SLED Opportunity · CALIFORNIA · CITY OF MODESTO
AI Summary
The City of Modesto is soliciting bids for water storage tank inspection, cleaning, and repair services for its Utilities Department Water Division.
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 Water Storage Tank Inspection, Cleaning and Repair Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Water Division.
| IFB Issued: | February 24, 2026 |
| Questions Due via City's OpenGov Procurement portal: | March 3, 2026, 5:00pm |
| Addendum Issued (if required): | March 10, 2026 |
| Bid Due Date & Time: | April 14, 2026, 11:00am |
| Approximate Contract Award Date: | September 2026 |
AGREEMENT PRICING
[TBD - Insert Pricing Table Here]
The City of Modesto, Utilities Department, Water Division, is seeking a qualified contractor to provide Water Storage Tank Inspection, Cleaning and Repair Services on an “as needed basis”, as defined in these specifications.
The City operates and maintains twelve (12) above ground non-elevated potable water storage tanks. Each tank varies in size, holding from .225 million gallons (mg) to 6.0 million gallons of potable water. Each tank has an exterior ladder and a hatch on top of the tank in which to enter the tanks’ interior. Tank diving inspection, cleaning and repair shall be performed on each water storage tank on an “as needed basis”, scheduled by the Water Division.
Services performed shall consist of an initial inspection and verbal report of the interior of the tank. The removal of sediments (cleaning) inside the tank shall follow the initial inspection and shall include underwater closed-circuit video of the inspection and cleaning. After cleaning is completed, an underwater closed-circuit video inspection of the tank floor and interior coating shall be performed. All identified corrosive areas shall be repaired in accordance with AWWA standards (https://www.awwa.org/standards/). A closed-circuit video inspection of the exterior surface of the tank shall also be conducted.
Potable water storage tank locations as follows:
| Tank no. | Location | Tank Diameter | Tank Height | Storage Capacity | Exterior Ladder | Interior ladder |
| 3 | 701 Zeff Road, Modesto, CA | 95' | 25' | 1.3 mg | Yes | No |
| 4 | 3720 Aria Way, Modesto, CA | 95' | 25' | 1.3 mg | Yes | No |
| 5 | 2400 Merle Avenue, Modesto, CA | 95' | 25' | 1.3 mg | Yes | No |
| 6 | 1229 S. Carpenter Road, Modesto, CA | 115' | 25.5' | 2.0 mg | Yes | Yes |
| 7 | 1535 Plumas Avenue, Modesto, CA | 50' | 33.5' | 0.5 mg | Yes | Yes |
| 8 | 1218 Alamo Road, Modesto, CA | 80' | 25.5' | 1.0 mg | Yes | Yes |
| 9 | 8415 Yamamoto (Grayson), Modesto, CA | 42' | 19.5' | 0.225 mg | Yes | Yes |
| 10 | Corner of Girasol Way and Ironside Drive | 60' | 32' | 0.675 mg | Yes | Yes |
| 11 | 1105 Bangs Avenue, Modesto, CA | 200' | 31.5' | 6.0 mg | Yes | Yes |
| 12 | 2616 Elm Avenue, Modesto, CA | 180' | 27' | 4.0 mg | Yes | Yes |
| 13 | 525 Codoni Avenue, Modesto, CA | 180' | 31.5' | 4.0 mg | Yes | Yes |
| 14 | 718 Ladd road, Modesto, CA | 60' | 18' | 0.25 mg | Yes | Yes |
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.
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.
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, March 3, 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.
A. The tank inspection shall include the following items:
B. The Contractor shall provide a minimum of a 3-man crew for sediment removal. Filming the procedure with underwater videotape equipment shall be done while work is being conducted. State of the art video-taping equipment shall be used to allow viewing of the operation while topside. An inspection report for each tank shall be provided on USB Drive. All members of sediment removal crew shall possess and provide a Commercial Diver School certificate.
C. The sediment shall be removed using an external water pump and a diver controlled vacuum head over the entire floor area. The vacuum head shall be designed and used in a manner that ensures no scratches or pitting of the interior surface of the tank. Protective rubber gaskets or other means may be used to meet this requirement. The Contractor shall demonstrate to the satisfaction of the City’s Representative that the vacuum head shall cause no damage to the tank. The Contractor shall provide a verbal report on the thickness and type of silt on the reservoir floor. The estimated sediment depth is approximately two (2) inches or less.
