be submitted through the City's OpenGov Procurement portal prior to 11:00 am on Tuesday, June 30, 2026. Statements of Qualifications received after the above specified date and time or in a manner other than as stated above will not be considered.
Cost proposals shall be submitted as a separate file if stated in this Request for Qualifications (RFQ). An upload area stating such will be made available within this Request for Qualifications (RFQ) on the City's OpenGov Procurement portal. If such a requirement is noted in this Request for Qualifications (RFQ), no cost information should be present in the other uploads you provide unless otherwise specified within this Request for Qualifications (RFQ). Before submitting the file, make sure to review the file to avoid submitting duplicate files.
4.3. AGREEMENT
Following interviews (should they be deemed necessary) negotiations will begin with the firm deemed most qualified. If agreement cannot be reached in negotiations, the City will begin negotiations with the firm that is judged to be next most qualified. If the City determines to approve the agreement, a City of Modesto Standard Agreement shall be sent to the successful firm for signature. If an agreement is reached, the Standard Agreement will be presented to Council for approval. Once City Council has approved the Standard Agreement, the agreement will be executed by the City. No Statements of Qualifications shall be binding upon the City until #1..
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after duly authorized representatives of both the firm and the City have signed the Standard Agreement. The City shall have the sole authority to terminate negotiations with any firm at any time without recourse by the firm. The approval of the agreement, if made by the City, will be based on a total review and analysis of each Statements of Qualifications and any interviews deemed necessary.
A sample City of Modesto Standard Consultant Agreement is included for your reference. Please review the Sample Agreement carefully with your legal and/or insurance representative.
Firms are REQUIRED to submit any questions, concerns or language change requests regarding this agreement in writing as a part of this Statements of Qualifications through the Proposer Exceptions, Clarifications and Amendments form. Firms choosing not to submit any questions, concerns, or language requests, in writing, as part of this Statements of Qualifications are assumed to agree with the agreement in its entirety, as written, with no exceptions.
4.4. CONFLICT OF INTEREST/CITY BUSINESS LICENSE
The City requires that the firm’s Principal file a Statement of Economic Interest Form 700 with the City to the satisfaction of the Fair Political Practices Commission (FPPC) when the firm provides information, advice, recommendations or counsel to the City. Before the City enters into an agreement for services with the selected firm, the Principal will be required to report individual economic interests within the City of Modesto on the following:
1. Real Property Interest (geographically limited)
2. Sources of Income
3. Business Positions
4. Business Investments
The selected firm is also required to submit a completed and signed Financial Interest Disclosure Form and will have a City of Modesto business license.
4.5. FIRM LOCATION
It is the policy of the City of Modesto to give priority to local firms with satisfactory qualifications, sufficient experience, and the capability to provide necessary professional services, provided this is not prohibited by the funding source and all other factors are equal. The location of any proposed sub-consultant firms will also be considered in applying this policy.
5. CONTENTS OF PROPOSAL
The objective of this Request for Qualifications (RFQ) is to obtain Statements of Qualifications (SOQs) from consulting firms with demonstrated experience in construction management and inspection services. Firms must demonstrate sufficient resources and capability to deliver professional services for the types of projects described above.
SOQs shall be concise and focused on relevant technical content that demonstrates the firm’s experience, qualifications, capacity, availability, and commitment of key personnel. Elaborate or #1..
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
overly promotional submittals are discouraged. Firms are responsible for providing accurate and current reference contact information. If the City is unable to verify a reference based on the information provided, the SOQ may be deemed non-responsive.
Submitted SOQs will be reviewed and evaluated to establish a prequalified shortlist of three (3) to five (5) firms. This shortlist will be used for future project-specific solicitations, where a detailed scope of services will be developed and a Request for Proposals (RFP) will be issued, typically for more complex projects, as needed.
To simplify comparisons during evaluation, information submitted shall be provided in the order listed in this Request for Qualifications (RFQ).
1. ADDITIONAL INFORMATION
For any additional information requested or required by any of your previously provided answers or as stated within this Request for Qualifications (RFQ) Please upload the additional documentation as part of your Statement of Qualifications (SOQ).
1.1. STATEMENT OF QUALIFICATIONS (SOQ) SUBMISSION*
Please upload your Statement of Qualifications (SOQ) here formatted in the manner required by this Request for Qualifications (RFQ).
*Response required
1.2. SUBMITTAL CONFIRMATION*
Consultant 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 Statements of Qualifications 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
1.3. PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS?*
Does the Proposer have any exceptions, clarifications, or amendments to the Sample Agreement and Exhibit C - Insurance Requirements ?
☐ Yes
☐ No
*Response required
When equals "Yes"
1.3.1. PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS?* Please download the below documents, complete, and upload. #1..
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
1.4. FINANCIAL INTEREST DISCLOSURE *
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*Response required
1.5. CALIFORNIA LEVINE ACT DISCLOSURE*
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6. ACCEPTANCE OF PROPOSALS
6.1. ACCEPTANCE OF PROPOSALS
The City reserves the right to accept or reject all proposals, or any item or part thereof, and to waive any informalities or irregularities.
The City also reserves the right to withdraw this Request for Qualifications (RFQ) at any time without prior notice, with no guarantee that any agreement will be approved with any firm responding to this Request for Qualifications (RFQ). Additionally, the City reserves the right to postpone proposal openings for its own convenience.
7. SELECTION PROCESS
The Statements of Qualifications submittal deadline is Tuesday, June 30, 2026, at 11:00 AM.
Following completion of the review process, the selection committee will notify up to five (5) firms determined to be the most qualified. The recommended prequalified list will be presented to the City Council for approval.
When services are needed, the City will issue a Request for Proposals (RFP) to firms on the approved prequalified list. At that time, selected consultants shall submit a detailed written proposal that includes a project-specific scope of services, schedule, and cost estimate. The City reserves the right to negotiate directly with any of the prequalified firms without issuing an RFP.
The City will evaluate the proposal(s) and notify the consultant deemed most qualified for the specific scope of work. The City will then enter into negotiations with the selected firm to execute an agreement for consultant services. If an agreement cannot be reached, the City will proceed to negotiate with the next most qualified firm.
This process will continue until an agreement is successfully executed. The agreement will be provided to the selected consultant for signature and, at the Director’s discretion and depending on the fee amount, may be presented to the City Council for approval. Written authorization in the form of a fully executed agreement is required prior to the commencement of any services for each individual project.
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No. Evaluation Criteria Scoring Method Weight (Points)
1. Experience
• Years of experience of firm
and/or its principals as
construction management
(CM) professionals
• Broad character and scope of
past projects
• Experience of proposed
project team members in
projects of similar magnitude,
construction management
requirements, and complexity
within past five years
• If experience is lacking,
explanation by the firm as to
why he/she or firm should be
selected over others with
more experience
• History of repeat business
with clients. Stipulate the
number of previous
construction management
contracts with the City of
Modesto
Points Based 50
(50% of Total)
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2. Approach
• Originality, creativity, and
soundness of approach to
problem solving and analysis
of construction management,
inspection, and materials
testing requirements
• Demonstrated management
and organizational ability as
relates to time management,
scheduling, City staff/client
relationships, etc., and the
ability to meet deadlines
• Ability to execute complete,
clear, and concise reports
and/or other required
documentation for the project
and produce a quality work
product
• Ability to interpret bid
documents and construction
specifications appropriate to
the size and complexity of the
project
Points Based 15
(15% of Total)
3. General
• Size of firm and available staff
appropriate to project size
• Location of firm in relation to
City of Modesto and the use
of local subconsultants to the
greatest extent feasible on
the project team
• General comprehension of
the project assignment and
responsiveness to special
project requirements
• Demonstrated understanding
of community social
relationships, such as citizen
and environmental concerns,
energy conservation,
ecological and economic
considerations
• Firm reputation as relates to
principles, credibility, and
attitude
Points Based 35
(35% of Total)
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
8. RIGHTS OF CITY OF MODESTO
The City will evaluate all submittals, but this Request for Qualifications (RFQ) does not commit the City of Modesto to approve an agreement, to pay for any costs incurred in preparation or presentation of a Statements of Qualifications, or to procure an agreement for services. The City reserves the right to:
• Make the selection based on its sole discretion;
• Accept or reject any and all Statements of Qualifications, or any item or part thereof, or to waive any informalities or irregularities;
• Withdraw this Request for Qualifications (RFQ) at any time without prior notice, and the City makes no representations that any agreement will be approved with any firm responding to this Request for Qualifications (RFQ);
• Issue subsequent Request for Qualifications (RFQ);
• Postpone Statements of Qualifications opening for its own convenience; • Approve or disapprove the use of particular subconsultant; • Negotiate with any, all, or none of the firms submitting a Statements of Qualifications; • Enter into an agreement with another firm in the event the originally selected Proposer defaults or fails to execute an agreement with the City.
An agreement shall not be binding or valid with the City until it is executed by authorized representatives of the City and the selected firm.
9. SELECTION PROTESTS
1. An interested party wishing to protest or appeal a decision to select a Statements of Qualifications and consultant for an agreement for professional services by the City of Modesto must follow these procedures. Protests or appeals, which are not submitted in accordance with these procedures, will not be reviewed.
2. A protest to an announced decision to select a Statements of Qualifications and consultant for an agreement for professional services must be filed no later than 10 business days after an Announced Decision is provided.
3. Protests are to be delivered to the following address: City of Modesto, Office of the City Clerk, 1010 Tenth Street, Suite 6600, Modesto, California, 95354. Attn: Director of Engineering Services
4. For the purposes of the Protest Procedures, the following terms are defined:
a. “Filing Date” or “Submission Date” means the date of receipt by the City Clerk of the City of Modesto
b. “Interested Party” means an actual or prospective proposing consultant, or any sub-consultant identified by name in any bid.
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c. “Proposal” includes the term “offer” or “proposal” in the context of formal procurements.
d. “Announced Decision” means that notifications (either written or electronic) of selection or non-selection have been provided to consultants that have submitted a proposal. The date of notification shall be the date of the decision. e. “Days” means working days in which City Hall is open for business, excluding holidays and weekends.
5. PROTEST PROCEDURES
a. Any interested party must file a written protest to an announced decision to award a contract with the City Clerk no later than 10 business days after the Announced Decision.
b. Protestors may be represented by legal counsel at their own expense if they wish.
c. The protest shall be accompanied by a certified check or cashier’s check in the amount of $100, (EXCEPT FEDERALLY FUNDED PROJECTS), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will not be reviewed.
d. The protest filed with the City Clerk shall:
i. Include the name, address, and business telephone number of the protestor; ii. Identify the project under protest by name, and proposal due date; iii. Contain a concise statement of the grounds for protest; iv. Include all supporting documentation, if any. Documentation submitted after filing will not be reviewed.
6. PROTEST REVIEW (ANNOUNCED DECISION)
a. Protest to Director of Engineering Services
b. Upon receipt of a protest, the Director of Engineering Services, or designee, shall review all the submitted materials and shall create and retain a written record of the review. The Director of Engineering Services, or designee, shall respond at least generally to each material issue raised in the protest no later than 10 business days after City Clerk’s receipt of the protest. Notice of the Director or Engineering Services, or designee’s, decision may be given by telephone, email, facsimile machine, in person, or by U.S. Postal Service. c. Appeal to Deputy City Manager
i. The Director of Engineering Services, or designee’s, decision may be appealed in writing to the City of Modesto’s Deputy City Manager no later than 10 business days after Notice of Decision is sent to the protestor. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any, and the written record of the protest review by the Director of Utilities, or designee.
ii. A written record of the Deputy City Manager’s review shall be created and maintained. The Deputy City Manager shall give notice in writing of his or her #1..
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decision to the protestor within 15 business days after City Clerk’s receipt of appeal.
d. Appeal to City Council
i. Any protestor excepting 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 no later than 15 business days after receipt of the Deputy City Manager’s decision. The City Clerk will schedule 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. ii. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing. After City Council review and decision, no internal appeal is possible.