D. All sediments removed shall be discharged on site into a disposable “dirt bag”(provided by the vendor), which is designed to capture the majority of the sediments (mostly sand). Alternatives, such as a temporary containment basin (“snake” type barrier system) for settling solids are acceptable, as long as the Contractor can demonstrate that the sediments are contained on site to the satisfaction of the City Representative.
E. The Contractor shall neutralize any chlorine residual in the wastewater that is generated during the tank cleaning. Ascorbic acid (vitamin C) shall be used to neutralize any chlorine residual in the discharged water. Alternative chemicals for chlorine neutralization may be acceptable but shall be approved by the City Representative prior to the commencement of the work. A flow calculation for the amount of water and sediments discharged shall be recorded for the tank cleaning.
F. Each tank has lines running from the bottom of the tank to an electric pressure transmitter that produces tank water level readings. Tanks 3, 4 and 5 also have mechanical level indicators on the exterior of each tank, mounted from two (2) cables tied to a float inside the tank.
G. The Contractor shall complete a detailed internal and external tank inspection, including the stamped engineer’s report, and submit the report to the City Representative. An Inspection report of the tank shall be done on USB Drive submitted to the City Representative. The inspection report shall include the following information:
H. The Contractor shall have access to tank sites Monday through Friday from 6:00 A.M. to 2:30 P.M., major holidays excluded. No work shall be performed outside of these hours. The Contractor shall at all times maintain a roll sheet of all employees and present this list to the City Representative. The City Representative shall approve access to the individual tanks.
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit B are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: _____________
All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.
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.
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.
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.
<Enter Contact Information Here>
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 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.
It shall be the responsibility of the Contractor to restore the grounds and structures to their original condition. The Contractor shall be responsible for the disposal of all materials used or generated during the performance of the work except where otherwise described in this IFB document.
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.
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: MONTH DD, 20___ through MONTH DD, 20___
Year 2: MONTH DD, 20___ through MONTH DD, 20___
Year 3: MONTH DD, 20___ through MONTH DD, 20___
Year 4: MONTH DD, 20___ through MONTH DD, 20___
Year 5: MONTH DD, 20___ through MONTH DD, 20___
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.
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.
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.
The City of Modesto shall be responsible for the following:
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.
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
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: APvendors@modestogov.com
At a minimum, invoices shall state the following:
Work under any resulting agreement shall be performed under the general technical guidance and direction of the City of Modesto's "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be affected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.
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.
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.
Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the materials to be used therein, including materials delivered to the work site, materials for which partial payment has been received, and materials that have been furnished by the City. The Contractor shall bear full risk of loss, injury or damage to any part of the work and materials by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore and make whole all loss or damage to any portion of the work or materials, before final acceptance and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government.
Suspension of work for any reasons whatsoever shall not relieve the Contractor of his/her responsibility for the work and materials as specified on the work request. The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor will take all measures necessary to protect adjacent natural areas from runoff, sedimentation, debris, or other damage resultant from the project activities.
The Contractor shall provide sufficient labor at all times to carry out the project properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this contract is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the contract.
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.
If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City job.
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.
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.
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Before the start of any job the Contractor shall provide the name and location of the place of business for each subcontractor that shall perform work or labor or render service to the Contractor. All subcontractors shall be licensed and or certified by the State of California and shall be held to the same standard as the Contractor.
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 City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance. Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
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.
Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work but shall give the Contractor no damages for such delay.
Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website: https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120.
Bidder represents that:
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
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.
The Contractor shall place barricades and/or safety ribbon as necessary to restrict access to the work areas. The Contractor shall be responsible for maintaining access control of the work areas from the time installation starts until the time the work site is returned to its pre-project condition, including paving and cleanup.
Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.
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
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).
CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
Prior to requesting a final inspection, the Contractor shall carefully cleanup and remove all surplus materials and/or debris of any type resulting from the Contractors’ work from the work site and shall dispose of all of the materials and debris in a proper manner. The work site shall be left clean and neat.