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
10.PROJECT SCHEDULE
RFP/RFQ Posted: May 19, 2026
Requests for Clarifications, Corrections or
Modifications:
June 16, 2026, 3:00pm
Proposals/Statement of Qualifications Due: June 30, 2026, 11:00am Committee Review Complete *: Month, Year
Consultant Interview, if needed *: Month, Year
Council Approval *: August 2026
Notice to Proceed *: TBD
*Dates subject to change
Thank you in advance, for your interest in our project.
Sincerely,
Angelina Castillo
Assistant Engineer
Engineering Services Department
[email protected]
(209) 571-5149
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11.SAMPLE 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 (CONSULTANT), a California corporation, hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that an _____________________ should be prepared for the City to _________________________.
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:
11.1. SCOPE OF SERVICES
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or "project". The Consultant shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.
11.2. TERM OF AGREEMENT
This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit (A) and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit (A), as of the Effective Date of this Agreement. Consultant shall diligently proceed with the preparation of the project and agrees to complete said preparation within the time period set forth in Exhibit (A).
11.3. COMPENSATION
Consultant agrees to accept a sum not to exceed $__________ (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A) attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.
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. #1..
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CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by CONSULTANT and identified in Exhibit (B) or approved by the CITY in writing. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive-12.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $_________. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit (B) and may not exceed the amount requested and approved in writing by the City Manager. In that event, the new total compensation shall not exceed $_________. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this Agreement.
11.4. 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.
11.5. PERFORMANCE BY KEY EMPLOYEE
Consultant has represented to City that ____________________, 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 ____________ percent (____%) 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.
11.6. 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.
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 #1..
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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.
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.
11.7. 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.
11.8. 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.
11.9. AMENDMENTS
Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original Agreement prior to the performance of the additional work.
Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.
11.10. INDEPENDENT CONTRACTOR
All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. #1..
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Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing 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 Consultant 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.
11.11. 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.
11.12. 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.
11.13. NOTICES
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and #1..
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received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name:
Address:
Attention:
Phone:
Email:
( )
CITY: Name:
Address:
Phone:
Email:
City of Modesto
P.O. Box 642
Modesto, CA 95353
(209)
11.14. 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.
11.15. TERMINATION OF AGREEMENT
Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.
Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than 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.
Post-Termination Procedure
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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 of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant Agreements or Agreements for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the Work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
Authorization to Terminate Agreement
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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.
11.16. CERTIFIED PAYROLL REQUIREMENT
If Consultant is performing "public works" as defined in Labor Code section 1720(a), Consultant shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit (A) not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services describe in Exhibit (A) are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit (A) are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City's Purchasing Department and shall be made available on request. Consultant must comply with all applicable laws and regulations that apply to wages earned in performance of the services describe in Exhibit (A), including those set forth in Labor Code section 1770 et. seq.
11.17. INDEMNITY
If Consultant is Design Professional performing design professional services, as defined 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.
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Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, officials, 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.
11.18. 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 contract provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
11.19. 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.
11.20. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.
11.21. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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11.22. 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.
11.23. 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.
11.24. GOVERNING LAW
This Agreement shall be governed according to the laws of the State of California.
11.25. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.
11.26. 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.
11.27. CITY BUSINESS LICENSE
Consultant will have a City of Modesto business license.
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. 20___-______, adopted by the Council of the City of Modesto on the ______ day of ____________, 20___, and (CONSULTANT) has caused this agreement to be duly executed in as of the Effective Date.
CITY OF MODESTO
a municipal corporation
(CONSULTANT)
a California corporation*
By ________________________________ By ________________________________ JOSEPH P. LOPEZ, City Manager Name Title
By ________________________________
ATTEST: Name Title
By ________________________________ (Seal)
DIANE NAYARES-PEREZ, City Clerk
CONSULTANT's Federal ID# ____________
APPROVED AS TO FORM:
*Corporation - signature of two (2) officers
required or one (1) officer plus corporate
seal
*LLC - signature of two (2) officers required
By ________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM: Partnership - signature of a partner required
By ________________________________
MATTHEW BRALEY, Risk Manager
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
12.EXHIBIT C: INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES 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 $1,000,000 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.
(Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
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. If Completed Operations endorsement is required, 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 noncontributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. #1..
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Request for Qualifications to Establish a Prequalified List of Consultants for Construction Management and Inspection Services
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
COMMITTEE AGENDA REPORT
DATE OF MEETING:
October 5, 2026
Date: September 28, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Approve California Environmental Quality Act Addendum for the Biosolids Management Plan
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider the California Environmental Quality Act (CEQA) Addendum to the previously approved Initial Study/Mitigated Negative Declaration for the Biosolids Management Plan and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2027 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
In 1993, the City of Modesto (City) adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the Biosolids Management Plan Project and approved the project. The approved Biosolids Management Plan Project included the drying and transportation of digested and dried sludge (i.e., biosolids) from wastewater treatment operations conducted by the City at the Sutter Campus Primary Treatment Facility (Sutter Campus) to agricultural fields at the City-owned Modesto Ranch on Jennings Road. Mitigation measures were made conditions of approval and incorporated into the project. The 1993 IS/MND states that no land application of biosolids would occur between October 16 and April 30 as a mitigation measure related to Aleutian Canada Geese. #2..
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Economic Development Committee, October 5, 2026
Approve California Environmental Quality Act Addendum for the Biosolids Management Plan
The City currently anaerobically digests and dries the primary solids at the Sutter Campus and trucks the digested and dried, Class B biosolids to the Modesto Ranch for land application. This practice generates about 2,500 dry tons of biosolids that are land applied each year. In addition, the biosolids generated at the Jennings Campus are treated onsite within existing ponds associated with the Jennings Campus, dredged, and mechanically dewatered at the Jennings Campus prior to land application on the Modesto Ranch. It is currently anticipated that between 2,500 and 8,500 dry tons of biosolids will be removed from the ponds each year and land applied.
DISCUSSION:
The City is proposing changes to its biosolids operations as a result of a review and recommendation from an outside consultant, that are not consistent with the 1993 IS/MND and the Biosolids Management Plan Project. As the lead agency, the City is responsible for approving the project modifications, at which time the City must also consider the addendum with the Negative Declaration, per State CEQA Guidelines Section 15164(d).
Due to the cost and timeline associated with the current practices, the City has begun investigating strategies for reducing costs by implementing a year-round land application strategy. The 1993 IS/MND states that no land application of biosolids would occur between October 16 and April 30 as a mitigation measure related to Aleutian Canada Geese. This Aleutian Canada Geese mitigation measure is no longer considered applicable to the Biosolids Management Project because the identified species is considered recovered and no longer listed as an endangered species by the California Department of Fish and Wildlife (CDFW) or US Fish and Wildlife Service (USFWS).
The attached Draft Addendum finds that there are no new circumstances or project changes that have occurred nor has any new information been found requiring new analysis or verification. The project as proposed would not result in new or substantially more severe significant impacts to hydrology and water quality, therefore the conclusions of the 1993 IS/MND remain valid, and no new mitigation is required.
FISCAL IMPACT:
There is no cost associated with the approval of the addendum confirming CEQA compliance for changes to the Biosolids Management Plan as previously described in the 1993 IS/MND. The City expects that with approval of the addendum, the flexibility in operations will allow for cost savings of future capital expenses related to biosolids management.
CEQA/NEPA REQUIREMENTS:
Addenda are not required to be circulated for public review or filed with the State Clearinghouse; however, CEQA requires lead agencies to consider addenda prior to making a decision on the project (CEQA Guidelines Section 15164). After a project #2..
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Economic Development Committee, October 5, 2026
Approve CEQA Addendum for the Biosolids Management Plan Services
decision is made, the lead agency would file a notice of determination (NOD) with the State Clearinghouse, which would trigger a 30-day statute of limitations period.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendation:
Motion recommending the California Environmental Quality Act Addendum to the previously approved Initial Study/Mitigated Negative Declaration for the Biosolids Management Plan and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Initial Study/Mitigated Negative Declaration Biosolids Management Plan Project
2. Initial Study/Mitigated Negative Declaration Biosolids Management Plan Project Addendum
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ADDENDUM TO THE
Initial Study/Mitigated Negative Declaration
Biosolids Management Plan Project
Prepared for:
City of Modesto
Utilities Department,
Wastewater Services Division
1010 10th Street
Modesto, California 95353
September 2025
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ADDENDUM TO THE
Initial Study/ Mitigated Negative Declaration
Biosolids Management Plan Project
SCH No.1993072082
Prepared for:
City of Modesto
Utilities Department, Wastewater Services Division
1010 10th Street
Modesto, California 95353
Contact:
Jeff Daniels
Wastewater Division Manager
Prepared by:
Ascent Environmental
455 Capitol Mall, Suite 300
Sacramento, CA 95814
September 2025
20220156.01
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City of Modesto
Biosolids Management Plan Project i
BACKGROUND AND ACTION TRIGGERING THE ADDENDUM
IS/MND Adoption and Project Approval. In 1993, the City of Modesto (City) adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the Biosolids Management Plan Project and approved the project. The approved Biosolids Management Plan Project included the drying and transportation of digested and dried sludge (i.e., biosolids) from wastewater treatment operations conducted by the City to agricultural fields in the area. Mitigation measures were made conditions of approval and incorporated into the project. Per the 1993 IS/MND, biosolids would be used for agricultural purposes as a soil amendment and source of nutrients for field crops. The IS/MND identified three sites (5019 Maze Boulevard, 4545 West Service Road, and city-owned agricultural land along Jennings Road [hereafter referred to as the Modesto Ranch]) for potential application of biosolids. Currently, the City anaerobically digests and dries the primary solids at the Sutter Campus Primary Treatment Facility (Sutter Campus) and trucks the digested and dried Class B biosolids to the Modesto Ranch for land application. This practice generates about 2,500 dry tons of biosolids that are land applied each year on average. In addition, the City operates the Jennings Campus Secondary/Tertiary Treatment Facility (Jennings Campus). Biosolids generated at the Jennings Campus are currently treated on-site within existing ponds associated with the Jennings Campus, dredged, and mechanically dried at the Jennings Campus prior to land application on the Modesto Ranch.
The proposed modifications would occur at both of the City’s Water Quality Control Facility (WQCF) and the Modesto Ranch. The Sutter Campus is located at 1221 Sutter Avenue in Modesto, at the southern terminus of Sutter Avenue.
The Sutter Campus property consists of one parcel (Assessor’s parcel number [APN] 037-037-001). The total land area associated with the Sutter Campus is 73 acres. The Jennings Campus is located at 7007 Jennings Road, as the western terminus of Jennings Road. The Jennings Campus property consists of ten parcels (APNs 017-061-010, 017-061-018, 017-061-022, 017-062-020, 022-001-002, 022-001-004, 022-001-007, 022-001-008, 022-001-009, and 022-001-010).
The total land area associated with the Jennings Campus is approximately 1,423 acres. The Modesto Ranch is located directly south of the Jennings Campus and includes eight parcels (APNs 022-001-002, 022-001-004, 022-001-005, 022-003-002, 022-004-001, 022-004-002, 022-004-003, and 058-001-001). The total acreage for the Modesto Ranch is 2,458 acres. The total land area associated with the proposed modifications is 3,954 acres.
Summary of Minor Changes to the Project. Following approval of the Biosolids Management Plan Project in 1993, the City procured permits related to implementation of the Biosolids Management Plan Project. This addendum to the Biosolids Management Plan analyzes proposed modifications of current biosolids management on the Modesto Ranch and the potential increase of biosolids application at the Modesto Ranch. Biosolids management by the City of Modesto would continue to stay below the previously evaluated capacity of 23,000 cubic yards (approximately 22,000 dry tons) of digested and dried sludge, annually. As a result, consistent with the California Environmental Quality Act (CEQA), the City has conducted additional review of the proposed modifications to the Modesto Ranch land application area to determine whether the proposed changes would result in new or substantially more severe environmental impacts than those previously described in the 1993 IS/MND for the Biosolids Management Plan Project. Based on the results of the subsequent environmental analysis provided herein, in accordance with Section 15164 of the State CEQA Guidelines, the City has determined that preparation of an Addendum describing the proposed modifications/changes to the previously approved Biosolids Management Plan Project and adopted IS/MND would be appropriate.