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.
The Contractor shall certify that any materials and debris removed from the site shall be disposed of in accordance with applicable Federal, State and local laws, regulations or ordinances. If requested by the City, The Contractor shall furnish proof of disposal.
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.
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.
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 BusinessLicense@modestogov.com. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the 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.
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.
No minimum or maximum is guaranteed or implied.
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.
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.
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.
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.
Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.
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.
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.
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.
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.
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit B, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
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. 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 | ||||
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.
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.
Bidder acknowledges that:
By checking the "please confirm" box below, you acknowledge the above statement.
Bidder Acknowledges that:
By checking the "please confirm" box below, you acknowledge the above statement.
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.
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.
Bidder Acknowledges:
By checking the "please confirm" box below, you acknowledge the above statement.
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 InControl@mastercard.com via email and will contain the following information:
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.
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.
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.
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 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.
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.
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.
Please select which of the following legal entity options under which the Bidder Company operates.
In which State is the Bidder Company registered?
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.
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
Please provide the full company website address for the Bidder Company.
Please provide the following information for the Contact person for this bid:
Please provide the Bidder Company's Federal Taxpayer Identification Number here.
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here.
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
For how long has the Bidder Company been in business? Please indicate in number of years.
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
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.
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
Please provide your State of California Contractor License Number (if available).
Please enter the current expiration date of your State of California Contractor's License (if available).
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available).
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number.
Please download the below documents, complete, and upload.
All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid.
By checking the "please confirm" box below, you acknowledge the above statement.
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications?
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
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.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB?
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
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.
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.
Which Division within the selected City Department owns this particular contract, project, or purchase?
NOTE: Do NOT use the word "Division" in your entry as that will automatically be filled in.
Do you wish to utilize the electronic pricing table available within OpenGov Procurement to obtain pricing/fees/costs for bids?
If you answer with a "No", the electronic pricing table will not be available for use and you will be required to format the Pricing Schedule Form in the Vendor Questionnaire (Bid Submittal) section of this IFB.
If you answer with a "Yes", the Pricing Schedule Form will not be used and pricing will need to be obtained within the electronic pricing table. You may also update the Vendor Questionnaire (Bid Submittal) section of this IFB to obtain a breakdown of pricing or some sort of supplemental pricing document if you wish.
Q (Truck and Trailer Access): Does a 4WD truck and 24' trailer have access to each reservoir within 50'?
A: Yes.
Q (Discharge): Is there a place for discharge on-site for each reservoir that is within 100'?
A: Yes.
Q (Diver Access): Is there a hatch that is at least 24" for diver access on each reservoir?
A: Yes.
Q (Tank or Clearwell Material): What are the reservoirs material? For example, steel, concrete, bolted, welded, etc.?
A: Tanks 11 and 13 are concrete. All others are welded steel.
Q (NACE 1 Diver): You stated that the inspector must be NACE 1 certified. Does that mean that the diver must be a NACE 1 Certified coating inspector.
A: Yes.
Q (Disposal of sediment bags): Per the spec, the sediment will be trapped into sediment bags. Typically, the bags are allowed to dry out and the owner disposes of them when they are easier to dispose of. Will the City dispose of the sediment bags?
A: Yes.
Q (Dichlorination): What is the dichlorination level to be to allow the water to exit the property. We have been involved with projects where the water has had to have been held in sediment tanks until the chlorine levels reach a level of almost zero residual costing the client a lot of money.
A: Below 1.0 ppm.
Q (OSHA 29): You quoted OSHA tile 8 under Diving operations. OSHA 29 1910 Subpart T is the updated version to the commercial dive industry. OSHA 29 states that all 3 members of the dive team are certified commercial divers, Will OSHA 29 1910 Subpart T be enforced as well.
A: B. The Contractor shall provide a minimum of a 3-man crew for sediment removal. Filming the procedure with underwater videotape equipment shall be done while work is being conducted. State of the art video-taping equipment shall be used to allow viewing of the operation while topside. An inspection report for each tank shall be provided on USB Drive. All members of sediment removal crew shall possess and provide a Commercial Diver School certificate
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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