PREVIOUS ENVIRONMENTAL ANALYSES
The environmental process for the Biosolids Management Plan involved the preparation of the following documents that are relevant to the consideration of the project:
Initial Study/Mitigated Negative Declaration (IS/MND) for the Biosolids Management Plan, July 1993, State Clearinghouse No. 1993072082.
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Addendum to the Biosolids Management Plan Project IS/MND Ascent City of Modesto
ii Biosolids Management Plan Project
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
REGARDING AN ADDENDUM TO AN ENVIRONMENTAL IMPACT
REPORT OR NEGATIVE DECLARATION
Altered conditions, changes, or additions to the description of a project that occur after certification of an EIR or Negative Declaration may require additional analysis under CEQA only if they have the potential to result in new or more severe significant environmental impacts. The legal principles that guide decisions regarding whether additional environmental documentation is required are provided in the State CEQA Guidelines, Sections 15162 and 15164, which establish three types of documentation to address these changes: a subsequent EIR, a supplement to an EIR, or an addendum to an EIR or negative declaration.
Section 15162 of the State CEQA Guidelines describes the conditions under which a Subsequent EIR or Negative Declaration would be prepared. In summary, when an IS/MND has been adopted for a project, no subsequent environmental document shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR or Negative Declaration;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measures or alternatives; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
According to Section 15164(b) of the State CEQA Guidelines, an addendum to an adopted negative declaration may be prepared if only minor technical changes or additions to the previous analysis are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
The analysis herein is intended to determine if the project would result in the circumstances described in Section 15162 of the State CEQA Guidelines. As described in the following sections, none of the criteria for a subsequent or supplemental EIR are met; therefore, an addendum is the appropriate CEQA documentation to address the project.
This addendum evaluates each environmental topics covered in the 1993 IS/MND prepared by Brisco Enterprises, and also addresses the updated guidance for environmental analysis under CEQA that was recently adopted by the California Natural Resources Agency. As explained below, the evaluation considers, for each environmental topic, any “changed condition” (i.e., changed circumstances, project changes, or new information of substantial importance) that may result in a different (i.e., new or substantially more severe) environmental impact significance conclusion than identified in the 1993 IS/MND.
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City of Modesto
Biosolids Management Plan Project iii
TABLE OF CONTENTS
Section Page
BACKGROUND AND ACTION TRIGGERING THE ADDENDUM ......................................................................................................... I PREVIOUS ENVIRONMENTAL ANALYSES .............................................................................................................................................. I
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES REGARDING AN ADDENDUM TO AN ENVIRONMENTAL IMPACT REPORT OR NEGATIVE DECLARATION .............................................................................................. II 1 INTRODUCTION AND PURPOSE ............................................................................................................................................... 1
1.1 Introduction ............................................................................................................................................................................. 1
1.2 Project Approval .................................................................................................................................................................... 1
1.3 Purpose of this Document ................................................................................................................................................. 1 2 PROJECT DESCRIPTION AND DESCRIPTION OF PROPOSED MODIFICATIONS .......................................................... 2
2.1 Project Location .................................................................................................................................................................... 2
2.2 Previously Approved Project ............................................................................................................................................ 2
2.3 Project Modifications .......................................................................................................................................................... 2
2.4 Construction ........................................................................................................................................................................... 6
2.5 Operation and Maintenance ............................................................................................................................................ 6
2.6 Required Discretionary Actions ....................................................................................................................................... 6 3 AFFECTED ENVIRONMENT, ENVIRONMENTAL CONSEQUENCES, AND MITIGATION MEASURES ....................... 7
3.1 Approach to Environmental Analysis .............................................................................................................................7
3.2 Explanation of Further Analysis Categories ................................................................................................................ 10
3.3 Discussion and Mitigation Sections .............................................................................................................................. 11
3.4 Biological Resources ........................................................................................................................................................... 13
3.5 Hydrology and Water Quality ......................................................................................................................................... 16 4 LIST OF PREPARERS ................................................................................................................................................................... 19 5 LITERATURE CITED ..................................................................................................................................................................... 20 Figures
Figure 1 Regional Location Map ...................................................................................................................................................... 3 Figure 2 Sutter Campus Primary Treatment Facility .................................................................................................................. 4 Figure 3 Jennings Campus Secondary/Tertiary Treatment Facility....................................................................................... 5 #2..
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Addendum to the Biosolids Management Plan Project IS/MND Ascent City of Modesto
iv Biosolids Management Plan Project
LIST OF ABBREVIATIONS
APN assessor’s parcel number
CEQA California Environmental Quality Act
City City of Modesto
IS/MND Initial Study/Mitigated Negative Declaration
Jennings Campus Jennings Campus Secondary/Tertiary Treatment Facility Regional Water Board Central Valley Regional Water Quality Control Board Sutter Campus Sutter Campus Primary Treatment Facility
WDR Waste Discharge Requirements
WQCF Water Quality Control Facility
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City of Modesto
Biosolids Management Plan Project 1
1 INTRODUCTION AND PURPOSE
1.1 INTRODUCTION
In 1993, the City of Modesto (City) adopted an Initial Study/Mitigated Negative Declaration (IS/MND) for the Biosolids Management Plan Project and approved the project. The approved Biosolids Management Plan Project included the drying and transportation of digested and dried sludge (i.e., biosolids) from wastewater treatment operations conducted by the City at the Sutter Campus Primary Treatment Facility (Sutter Campus) to agricultural fields in the area. Mitigation measures were made conditions of approval and incorporated into the project. Per the 1993 IS/MND, up to 23,000 cubic yards (approximately 22,000 dry tons) of biosolids would be used each year for agricultural purposes as a soil amendment and source of nutrients for field crops.
Currently, approximately 2,500 dry tons of biosolids generated by the Sutter Campus are applied each year to the Modesto Ranch, located adjacent to the City’s Jennings Campus Secondary/Tertiary Treatment Facility (Jennings Campus). Solids generated at the Jennings Campus are currently discharged to the treatment ponds at the plant, where they are treated and stored. The City also directs Waste Activated Sludge (WAS) from the Biological Nutrient Removal (BNR)/Tertiary facilities to the facultative ponds for treatment and storage. The City removes biosolids from the ponds at the Jennings Campus through dredging. The removed biosolids are then mechanically dewatered and stored/further dried within disturbed, vacant land that was previously used for composting operations within the Jennings Campus property, prior to application within the Modesto Ranch. Between 2,500 and 8,500 dry tons of biosolids are removed from the Jennings Campus ponds each year and land applied.
The City is proposing the continued drying and land application of biosolids generated by the Sutter Campus within the Modesto Ranch. The City is also proposing continued removal, dewatering, and storage/drying of biosolids that are treated/stored in the Jennings Campus ponds and continued land application of these solids within the Modesto Ranch.
1.2 PROJECT APPROVAL
Consistent with CEQA Guidelines Section 15052(2)(a), the City, as the agency responsible for carrying out the project, will serve as the lead agency for this addendum to the Biosolids Management Plan 1993 IS/MND.
1.3 PURPOSE OF THIS DOCUMENT
The addendum is intended to evaluate and confirm CEQA compliance for proposed changes to the Biosolids Management Plan Project, which has been modified from what is described and evaluated in the IS/MND, as adopted in 1993. This addendum is organized as an environmental checklist and is intended to evaluate all environmental topic areas for any changes in circumstances or the project description, as compared to the 1993 IS/MND, and determine whether such changes were or were not adequately covered in the 1993 IS/MND. This checklist is not the traditional CEQA Environmental Checklist, that is found in Appendix G of the CEQA Guidelines. Rather, the purpose of this analysis is to evaluate the checklist categories in terms of any “changed condition” (i.e., changed circumstances, project changes, or new information of substantial importance) that may result in a different environmental impact significance conclusion from the IS/MND. The column titles of the checklist have been modified from the Appendix G presentation to help answer the questions to be addressed pursuant to CEQA Section 21166 and State CEQA Guidelines Sections 15162, 15163, 15164, and 15168.
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Addendum to the Biosolids Management Plan Project IS/MND Ascent City of Modesto
2 Biosolids Management Plan Project
2 PROJECT DESCRIPTION AND DESCRIPTION OF
PROPOSED MODIFICATIONS
2.1 PROJECT LOCATION
The proposed modifications would occur at both campuses of the City’s Water Quality Control Facility (WQCF) and city-owned agricultural fields adjacent to the Jennings Campus (i.e., Modesto Ranch). The Sutter Campus of the WQCF, is located at 1221 Sutter Avenue in Modesto, at the southern terminus of Sutter Avenue (see Figure 1). The Sutter Campus property consists of one parcel (Assessor’s parcel number [APN] 037-037-001) (Figure 2). The total land area associated with the Sutter Campus is 73 acres.
The Jennings Campus is located at 7007 Jennings Road, as the western terminus of Jennings Road (see Figure 1). The street address is 7007 Jennings Road. The Jennings Campus property consists of ten parcels (APNs 017-061-010, 017- 061-018, 017-061-022, 017-062-020, 022-001-002, 022-001-004, 022-001-007, 022-001-008, 022-001-009, and 022- 001-010), as shown in Figure 3. The total land area associated with the Jennings Campus is approximately 1,423 acres.
Adjacent to the Jennings Campus, the Modesto Ranch is located directly south of the Jennings Campus and includes eight parcels (APNs 022-001-002, 022-001-004, 022-001-005, 022-003-002, 022-004-001, 022-004-002, 022-004-003, and 058-001-001), as shown in Figure 3. The total acreage for the Modesto Ranch is 2,458 acres. The total land area associated with the proposed modifications is 3,954 acres.
2.2 PREVIOUSLY APPROVED PROJECT
As evaluated in the 1993 IS/MND, the City previously approved a project that included the removal of 23,000 cubic yards (approximately 22,000 dry tons) of digested and dried sludge (i.e., biosolids) from its primary wastewater treatment plant, Sutter Campus. The biosolids would then be used for agricultural purposes as a soil amendment and source of nutrients to field crops. Under the previously approved project, the biosolids could be applied to land at the following addresses, 5019 Maze Boulevard, 4545 West Service Road, and the Modesto Ranch, which is city-owned agricultural land along Jennings Road. As part of the previously approved project, biosolids would be dried within the existing Sutter Campus property and trucked to agricultural land for application. Some temporary storage of biosolids at the agricultural fields may also be necessary so as not to interfere with herbicide applications and harvesting. The primary purpose of the approved project was to allow for the sustainable reuse of biosolids generated by WQCF processes and to provide an economically and environmentally superior method of biosolids disposal.
2.3 PROJECT MODIFICATIONS
The City intends to continue current biosolids drying and treatment processes at the Sutter Campus, which currently generates approximately 2,500 dry tons. Dried biosolids would continue to be transported from the Sutter Campus to the Modesto Ranch for land application, consistent with existing practices. Additionally, the City intends to continue to remove biosolids currently generated and stored within ponds at the Jennings Campus through dredging of the ponds. These biosolids would continue to be mechanically dewatered and then dried within disturbed, vacant land that was previously used for composting operations within the Jennings Campus property. Following this drying process, the biosolids would continue to be applied within the Modesto Ranch. Between 2,500 and 8,500 dry tons of biosolids are removed from the Jennings Campus ponds each year and land applied. The actual amount of biosolids removed and land applied each year depends on several factors, but the biosolids drying and application is not anticipated to exceed 11,000 dry tons (11,500 cubic yards) at both plants within a given year. This would be less than the 23,000 cubic yards (approximately 22,000 dry tons) evaluated as part of the 1993 IS/MND. #2..
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Source: adapted by Ascent Environmental in 2023.
Figure 1 Regional Location Map
#2..
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Source: adapted by Ascent Environmental in 2023.
Figure 2 Sutter Campus Primary Treatment Facility
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Source: adapted by Ascent Environmental in 2023.
Figure 3 Jennings Campus Secondary/Tertiary Treatment Facility #2..
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Due to the cost and timeline associated with the current practices, the City has begun investigating strategies for increasing their capacity through land application of biosolids to the Modesto Ranch year-round. The City’s Biosolids Permit issued by the Central Valley Regional Water Quality Control Board (Regional Water Board) currently prohibits land application of biosolids between October 15 and May 1 (note that the 1993 IS/MND states that no land application of biosolids would occur between October 16 and April 30). The Regional Water Board is in the process of developing modified WDRs, which the City expects would allow year-round biosolids application.
The City has also recently been approached by two local municipalities regarding the feasibility of accepting Class B biosolids for land application on the Modesto Ranch. The City has reviewed the available land application capacity for the Modesto Ranch, and it is considered feasible for the Modesto Ranch to accept these biosolids from a nitrogen and metals loading perspective. The received biosolids would be temporarily stored within areas permitted to store the City’s biosolids (either at the Sutter Campus or the Jennings Campus) and land applied to the Modesto Ranch.
Although the area required for biosolids land application would increase with this project, the existing boundaries of Modesto Ranch are sufficient to accommodate this increase. This potential increase is considered as part of the 8,500 dry tons of biosolids for the Jennings Campus that was described above.
2.4 CONSTRUCTION
Construction of new facilities would not be required as part of the proposed modifications.
2.5 OPERATION AND MAINTENANCE
Existing operational activity includes the dredging and processing of biosolids, and commercial haul truck trips associated with land application. If biosolids are accepted from other municipalities, the project could result in additional trucks compared to existing conditions, but less than what was previously evaluated in the 1993 IS/MND.
The additional trucks would be associated with transport of solids contributed from other municipalities from a temporary storage area on the Sutter or Jennings Campus to the Modesto Ranch – either similar distance or significantly shorter distance than evaluated in the 1993 IS/MND.
2.6 REQUIRED DISCRETIONARY ACTIONS
2.6.1 Lead Agency
As the lead agency, the City is responsible for approving the project modifications, at which time the City must also consider the addendum with the Negative Declaration, per State CEQA Guidelines Section 15164(d).
2.6.2 Responsible Agencies
Under CEQA, responsible agencies are State and local public agencies, other than the lead agency, that have the discretionary authority over a project or a portion of it. Trustee agencies are State agencies with legal jurisdiction over natural resources affected by a project that is held in trust for the people of the state of California.
The agency listed below may have responsibility for or jurisdiction over implementation of elements of the project.
The list of agencies also identifies potential permits and other approval actions that may be required before implementation of certain project elements. The list is not intended to imply that specific permits would be required or that specific actions would occur; rather, it identifies agencies that may have responsibilities related to project components and the potential associated reasons.
Central Valley Regional Water Quality Control Board – Waste Discharge Requirements (WDRs) related to the continued drying and land application of biosolids generated at the Sutter Campus and the drying and land application of biosolids generated at the Jennings Campus. #2..
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3 AFFECTED ENVIRONMENT, ENVIRONMENTAL
CONSEQUENCES, AND MITIGATION MEASURES
This section of the addendum analyzes the potential effects on the existing physical environment from implementation of the proposed modifications, as compared to the approved Biosolids Management Plan Project.
This analysis has been prepared to determine whether any of the conditions described above that would require preparation of an Addendum would occur as a result of the project modification.
3.1 APPROACH TO ENVIRONMENTAL ANALYSIS
As stated previously, the City has determined that, in accordance with PRC Section 21166 and Section 15164 of the State CEQA Guidelines, minor technical changes or additions to the Biosolids Management Plan IS/MND are necessary to address the modifications to the approved Project.
An addendum to an adopted IS/MND is prepared when changes to a project are required, and the changes:
will not result in any new significant environmental effects, and/or will not substantially increase the severity of previously identified effects.
The analysis of environmental effects provided below addresses the same impacts addressed in the Biosolids Management Plan 1993 IS/MND. The environmental analysis evaluates for each environmental topic area (e.g., air quality, biological resources, hydrology and water quality) whether there are any changes in the project or the circumstances under which it would be undertaken that would result in new or substantially more severe environmental impacts than considered in the 1993 IS/MND.
3.1.1 Issues Not Analyzed Further in this Addendum
The proposed modifications described in this addendum constitute changes to the approved Biosolids Management Plan Project that will not result in new significant impacts not previously identified in the IS/MND, nor a substantial increase in the severity or intensity of the significant impacts that were previously identified. The proposed modifications, compared to what was previously described and evaluated in the 1993 IS/MND, would not involve an expanded area of disturbance or substantial changes to operations. For these reasons, an addendum was deemed appropriate for the proposed modifications. Resource areas that do not result in the need for additional detailed consideration therefore include:
Aesthetics;
Cultural Resources;
Geology, Soils, and Mineral Resources;
Hazards and Hazardous Materials;
Land Use, Agriculture, and Forestry Resources;
Employment, Population, and Housing;
Geology, Soils, Seismicity, Minerals, and Paleontology; Greenhouse Gas Emissions;
Hazards and Hazardous Materials;
Land Use, Agriculture, and Forestry
Resources;
Noise;
Transportation; and
Utilities.
Moreover, the proposed modifications are located within active WQCF property and agricultural land and would continue to be subject to the regulations and requirements associated with the existing operations. In particular, the proposed modifications would represent a continuation of existing conditions. In all cases, the area has been previously disturbed, excavated, and recompacted numerous times during the history of WQCF and agricultural operations at the subject properties. As a result, no new ground disturbance that could otherwise disturb certain resources, including cultural and tribal cultural resources, would occur. #2..
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In addition, the proposed modifications would not result in an increase in capacity of organics processing at either WQCF beyond what was previously evaluated in the 1993 IS/MND nor would they result in higher visibility of operations from external viewpoints. The proposed modifications would not involve temporary (construction-related) activities in addition to what was previously evaluated in the 1993 IS/MND, and none of the contemplated project modifications would affect the previously disclosed operational impacts of the Biosolids Management Plan Project.
Further, the mitigation identified in the adopted IS/MND to reduce impacts would be implemented at the Sutter Campus, Jennings Campus, and Modesto Ranch as well as compliance with applicable WDRs to prevent additional or more substantial impacts. As noted below, one adopted mitigation measure, related to Aleutian Canada Geese and described below, is no longer considered applicable to the Biosolids Management Project because the identified species is considered recovered and no longer listed as an endangered species by the California Department of Fish and Wildlife (CDFW) or US Fish and Wildlife Service (USFWS).
3.1.2 Issues Carried Forward for Further Analysis in This Addendum The following issue areas have been evaluated in further detail in this addendum with respect to the proposed modifications to the approved Biosolids Management Plan Project, because of the potential for the modification to adversely affect these resources:
Biological Resources, and
Hydrology and Water Quality.
3.2 EXPLANATION OF FURTHER ANALYSIS CATEGORIES
The purpose of this checklist, as tailored for biological resources, and hydrology and water quality, is to evaluate the categories in terms of any “changed condition” (i.e., changed circumstances, project changes, or new information of substantial importance) that may result in environmental impact significance conclusions different from those found in the Biosolids Management Plan Project IS/MND. The row titles of the checklist include a range of environmental topics, which generally include those presented in Appendix G of the State CEQA Guidelines for biological and cultural resources. The column titles of the checklist have been modified from the Appendix G presentation to help answer the questions to be addressed pursuant to CEQA Section 21166 and State CEQA Guidelines Section 15162. A “no” answer does not necessarily mean that there are no potential impacts relative to the environmental category, but that there is no change in the condition or status of the impact that was analyzed and addressed with mitigation measures in the Biosolids Management Plan Project IS/MND. For instance, the environmental categories might be answered with a “no” in the checklist because the impacts associated with the project were adequately addressed in the Biosolids Management Plan Project IS/MND, and the environmental impact significance conclusions of the 1993 IS/MND remain applicable. The purpose of each column of the checklist is described below.
3.2.1 Where Impact was Analyzed
This column provides a cross-reference to the pages of the 1993 IS/MND where information and analysis may be found relative to the environmental issue listed under each topic.
3.2.2 Do Proposed Changes Involve New or Substantially More Severe Significant Impacts?
Pursuant to Section 15162(a)(1) of the State CEQA Guidelines, this column indicates whether the changes represented by the current project may result in (1) new significant impacts that have not already been considered in the prior environmental review document, or (2) a substantial increase in the severity of a previously identified impact. If “Yes,” then preparation of a subsequent IS/MND or supplement to the IS/MND would be required. #2..
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3.2.3 Any New Circumstances Involving New or Substantially More Severe Significant Impacts?
Pursuant to Section 15162(a)(2) of the CEQA Guidelines, this column indicates whether there have been changes to the project site or the vicinity (circumstances under which the project is undertaken) that have occurred subsequent to the prior environmental documents, which would result in the project having new significant environmental impacts that were not considered in the prior environmental documents or having substantial increases in the severity of previously identified significant impacts. If “Yes,” then preparation of a subsequent IS/MND or supplement to the IS/MND would be required.
3.2.4 Any New Information Requiring New Analysis or Verification? Pursuant to Section 15162(a)(3)(A-D) of the CEQA Guidelines, this column indicates whether new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous environmental documents were certified or adopted as complete, is available, requiring an update to the analysis of the previous environmental documents to verify that the environmental conclusions and mitigation measures remain valid. If the new information shows that: (A) the project will have one or more significant effects not discussed in the prior environmental documents; or (B) that significant effects previously examined will be substantially more severe than shown in the prior environmental documents; or (C) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) that mitigation measures or alternatives which are considerably different from those analyzed in the prior environmental documents would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative, the question would be answered “Yes,” requiring the preparation of a subsequent IS/MND or supplement to the IS/MND. However, if the additional analysis completed as part of this Environmental Checklist Review finds that the conclusions of the prior environmental documents remain the same and no new significant impacts are identified, or previously identified significant environmental impacts are not found to be substantially more severe, the question would be answered “No” and no additional IS/MND documentation (supplement to the IS/MND or subsequent EIR IS/MND) would be required.
3.2.5 Do Prior Environmental Documents Mitigations
Address/Resolve Impacts?
This column indicates whether mitigation measures in the 1993 IS/MND or new mitigation measures identified in the additional analysis completed as part of this Environmental Checklist Review have been adopted to address effects in the related impact category. In some cases, the mitigation measures have already been implemented.
3.3 DISCUSSION AND MITIGATION SECTIONS
3.3.1 Discussion
A discussion of the elements of the checklist is provided under each environmental category to clarify the answers.
The discussion provides information about the particular environmental issue, how the project relates to the issue, and the status of any mitigation that may be required or that has already been implemented. #2..
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3.3.2 Mitigation Measures
Applicable mitigation measures from the prior environmental review that would apply to the proposed amendment are listed under each environmental category. New mitigation measures are included, if needed.
3.3.3 Conclusions
A discussion of the conclusion relating to the need for additional environmental documentation is contained in each section.
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3.4 BIOLOGICAL RESOURCES
Environmental Issue Area
Where Impact
Was Analyzed in
the 1993 IS/MND
Do Proposed Changes
Involve New or
Substantially More
Severe Significant
Impacts?
Any New
Circumstances
Involving New
Significant Impacts or
Substantially More
Severe Impacts?
Any New
Information
Requiring New
Analysis or
Verification?
Do Prior
Environmental
Documents
Mitigations
Address/Resolve
Impacts?
Would the proposed modifications:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate,
sensitive, or special status species
in local or regional plans, policies,
or regulations, or by the
California Department of Fish and
Wildlife or U.S. Fish and Wildlife
Service?
p. 25 through 27
of the IS/MND
No No No Mitigation related to
Aleutian Canada
geese is no longer
applicable.
b) Have a substantial adverse effect
on any riparian habitat or other
sensitive natural community
identified in local or regional
plans, policies, and regulations or
by the California Department of
Fish and Game or US Fish and
Wildlife Service?
p. 25 and 27 of
the 1993 IS/MND
No No No Mitigation related to
weed control will be
implemented.
c) Have a substantial adverse effect
on federally protected wetlands
as defined by Section 404 of the
Clean Water Act (including, but
not limited to, marsh, vernal pool,
coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
p. 25 and 27 of
the 1993 IS/MND
No No No No mitigation is
necessary.
d) Interfere substantially with the
movement of any native resident
or migratory fish and wildlife
species or with established native
resident or migratory wildlife
corridors, or impede the use of
native wildlife nursery sites?
p. 27 of the 1993
IS/MND
No No No Mitigation related to
Aleutian Canada
geese is no longer
applicable; No
mitigation is
necessary.
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree
preservation policy or ordinance.
Not previously
analyzed
No No No No mitigation is
necessary.
f) Conflict with the provisions of an
adopted Habitat Conservation
Plan, Natural Community
Conservation Plan, or other
approved local, regional, or state
habitat conservation plan?
Not previously
analyzed
No No No No mitigation is
necessary.
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PRIOR ANALYSIS
With respect to biological resources, the adopted Biosolids Management Plan 1993 IS/MND determined that, with mitigation, potentially significant impacts may occur with respect to the introduction of weeds, which could affect native species and/or agricultural crops in the area, and operational impacts to Aleutian Canada goose. Of note, the Aleutian Canada goose was first listed as endangered in 1967, reclassified as threatened in 1990, and then delisted due to recovery in 2001 (after adoption of the 1993 IS/MND for the Biosolids Management Plan Project). All other biological resource impacts were determined to be either no impact or less than significant. The following discussion provides a brief summary of the biological resources analysis provided in the IS/MND.
3.4.1 Discussion
a) With implementation of the Biosolids Management Plan Project, the IS/MND determined that operational activities associated with the application of biosolids to agricultural lands could result in the ingestion of biosolids by Aleutian Canada geese during migration. The geese have the potential to be in the area between November and April. It was noted that no correlation of disease to geese from ingestion of biosolids has ever been shown.
However, mitigation measure 5-b-a was adopted so as to require the project to operate in a manner that would not provide the opportunity for ingestion of solids by the geese. With implementation of the mitigation measures, impacts were reduced to less than significant. Since adoption of the IS/MND, Aleutian Canada geese were delisted and are no longer considered a special status species; as a result, the aforementioned mitigation measure is no longer considered applicable to the Biosolids Management Plan Project and can be removed and no longer implemented.
The IS/MND also determined that the application of biosolids within existing agricultural practices would not result in the loss of sensitive habitat or otherwise result in impacts to special status species. As the proposed modifications would represent a continuation of existing practices at Sutter Campus and an expansion of biosolids management practices within Jennings Campus and Modesto Ranch, but wholly within existing disturbed areas that are owned and operated by the City of Modesto, no additional impacts to special status species would occur.
b) The proposed modifications would take place within either existing disturbed/active areas of the Sutter Campus and Jennings Campus or within existing agricultural land (on the Modesto Ranch). As a result, no disturbance of sensitive habitat (i.e., special status natural community or riparian habitat) would occur as a result of implementation of the proposed modifications. Further, the 1993 IS/MND identified one mitigation measure related to the introduction of weeds to the project area. Because not all weeds are destroyed through existing wastewater treatment and biosolids drying practices, the IS/MND identified a potential for new species to be introduced in the area. As a result, mitigation related to the inspection for weeds and implementation of weed control within all biosolids drying areas was adopted and would be considered applicable to the proposed temporary storage of biosolids from other municipalities. With implementation of these mitigation measures, impacts were reduced to be less than significant, consistent with the findings of the 1993 IS/MND, and no further mitigation is necessary.
c) Within the proposed modifications areas, no wetlands are present. The proposed biosolids drying, temporary storage, and application areas are existing disturbed areas within either WQCF or active agricultural land. As a result, implementation of the proposed modifications would not result in the removal of or otherwise impacts to wetlands that may be located in the area. Of note, WDRs associated with the proposed modifications would further ensure the appropriate control and treatment of biosolids to ensure that off-site impacts do not occur. As a result, no impacts are anticipated as a result of the proposed modifications, and no mitigation is necessary. d) As noted above under Item 3.4.1.a), mitigation was adopted as part of the 1993 IS/MND related to the potential for the Biosolids Management Plan Project to impact the migration of Aleutian Canada geese, which were also a special status species at the time of the previous analysis. However, the proposed modifications would not result in the interference of or otherwise impact migration patterns of species through the area. No new ground #2..
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disturbance or loss of habitat connectivity would occur. Therefore, no impacts would occur as a result of the proposed modifications, and the previous mitigation measure associated with Aleutian Canada goose is no longer considered applicable. No mitigation is necessary. e) Although this impact was not previously analyzed in the 1993 IS/MND, the project would involve the continuation and expansion of WQCF activities within the existing WQCF. As no sensitive habitat or species are anticipated to be affected by the proposed modifications, the project would be considered consistent with applicable plans and policies related to protecting biological resources. As a result, no impact would occur, and no mitigation is necessary.
f) Although this impact was not previously analyzed in the 1993 IS/MND, no adopted habitat conservation plans or natural community conservation plans are adopted for the project area. As a result, the proposed modifications would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. No impact would occur, and no mitigation is necessary.
MITIGATION MEASURES
The following mitigation measures were adopted as part of the 1993 IS/MND and would be considered applicable to the proposed modifications:
Continue efforts of Stanislaus County Agricultural Commissioner to prevent vegetables contaminated with undesirable weed seeds from entering the county from elsewhere. Inspect solids as they dry in the drying beds and remove undesirable weeds before they produce seeds. Develop and implement a weed control system for elimination of all weeds in the area of the biosolids drying beds by means of annual preemergent application and maintenance spraying. Monitor for weed growth in fields after application.
The following mitigation measure was adopted as part of the 1993 IS/MND but, due to changes in circumstances, is no longer considered applicable to the Biosolids Management Plan Project. As a result, the following mitigation measure is removed:
Applications on all fields will be done between May 1 and October 15, as long as geese are not present.
CONCLUSION
Since the 1993 IS/MND was adopted, no new circumstances with the exception of delisting of Aleutian Canada goose have occurred nor has any new information been found requiring new analysis or verification. Therefore, the conclusions of the adopted IS/MND remain valid and approval of the project would not result in new or substantially more severe significant impacts to biological resources. As noted previously, mitigation related to the prohibition of biosolids between October 16 and April 30 is no longer considered applicable and is removed. #2..
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3.5 HYDROLOGY AND WATER QUALITY
Environmental Issue Area
Where Impact
Was Analyzed in
the 1993 IS/MND
Do Proposed
Changes Involve
New or Substantially
More Severe
Significant Impacts?
Any New
Circumstances
Involving New
Significant Impacts or
Substantially More
Severe Impacts?
Any New
Information
Requiring New
Analysis or
Verification?
Do Prior
Environmental
Documents
Mitigations
Address/Resolve
Impacts?
Would the proposed modifications: a. Violate any water quality standards or waste discharge
requirements or otherwise
substantially degrade surface or
groundwater quality?
p.23 and 24 of
the 1993
IS/MND
No No No Yes
b. Substantially decrease
groundwater supplies or interfere
substantially with groundwater
recharge such that the project
may impede sustainable
groundwater management of the
basin?
p.22 and 24 of
the 1993
IS/MND
No No No No mitigation is
necessary.
c. Substantially alter the existing
drainage pattern of the site or
area, including through the
alteration of the course of a
stream or river or through the
addition of impervious surfaces, in
a manner which would:
i) Result in substantial on- or
offsite erosion or siltation;
p. 20, 22, and 23
of the IS/MND
No No No No mitigation is
necessary.
ii) Substantially increase the
rate or amount of surface
runoff in a manner which
would result in flooding onor offsite;
No No No No mitigation is
necessary.
iii) Create or contribute runoff
water which would exceed
the capacity of existing or
planned stormwater
drainage systems or provide
substantial additional sources
of polluted runoff; or
No No No No mitigation is
necessary.
iv) Impede or redirect flood
flows?
No No No No mitigation is
necessary.
d. In flood hazard, tsunami, or seiche
zones, risk release of pollutants
due to project inundation?
p. 24 and 25 of
the 1993
IS/MND
No No No No mitigation is
necessary.
e. Conflict with or obstruct
implementation of a water quality
control plan or sustainable
groundwater management plan?
Not previously
analyzed
No No No No mitigation is
necessary.
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PRIOR ANALYSIS
With respect to hydrology and water quality, the 1993 IS/MND determined that, due to regulatory compliance requirements, the previously approved project would largely result in no or less-than-significant impacts. Mitigation measures were adopted for the previously approved with respect to limiting the off-site transport of biosolids as applied to agricultural fields. These measures included maintaining a buffer zone of at least 10 meters from any surface water course, appropriate dust control, limiting the application of biosolids to areas with less than a twopercent slope, capturing and reuse of tailwater, and appropriate seals of agricultural wells. No significant and unavoidable impacts would occur through regulatory compliance, and no mitigation measures were required or adopted as part of the project. The following discussion provides a brief summary of the hydrology and water quality analysis provided in the 1993 IS/MND.
3.5.1 Discussion
a) The 1993 IS/MND determined that although the proposed areas for biosolids treatment and application were located within existing upland agricultural areas or active portions of a WQCF, the potential for off-site transport of biosolids required mitigation to ensure that it did not affect water quality conditions in the area. Because the proposed modifications would involve the temporary storage of biosolids in areas that are currently used as either land application or drying areas, no additional impacts are anticipated. Existing and future biosolids drying, handling, and application would be subject to WDRs (as noted above) but the adopted mitigation measures from the 1993 IS/MND would be considered applicable. Continued implementation of the aforementioned mitigation measures would ensure that water quality in the area would not be affected due to possible runoff contamination of surface water with sediments and non-degradable constituents. As a result, impacts would remain less than significant with mitigation, and no further mitigation is necessary. b) The 1993 IS/MND evaluated potential impacts to groundwater and determined that the use of biosolids will not change irrigation or other practices to the extent that the direction or rate of groundwater flow will change.
Similarly, no excavations, cuts, additions or withdrawals from a groundwater aquifer are needed or anticipated to manage the use of biosolids, including with implementation of the proposed modifications. There would continue to be little or no water to impact groundwater quantity as a result of implementation of the proposed modifications. As a result, impacts would be less than significant consistent with the findings of the adopted 1993 IS/MND, and no mitigation is necessary.
c) The 1993 IS/MND evaluated the potential for the project to alter the existing drainage pattern of the Sutter Campus and Modesto Ranch and runoff. Impacts related to runoff and drainage were found to be less than significant. With respect to the proposed modifications, additional grading or otherwise modification of the Sutter Campus and Modesto Ranch would not be required beyond that anticipated under the 1993 IS/MND. With respect to Jennings Campus, the proposed modifications would occur within active/disturbed areas of the property and further modification/grading of the area is not anticipated. As a result, none of the proposed modifications would result in changes in drainage patterns, the addition of substantial impervious areas, or the alteration of a river or stream. Therefore, the proposed modifications are similar to the approved project evaluated in the 1993 IS/MND, and the proposed modifications would not result in new or substantially more severe impacts than those analyzed in the 1993 IS/MND, and no mitigation is necessary. d) With respect to flood hazards, including dam inundation and seiche risks, the 1993 IS/MND evaluated the potential impacts related to risk of release of pollutants due to project inundation during a flood event and concluded that the use of biosolids does not involve activities which would expose humans or property to water related hazards. As noted previously, the project would involve the expansion of biosolids management beyond what was previously anticipated, but would not involve the expansion of biosolids management activities into new areas that are at risk of flooding. As a result, no new impacts would occur. No mitigation is necessary. e) Although the 1993 IS/MND did not evaluate this threshold, the proposed modifications would involve changes increased biosolids application within the Modesto Ranch, but less than what was previously anticipated in the #2..
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Addendum to the Biosolids Management Plan Project IS/MND Ascent City of Modesto
18 Biosolids Management Plan Project
1993 IS/MND. Further, the Modesto Subbasin groundwater sustainability plan includes the Sutter Campus; however, project activities (under the proposed modifications) would continue in a manner similar to existing conditions at the Sutter Campus and are not anticipated to result in a potential conflict with existing groundwater management activities. As the proposed modifications would not involve additional withdrawals of groundwater as a result of implementation and would comply with applicable WDRs to prevent impacts to groundwater quality, no new significant impacts are anticipated as a result of implementation of the proposed modifications.
No mitigation is necessary.
MITIGATION MEASURES
The following mitigation measures were adopted as part of the 1993 IS/MND and would be considered applicable to the proposed modifications:
A buffer zone of at least 10 meters shall be maintained between application areas and surface water courses. Dust control practices will be implemented to mitigate surface water impacts from airborne solid particles. Biosolids shall be applied to surface irrigated fields with less than two percent slope. Tailwater will be captured and reused on the site.
Agricultural wells shall be provided with sanitary seals, and a berm will be placed around the well at least 50-foot radius from the well and shall be maintained for 30 days after application.
CONCLUSION
No new circumstances or project changes have occurred nor has any new information been found requiring new analysis or verification. The project as now proposed would not result in new or substantially more severe significant impacts to hydrology and water quality and the conclusions of the 1993 IS/MND remain valid, and no new mitigation is required.
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Ascent Addendum to the Biosolids Management Plan Project IS/MND City of Modesto
Biosolids Management Plan 19
4 LIST OF PREPARERS
City of Modesto
Ben Koehler ...........................................................................................Water Quality Control Superintendent, Chief Plant Operator Jason Farnsworth ........................................................................................................................... Wastewater Treatment Plant Manager West Yost
Kathryn Gies ..................................................................................................................................................................... Engineering Manager Ascent Environmental
Chris Mundhenk ................................................................................................................................................................. Principal-in-Charge Roberto Mora ................................................................................................................................................................ Environmental Planner Sarah Henningsen ......................................................................................................................................... Senior Environmental Planner Gayiety Lane ....................................................................................................................................................................................... Publications Riley Smith ........................................................................................................................................................................................... Publications #2..
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Addendum to the Biosolids Management Plan Project IS/MND Ascent City of Modesto
20 Biosolids Management Plan Project
5 LITERATURE CITED
City of Modesto. 1993. Initial Study/Mitigated Negative Declaration for Biosolids Management Plan. State Clearinghouse Number 1993072082.
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
October 5, 2026
Date: September 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, Director of Utilities
SUBJECT: Crane and Hoist Repair, Maintenance, Inspection and Certification Services
CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider an Agreement for the furnishing of Crane Repair, Maintenance, Inspection and Certification Services to Areco Building Construction Inc., Modesto, CA, for a total amount not to exceed $134,203, over five (5) years, and forwarding to Council for approval. (Funding Source: Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
Cranes and hoists used at the Wastewater Quality Control Facilities are required to undergo regular inspection and certification to ensure safe operation and compliance with Cal/OSHA and applicable safety regulations. These lifting devices are critical for maintenance activities and equipment handling throughout the treatment facilities.
Routine inspections help identify potential safety issues, ensure operational reliability, and maintain regulatory compliance. The current agreement for crane and hoist inspection services is nearing expiration. Establishing a new agreement will allow the Utilities Department to continue required inspection and certification services without interruption and ensure ongoing safe operation of lifting equipment at the wastewater #3..
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Economic Development Committee, October 5, 2026
Crane and Hoist Repair, Maintenance, Inspection and Certification Services
treatment facilities. The new agreement should also include repair and maintenance, not just inspection and certification.
On November 15, 2021, the City entered into a two (2) year Agreement with three (3) one-year extension options for the furnishing of Crane Inspection and Certification Services with Crane and Hoist Services, LTD., for an estimated annual amount of $1,600, and a total amount not to exceed $8,000 over five (5) years.
On September 1, 2022, the City amended the Original Agreement by adding quadrennial load test inspection services, increasing the previously approved amount from $8,000 to $23,000 over five (5) years.
DISCUSSION:
The City of Modesto Utilities Department is requesting repair, maintenance, annual inspection and certification services for the hoists and cranes located at the City of Modesto Regional Water Recycling Facilities at the Sutter and Jennings campuses and off-site lift stations. The new Agreement will include the performance of minor repairs and adjustments needed to achieve compliance which wasn’t included in the previous Agreement. The selected contractor will provide repair, maintenance, annual inspection and certification services in accordance with applicable Cal/OSHA standards. Services include inspection of designated hoists and cranes, identification and documentation of safety deficiencies, minor repairs and adjustments required to maintain compliance, and submission of written inspection reports and certification documentation. The contractor will furnish all labor, materials, tools, equipment, and supervision necessary to perform the required inspections and corrective services.
On March 30, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for the furnishing of Crane and Hoist Repair, Maintenance, Inspection and Certification Services. On June 3, 2026, the Purchasing Division issued Invitation for Bids (IFB) IFB-00101 - Crane and Hoist Repair, Maintenance, Inspection and Certification Services Bid on the City’s OpenGov public bidding website under various commodity codes1. 4,487 prospective bidders were notified online and via email which included 52 local vendors of the bid opportunity. 17 downloaded the IFB document from OpenGov and two (2) were local vendors.
On June 30, 2026, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. One (1) chose to respond and is a local vendor. Based on providing the lowest responsive and responsible bid, City staff recommended to award the furnishing of Crane and Hoist Repair, Maintenance, Inspection and Certification Services to Areco Building Construction Inc., Modesto, CA for a two (2) year agreement with three (3) one-year extension options for an estimated annual amount of $25,000 and a total amount not to exceed $134,203 over five (5) years. 1 07544 – Lifts and Hoists, Floor Type, 54506 – Chain Hoists and Cable lifts, 56039 – Cranes, All Kinds (Except Automotive and Road and Bridge Building), 76509 – Cranes, Backhoe and Dragline, 92900 – Equipment Maintenance and Repair Services, 92933 – Maintenance and Repair of Cranes, 92947 – Maintenance and Repair of Lifts and Hoists, 96145 – Inspection and Certification Services
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Economic Development Committee, October 5, 2026
Crane and Hoist Repair, Maintenance, Inspection and Certification Services
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.
Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code 8-3.203, City staff recommends the Award of Bid and Agreement for the furnishing of Crane and Hoist Repair, Maintenance, Inspection and Certification Services for the Utilities Department to Areco Building Construction Inc., Modesto, CA.
FISCAL IMPACT:
Expenditures for furnishing of Crane and Hoist Services under the current agreement over the past five (5) years are summarized below:
PREVIOUS AGREEMENT EXPENDITURES:
Agreement Year Total
Year 1 (2021-22) $ 7,518
Year 2 (2022-23) $ 1,294
Year 3 (2023-24) $ 1,330
Year 4 (2024-25) $ 1,867
Year 5 (2025-26)
Grand Total $ 12,009
ANTICIPATED AGREEMENT EXPENDITURES:
The increase requested reflects including repair and maintenance, current market pricing for crane and hoist inspection and certification services, including higher labor, equipment, and operational costs over the new contract term. The new Agreement amount also provides sufficient capacity to cover annual inspections, required certifications, and any necessary corrective services to maintain compliance with Cal/OSHA and other applicable safety regulations. Due to aging equipment, potential increased service needs, and inflationary impacts over the five-year term, a higher notto-exceed amount is necessary to avoid service interruption and ensure safe, reliable operation of lifting equipment at the Wastewater treatment facilities.
The table below contains projected spending for the next five (5) years, with years one (1) and two (2) fixed. The overall agreement total was calculated by forecasting the Consumer Price Index (CPI) percentage increases based on 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.
CY 1 CY2 CY3 CY4 CY5 NTE
Estimated Annual $25,000 $25,000 $25,000 $26,475 $28,037
5.9% CPI Increase 0 0 $1,475 $1,562 $1,654
$25,000 $25,000 $26,475 $28,037 $29,691 $134,203
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Economic Development Committee, October 5, 2026
Crane and Hoist Repair, Maintenance, Inspection and Certification Services
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 the furnishing of Crane and Hoist Repair, Maintenance, Inspection and Certification Services to Areco Building Construction Inc., Modesto, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $25,000, and a total amount not to exceed $134,203, over five (5) years, with any new site additions, removals, or substantive service changes to be authorized by the Director of Finance or her designee and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Agreement – Areco Building Construction Inc.
2. Exhibit B - Areco Building Construction Inc. Bid Submittal
3. Exhibit C - IFB-00101
4. Exhibit D – Insurance Requirements
5. Exhibit E – Pricing Schedule
6. Cost Abstract
7. Financial Interest Disclosure
8. CA Levine Act Disclosure
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1 ANNUAL AGREEMENT FOR
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND CERTIFICATION SERVICES – AGREEMENT #332140
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 Areco Building Construction, 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 Crane and Hoist Repair, Maintenance, Inspection and Certification 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 Crane and Hoist Repair, Maintenance, Inspection and Certification SERVICES as described in IFB-00101, 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 “C”, and in strict accordance with the conditions of the complete AGREEMENT.
B. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. #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 $25,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $134,203. 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 "C".
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 “C” 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 “C” 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 "C" 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 “C”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#:20260649190
3. CITY REPRESENTATIVE:
CITY Representative is Nolan Harris, [email protected] Purchasing Representative Nani Hollingsworth, [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:
Cuitlahuac Arellano
209-450-1052
[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: NOVEMBER 14, 2026 through NOVEMBER 13, 2027
Year 2: NOVEMBER 14, 2027 through NOVEMBER 13, 2028
Year 3: NOVEMBER 14, 2028 through NOVEMBER 13, 2029
Year 4: NOVEMBER 14, 2029 through NOVEMBER 13, 2030
Year 5: NOVEMBER 14, 2030 through NOVEMBER 13, 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 332140
• 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 #3..
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5 B. Resolution No.2026 - ____;
C. CONTRACTOR Bid submittal;
D. IFB-00101;
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; #3..
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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.
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.
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: Areco Building Construction, Inc.
Attention: Cuitlahuac Arellano
2804 Bernstein Dr
Modesto, CA 95358
209-450-1052
[email protected]
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8 CITY: City of Modesto
Purchasing Division
Attention: Nani Hollingsworth
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 #3..
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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:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
32. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
33. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
34. ENTIRE AGREEMENT:
This AGREEMENT and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit "C", are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications 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. #3..
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11 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.
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 27th day of October, 2026 and Areco Building Construction, Inc. has caused this Agreement to be duly executed. #3..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services RESPONSE DEADLINE: June 30, 2026 at 11:00 am
Report Generated: Wednesday, August 5, 2026
Areco Building Construction Inc. Response
CONTACT INFORMATION
Company:
Areco Building Construction Inc.
Email:
[email protected]
Contact:
Cuitlahuac Arellano
Address:
2804 Bernstein Drive
Modesto, CA 95358
Phone:
(209) 450-1052
Website:
N/A
Submission Date:
Jun 30, 2026 6:27 AM (Pacific Time)
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Acknowledgements
IFB ACKNOWLEDGEMENT*
Pass
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
PREPARATION OF BIDS*
Pass
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
TAXES AND FREIGHT CHARGES*
Pass
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
Bidder acknowledges that:
A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.
B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid.
C. Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.
D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
AWARD*
Pass
Bidder Acknowledges that:
A. Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.
B. Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.
C. A valid, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
By checking the "please confirm" box below, you acknowledge the above statement. #3..
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
Confirmed
PATENT INDEMNITY*
Pass
Bidder Acknowledges:
Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
SAMPLES*
Pass
Bidder Acknowledges:
Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Pass
Bidder Acknowledges:
A. In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall #3..
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.
B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.
C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
PAYMENT TERMS AND METHODS*
Pass
BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:
Option A (Preferred): City of Modesto ePay Payment:
This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment through your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
Option B – Manual Check:
On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.
Option B - Manual Check
DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?*
Pass
No
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Pass
Bidder Acknowledges:
In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.
By checking the "please confirm" box below, you acknowledge the above statement. #3..
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
Confirmed
NO GUARANTEE OR WARRANTY*
Pass
Bidder Acknowledges that:
The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
MINOR IRREGULARITIES*
Pass
Bidder Acknowledges that:
The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
2. Bidder Company Information
BIDDER COMPANY FULL LEGAL NAME*
Pass
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.
ARECO BUILDING CONSTRUCTION INC
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Pass
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.
NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.
ARECO CONSTRUCTION
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
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
2804 Bernstein Drive
Modesto
CA
United States Of America
95358
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company.
N/A
CONTACT PERSON DETAILS*
Pass
Please provide the following information for the Contact person for this bid:
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
• Name
• Title
• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
Cuitlahuac Arellano
CEO
(209)517-7992
(209)450-1052
2804 Bernstein Drive, Modesto CA 95358
(209)517-7992
[email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 84-4750774
DUNS & BRADSTREET (DUNS) NUMBER
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
Pass
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here. 10-828-2296
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
Cuitlahuac Arellano Sr., CEO
Cuitlahuac Arellano Jr., Vice-President
Angel Arellano, Secretary
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 6 CLOSEST BIDDER OFFICE*
Pass
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
• City
• State
• Country
• Postal Code
2804 Bernstein Drive
Modesto
CA
United States Of America
95358
CITY OF MODESTO BUSINESS LICENSE*
Pass
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.
Yes
CITY OF MODESTO BUSINESS LICENSE NUMBER*
Pass
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
1308877
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
STATE OF CALIFORNIA CONTRACTOR LICENSE NUMBER*
Pass
Please provide your State of California Contractor License Number (if available). 1095768
Click to Verify Value will be copied to clipboard
CONTRACTOR LICENSE EXPIRATION DATE*
Pass
Please enter the current expiration date of your State of California Contractor's License (if available). 08/31/2026
DIR REGISTRATION NUMBER*
Pass
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available). 2000014507
Click to Verify Value will be copied to clipboard
DIR REGISTRATION EXPIRATION DATE*
Pass
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number. 06/30/27
3. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
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
Refernences.pdf
FINANCIAL INTEREST DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
Financial_Interest_.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*
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
Pass
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
Local_Vendors_.pdf
BIDDER COMPANY HISTORY STATEMENT*
Pass
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
Bidder_History_Statement.pdf
BIDDER WARRANTY STATEMENTS*
Pass
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Warranty_Statement_.pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Fail
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
Bidder_Exper.:Cert..pages
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
SUBCONTRACTORS?*
Pass
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No
CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
Modesto_Levine_Act.pdf
PREVAILING WAGE LABOR CRAFT AND LABOR RATE*
Pass
Please download the below documents, complete, and upload. • Prevailing_Wage_Form.doc
3b7ee287-f48b-4303-b0ff-751cddf8360e_Prevailing_Wage_Form_6.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.
Cert_of_Ins_-_CUITLAHUAC_ARELLANO_CHIQUETE_2.PDF
COI_-_Areco_Building_Construction_Inc_-_VOC_2.pdf
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
SUBMITTAL CONFIRMATION*
Pass
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.
By checking the "please confirm" box below, you certify the above statement.
Confirmed
PRICE TABLES
MAINTENANCE & REPAIR SERVICE RATES
Line Item Description Unit of Measure Unit Cost
1 Hourly Rate - Regular Hours Hour $129.00
2 Hourly Rate - After Hours, Weekends and Holidays Hour $171.00 3 Mileage Mile $1.50
EQUIPMENT PARTS & COMPONENTS COST MARK-UP
All parts and components furnished shall be at the Contractor's landed cost less any earned discounts, plus mark-up and sales tax.
When called for by the City, the Contractor shall furnish a copy of the manufacturer's invoice in order to verify the proper price charged to the City.
Line Item Description Unit of Measure Percentage
1 Equipment Parts & Components Cost Mark-Up Percentage 20% #3..
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
INSPECTION AND CERTIFICATION SERVICES
Line Item Location Area Equipment
Description
Capacity Hoist
Manufacturer
Hoist Serial
#
Model # Cost of
Inspection
&
Certification
1 7007 Jennings Rd Tertiary
Plant (TP)
Bridge 5 Ton ACCO 532-20-
13448
X2W0D036-
15M2DO
$650.00
2 7007 Jennings Rd Tertiary PHII
MB1
Bridge 4 Ton Wright 23465-E 14633 $625.00
3 7007 Jennings Rd Tertiary PHII
UV
Bridge 2 Ton Speedway 531-23-
05047
C1W02D025-
20M2D1
$575.00
4 7007 Jennings Rd Tertiary PHII
MBR
Bridge 2 Ton Speedway 23456-B 14631 $575.00
5 1221 Sutter Ave CANSEG
Pump
Station
FSJ 3 Ton Coffing EC1A413GN EC400083 $600.00
6 1221 Sutter Ave Shop
Maintenance
SGUH 2 Ton Demag 61371041 DKUN10.1000KVI $575.00
7 1221 Sutter Ave Maintenance
Shop
Monorail 2 Ton Coffing REC1-A-413-
GN
EC-4008-3 $525.00
8 1221 Sutter Ave Cannery
Pump St
Monorail 3 Ton Coffing EC3C-177-
FW
EC40083 $550.00
9 1221 Sutter Ave Sump Area Monorail 2 Ton Budgit 254810 11584720 $525.00 10 1221 Sutter Ave Headworks SGUH 2 Ton Crane Care SH1417YA S0L02020S14 $575.00 11 1221 Sutter Ave Bowen Lift
Station -
next to 217
Bowen Ave
Monorail 1 Ton Dayton GJLA590TN 3Z926 $500.00
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[ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT IFB No. IFB-00101
Crane and Hoist Repair, Maintenance, Inspection and Certification Services [ARECO BUILDING CONSTRUCTION INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Crane and Hoist Repair, Maintenance, Inspection and Certification Services
Line Item Location Area Equipment
Description
Capacity Hoist
Manufacturer
Hoist Serial
#
Model # Cost of
Inspection
&
Certification
12 1221 Sutter Ave Thousand
Oaks -
behind 1205
Edgebrook
Dr
Monorail 1 Ton Coffing NH9501 LHHIB $500.00
13 1221 Sutter Ave Thousand
Oaks
Monorail 1 Ton R & M 1743699501 DD-4-40 $525.00
14 1221 Sutter Ave Emerald Ave
Lift Station
Monorail 2 Ton Acco-Wright 532-20-
14025
C2W02D060-
22M2D1
$500.00
15 1221 Sutter Ave Scenic Lift
Station
Chain Hoist 2 Ton CM Loadstar 952177NT CYCLONE 2 TON
4626
$500.00
16 1221 Sutter Ave Scenic Lift
Station
Electric
Chain Hoist
2 Ton CM Loadstar L2100VT R' $500.00
17 1221 Sutter Ave Scenic Lift
Station
Election
Chain Hoist
2 Ton CM Loadstar LT1578VT 635MTR $500.00
18 1221 Sutter Ave Shackelford
Lift Station
Monorail 2 Ton Shaw-Box
Series 800
80M020-
040528-V
$525.00
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00101
FOR
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND CERTIFICATION
SERVICES
THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BIDS DUE: June 30, 2026 before 11:00 am
CITY OF MODESTO CONTACT: Nani Hollingsworth, Assistant Buyer E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION 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 D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION 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 Crane and Hoist Repair, Maintenance, Inspection and Certification 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, June 30, 2026, after which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Bids will be received only in the manner stated above, and prior to the time indicated. Any Bid received at or after said time and/or date, or in a manner other than stated above cannot be considered.
Bids received in any other format will not be accepted. The City of Modesto assumes no responsibility for delay in the upload of documents or final submittal of the Bid. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
4 INSTRUCTIONS TO BIDDERS
CALENDAR OF EVENTS
IFB Issued: June 3, 2026
Questions Due via City's OpenGov
Procurement portal:
June 16, 2026, 5:00pm
Addendum Issued (if required): June 23, 2026
Bid Due Date & Time: June 30, 2026, 11:00am
Approximate Contract Award Date: September 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, June 16, 2026.
The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder.
Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.
BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site conditions (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
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 #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION 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-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION 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, June 30, 2026. The City Clerk Record of Proposal document should be available on the City's OpenGov Procurement portal by the end of the same day.
The public Bid opening for this Invitation for Bids will be available using the URL link provided below. By submitting your Bid for the above-stated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.
URL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Call-In#: 1 469-998-7409
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Nani Hollingsworth. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION 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-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION 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. • Upon notification of the Intent to Award, Contractor must provide their Business License (if applicable), W-9 and Insurance Requirements (if applicable) within ten (10) business days. For Contractors who currently do not have a Business License with the City of Modesto, please submit your business application and pay the applicable fees using the link provided. https://modestogov.com/2379/BusinessLicense-Applications-and-Agreem. Submit your signed W-9 using the City’s Vendor Registration #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
9 Form. This link will be provided to the vendor(s) named in the Intent to Award letter. Additionally, all insurance requirements should be submitted through the City’s PINS insurance portal. An email will be generated through the PINS system ([email protected]) with instructions on uploading insurance documents into the portal.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
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 #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
10 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.
• 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. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
11 • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
• The protest shall be accompanied by a certified cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review. • The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor; b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based;
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:
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
12 City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
Further protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
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
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
13 Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
d. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
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 #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
14 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. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
15 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.
MAINTENANCE & REPAIR SERVICE RATES
Line Item Description Unit of
Measure
Unit Cost
1 Hourly Rate - Regular Hours Hour
2 Hourly Rate - After Hours, Weekends and Holidays Hour 3 Mileage Mile
EQUIPMENT PARTS & COMPONENTS COST MARK-UP
All parts and components furnished shall be at the Contractor's landed cost less any earned discounts, plus mark-up and sales tax. When called for by the City, the Contractor shall furnish a copy of the manufacturer's invoice in order to verify the proper price charged to the City.
Line Item Description Unit of
Measure
Percentage
1 Equipment Parts & Components Cost Mark-Up Percentage 20%
INSPECTION AND CERTIFICATION SERVICES
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
16 Line
Item
Location Area Equipment
Description
Capacity Hoist
Manufacturer
Hoist Serial
#
Model # Cost of
Inspection
&
Certification
1 7007
Jennings
Rd
Tertiary
Plant (TP)
Bridge 5 Ton ACCO 532-20-
13448
X2W0D036-
15M2DO
2 7007
Jennings
Rd
Tertiary
PHII MB1
Bridge 4 Ton Wright 23465-E 14633
3 7007
Jennings
Rd
Tertiary
PHII UV
Bridge 2 Ton Speedway 531-23-
05047
C1W02D025-
20M2D1
4 7007
Jennings
Rd
Tertiary
PHII MBR
Bridge 2 Ton Speedway 23456-B 14631
5 1221
Sutter
Ave
CANSEG
Pump
Station
FSJ 3 Ton Coffing EC1A413GN EC400083
6 1221
Sutter
Ave
Shop
Maintenance
SGUH 2 Ton Demag 61371041 DKUN10.1000KVI
7 1221
Sutter
Ave
Maintenance
Shop
Monorail 2 Ton Coffing REC1-A413-GNEC-4008-3
8 1221
Sutter
Ave
Cannery
Pump St
Monorail 3 Ton Coffing EC3C-177-
FW
EC40083
9 1221
Sutter
Ave
Sump Area Monorail 2 Ton Budgit 254810 11584720
10 1221
Sutter
Ave
Headworks SGUH 2 Ton Crane Care SH1417YA S0L02020S14
11 1221
Sutter
Ave
Bowen Lift
Station -
next to 217
Bowen Ave
Monorail 1 Ton Dayton GJLA590TN 3Z926
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
17 Line
Item
Location Area Equipment
Description
Capacity Hoist
Manufacturer
Hoist Serial
#
Model # Cost of
Inspection
&
Certification
12 1221
Sutter
Ave
Thousand
Oaks -
behind 1205
Edgebrook
Dr
Monorail 1 Ton Coffing NH9501 LHHIB
13 1221
Sutter
Ave
Thousand
Oaks
Monorail 1 Ton R & M 1743699501 DD-4-40
14 1221
Sutter
Ave
Emerald
Ave Lift
Station
Monorail 2 Ton Acco-Wright 532-20-
14025
C2W02D060-
22M2D1
15 1221
Sutter
Ave
Scenic Lift
Station
Chain Hoist 2 Ton CM Loadstar 952177NT CYCLONE 2 TON
4626
16 1221
Sutter
Ave
Scenic Lift
Station
Electric
Chain Hoist
2 Ton CM Loadstar L2100VT R'
17 1221
Sutter
Ave
Scenic Lift
Station
Election
Chain Hoist
2 Ton CM Loadstar LT1578VT 635MTR
18 1221
Sutter
Ave
Shackelford
Lift Station
Monorail 2 Ton Shaw-Box
Series 800
80M020-040528-V
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
18 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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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
19 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. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
20 ☐ Please confirm
*Response required
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Bidder Acknowledges:
A. In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.
B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.
C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PAYMENT TERMS AND METHODS*
BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:
Option A (Preferred): City of Modesto ePay Payment:
This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment through your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
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21 • Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
Option B – Manual Check:
On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff. ☐ Option A - ePay (Preferred)
☐ Option B - Manual Check
*Response required
DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?*
☐ Yes
☐ No
*Response required
When equals "Yes"
PLEASE ENTER THE PREFERRED EMAIL ADDRESS TO SET UP EPAY.* *Response required
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Bidder Acknowledges:
In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
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22 *Response required
NO GUARANTEE OR WARRANTY*
Bidder Acknowledges that:
The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
MINOR IRREGULARITIES*
Bidder Acknowledges that:
The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
BIDDER COMPANY INFORMATION
BIDDER COMPANY FULL LEGAL NAME*
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.
*Response required
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.
NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.
*Response required
TYPE OF LEGAL ENTITY*
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question. #3..
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23 ☐ Yes
☐ No
*Response required
When equals "Yes"
TYPE OF LEGAL ENTITY - SELECT*
Please select which of the following legal entity options under which the Bidder Company operates. ☐ Corporation
☐ Limited Liability Company
☐ Partnership
☐ Sole Proprietorship
*Response required
When equals "Yes"
LEGAL ENTITY STATE OF REGISTRATION*
In which State is the Bidder Company registered?
*Response required
When equals "No"
TYPE OF LEGAL ENTITY - OTHER*
You have indicated that the Bidder Company does not operate as a Corporation, a Limited Liability Company, a Partnership, or as a Sole Proprietorship. Please explain and be sure to note which State the Bidder Company is registered/established.
*Response required
BIDDER COMPANY HEADQUARTERS ADDRESS*
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
*Response required
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24 BIDDER COMPANY WEBSITE ADDRESS*
Please provide the full company website address for the Bidder Company. *Response required
CONTACT PERSON DETAILS*
Please provide the following information for the Contact person for this bid:
• Name
• Title
• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
*Response required
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Please provide the Bidder Company's Federal Taxpayer Identification Number here. *Response required
DUNS & BRADSTREET (DUNS) NUMBER
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here.
BIDDER OFFICER NAMES AND TITLES*
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
• Full Name, Full Title
• Full Name, Full Title
*Response required
YEARS IN BUSINESS*
For how long has the Bidder Company been in business? Please indicate in number of years. *Response required
CLOSEST BIDDER OFFICE*
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
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25 • 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 NUMBER*
Please provide your State of California Contractor License Number (if available). *Response required
CONTRACTOR LICENSE EXPIRATION DATE*
Please enter the current expiration date of your State of California Contractor's License (if available). *Response required
DIR REGISTRATION NUMBER*
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available).
*Response required
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26 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"
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
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27 *Response required
When equals "Yes"
SUPPORT OF LOCAL VENDORS*
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
*Response required
BIDDER COMPANY HISTORY STATEMENT*
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
*Response required
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
*Response required
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
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28 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
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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29 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
SCOPE OF WORK
The City of Modesto Utilities Department is requesting repair, maintenance, annual inspection, certification services for the hoists and cranes located at the City of Modesto Regional Water Recycling Facilities at the Sutter and Jennings campuses and off-site lift stations. Contractor must be able to perform inspections, certifications and repairs per California Occupational Safety and Health Administration (Cal- OSHA) standards and is responsible for all work and safety requirements at the job site. Bidder shall adhere to all State, City codes and laws and Cal-OSHA requirements, pertaining to the services described in this IFB document. https://www.dir.ca.gov/dosh/dosh1.html
Contractor shall provide written, “not to exceed,” estimates on all services. These estimates shall include number of hours, hourly rate, number and type of employees required, estimated material costs, markup cost, and completion date. All work for non-emergency repairs shall be performed during regular operating hours and per the regular rates.
Contractor shall respond to email or phone requests for estimates within 24 hours and provide written estimates within three business days of the original request date. It shall be the Contractor’s responsibility to ensure it has all information to prepare accurate estimates. No repair will be done without the written approval by the City’s representative.
Services shall include, but are not limited to:
• Annual inspection and certification of all designated hoists and cranes • Identification and documentation of any deficiencies or safety concerns • Performance of minor repairs and adjustments needed to achieve compliance • Submission of written inspection reports and certification documentation EQUIPMENT REQUIREMENTS:
Additional equipment will be required to perform the crane inspections. • TP2 UV building will require a scissor lift of at least 35 feet. (UV Building has a 12’ W x 10’ H roll up door.)
• TP1 & TP2 MBR crane(s) will require a 45-foot lift. (TP2 MBR location has an open bay door and can accommodate any lift.)
• TP2 shop crane will require a lift of at least 20 feet. (Shop door has a 12’ W x 14’ H roll up door.) • Lift Station cranes will require a lift of 20-25 feet.
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. #3..
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30 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.
LIST OF ALL EQUIPMENT
Location Area Equipment Description Capa
1 7007 Jennings Rd Tertiary Plant (TP) Bridge 5 Ton
2 7007 Jennings Rd Tertiary PHII MB1 Bridge 4 Ton
3 7007 Jennings Rd Tertiary PHII UV Bridge 2 Ton
4 7007 Jennings Rd Tertiary PHII MBR Bridge 2 Ton
5 1221 Sutter Ave CANSEG Pump Station FSJ 3 Ton
6 1221 Sutter Ave Shop Maintenance SGUH 2 Ton
7 1221 Sutter Ave Maintenance Shop Monorail 2 Ton
8 1221 Sutter Ave Cannery Pump St Monorail 3 Ton
9 1221 Sutter Ave Sump Area Monorail 2 Ton
10 1221 Sutter Ave Headworks SGUH 2 Ton
11 1221 Sutter Ave Bowen Lift Station - next to 217 Bowen Ave Monorail 1 Ton 12 1221 Sutter Ave Thousand Oaks - behind 1205 Edgebrook Dr Monorail 1 Ton 13 1221 Sutter Ave Thousand Oaks Monorail 1 Ton
14 1221 Sutter Ave Emerald Ave Lift Station Monorail 2 Ton #3..
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31 15 1221 Sutter Ave Scenic Lift Station Chain Hoist 2 Ton 16 1221 Sutter Ave Scenic Lift Station Electric Chain Hoist 2 Ton 17 1221 Sutter Ave Scenic Lift Station Election Chain Hoist 2 Ton 18 1221 Sutter Ave Shackelford Lift Station Monorail 2 Ton #3..
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32 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 “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ______ SERVICES as described in IFB ____-____, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT. e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $______. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $_____. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
[TBD - Insert Pricing Table Here]
2. 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” #3..
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33 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 #3..
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34 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 [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 #3..
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35 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 law’s 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 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.
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36 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
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:
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37 i. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; ii. 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.
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.
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. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
38 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. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
39 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. #3..
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
40 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 “B” and “C”, and only under the terms and conditions set forth herein.
28. INDEPENDENT CONTRACTOR; NOT AGENT
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
29. DRUG FREE WORKPLACE
CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
30. ASSIGNMENT
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
31. WAIVER
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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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
41 32. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
33. MISCELLANEOUS
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
34. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications 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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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
42 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 20___- _______, adopted by the Council of the City of Modesto on the ________ day of __________________, 20___ and _____________.has caused this Agreement to be duly executed.
CITY OF MODESTO
a municipal corporation
CONTRACTOR
By ________________________________ By ________________________________ JOSEPH P. LOPEZ
City Manager
(Signature)
By ________________________________
ATTEST: (Name & Title)
Date: _______________________________
By ________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
By ________________________________
JOSE M. SANCHEZ, City Attorney
By ________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
43 EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
44 The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Verification of Coverage
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INVITATION FOR BIDS # IFB-00101
CRANE AND HOIST REPAIR, MAINTENANCE, INSPECTION AND
CERTIFICATION SERVICES
45 Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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1 Exhibit D:
Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
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2 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Line Item Unit Cost
1 $129.00
2 $171.00
3 $1.50
Line Item Percentage
1 20.%
Line Item Location Area Equipment Description Capacity Hoist Manufacturer Hoist Serial # Model # Cost of
Inspection &
Certification
1 7007 Jennings Rd Tertiary Plant (TP) Bridge 5 Ton ACCO 532-20-13448 X2W0D036-15M2DO $650.00 2 7007 Jennings Rd Tertiary PHII MB1 Bridge 4 Ton Wright 23465-E 14633 $625.00 3 7007 Jennings Rd Tertiary PHII UV Bridge 2 Ton Speedway 531-23-05047 C1W02D025-20M2D1 $575.00 4 7007 Jennings Rd Tertiary PHII MBR Bridge 2 Ton Speedway 23456-B 14631 $575.00 5 1221 Sutter Ave CANSEG Pump Station FSJ 3 Ton Coffing EC1A413GN EC400083 $600.00 6 1221 Sutter Ave Shop Maintenance SGUH 2 Ton Demag 61371041 DKUN10.1000KVI $575.00 7 1221 Sutter Ave Maintenance Shop Monorail 2 Ton Coffing REC1-A-413-GN EC-4008-3 $525.00 8 1221 Sutter Ave Cannery Pump St Monorail 3 Ton Coffing EC3C-177-FW EC40083 $550.00 9 1221 Sutter Ave Sump Area Monorail 2 Ton Budgit 254810 11584720 $525.00 10 1221 Sutter Ave Headworks SGUH 2 Ton Crane Care SH1417YA S0L02020S14 $575.00 11 1221 Sutter Ave Bowen Lift Station - next to 217 Bowen Ave Monorail 1 Ton Dayton GJLA590TN 3Z926 $500.00 12 1221 Sutter Ave Thousand Oaks - behind 1205 Edgebrook DrMonorail 1 Ton Coffing NH9501 LHHIB $500.00 13 1221 Sutter Ave Thousand Oaks Monorail 1 Ton R & M 1743699501 DD-4-40 $525.00 14 1221 Sutter Ave Emerald Ave Lift Station Monorail 2 Ton Acco-Wright 532-20-14025 C2W02D060-22M2D1 $500.00 15 1221 Sutter Ave Scenic Lift Station Chain Hoist 2 Ton CM Loadstar 952177NT CYCLONE 2 TON 4626 $500.00 16 1221 Sutter Ave Scenic Lift Station Electric Chain Hoist 2 Ton CM Loadstar L2100VT R' $500.00 17 1221 Sutter Ave Scenic Lift Station Election Chain Hoist 2 Ton CM Loadstar LT1578VT 635MTR $500.00 18 1221 Sutter Ave Shackelford Lift Station Monorail 2 Ton Shaw-Box Series 800 80M020-040528-V $525.00 Exhibit E
Areco Building Construction, Inc.
IFB-00101 Pricng Schedule
Unit of Measure
Hour
Inspection and Certification Services
Hourly Rate - Regular Hours
Description
Maintenance & Repair Service Rates
Equipment Parts & Components Cost Mark-Up
Description
Equipment Parts & Components Cost Mark-Up
Mile
Hour
Percentage
Unit of Measure
Mileage
Hourly Rate - After Hours, Weekends and Holidays
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#1 Areco Building Construction Inc.
$10,126.50
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FINANCIAL INTEREST DISCLOSURE FORM
Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.
Proposer must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
Proposer shall identify any person with a financial interest in the Proposer by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-
10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
October 5, 2026
Date: September 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, Director of Utilities
SUBJECT: Agreement for Delivery of Nitrogen Gas for Wastewater Treatment CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider an Agreement for the Delivery of Nitrogen Gas for Wastewater Treatment with WestAir Gases & Equipment, Inc., San Diego, CA, for a total amount not to exceed $322,088, over five (5) years and forwarding to Council for approval. (Funding Source:
Sewer Operations Fund)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 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, Utilities Department, Wastewater Services Division, uses nitrogen gas as part of the treatment process. This gas is used to purge the headspace of the anaerobic digesters during both start-up and shutdown procedures at the City’s Regional Water Recycling Facility – Sutter Campus. Gas will be injected directly into the digester tanks via Compressed Gas Association (CGA) fixed head connection.
DISCUSSION:
The Wastewater Division would like to establish a new five (5) year Agreement for Nitrogen Gas Delivery Services. Revised Standard Operating Procedure requirements #4..
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Economic Development Committee, October 5, 2026
Agreement for Delivery of Nitrogen Gas for Wastewater Treatment