Bid Notice-Water Storage Tank Inspection_ Cleaning and Repair Services.pdf

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Water Storage Tank Inspection, Cleaning and Repair Services Invitation For Bid

Utilities

06592, 12083, 19220, 93622, 96226

Project ID: IFB-00070RB

Release Date: Tuesday, June 30, 2026

Due Date: Tuesday, August 11, 2026 11:00am

Posted Tuesday, June 30, 2026 8:05am

All dates & times in Pacific Time

Draft Response No Bid

Time Remaining: 36 days, 20 hours, 6 minutes

To respond to this project, please click the "Draft Response" button above.

1. 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 Water Storage Tank Inspection, Cleaning and Repair Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Utilities 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, August 11, 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.

2. Instructions to Bidders

2.1. Calendar of Events

IFB Issued: June 30, 2026

Questions Due via City's OpenGov

Procurement portal:

July 7, 2026, 5:00pm

Sign Up Log In https://procurement.opengov.com/portal/modestogov https://procurement.opengov.com/

2.2. City Contact

2.3. Bidder Familiarity With Service Conditions

2.4. California Labor Code Section 1771.1(A)

2.5. Precedence

2.6. Submittal of No Bid

Addendum Issued (if required): July 14, 2026

Bid Due Date & Time: August 11, 2026, 11:00am

Approximate Contract Award Date: September 2026

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, July 7, 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.

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.

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.

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.

3. 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, August 11, 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/meetup-join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?

context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d

Call-In#: 1 469-998-7409

Conference ID: 961 656 049#

Should you have any questions regarding this, please do not hesitate to contact Armando Fabro.

4. General Bid Requirements

4.1. Bid Submittal

4.2. Confidential Bidder Information

4.3. Bidder Costs Incurred In Responding to IFB

4.4. Bidder Exceptions

4.5. City Acceptance/Rejection of Irregular Bids

4.6. Complete Bid Document

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 costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

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.

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 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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d

4.7. Compliance/Non-Compliance

4.8. Proposed Pricing Format

4.9. Award of Bid

4.10. Support of Local Vendors

4.11. Indemnity

Bidder Warranty Statements

Bidder Experience and Certifications

Subcontractor List (if applicable)

California Levine Act Disclosure

Prevailing Wage Form

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 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.

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/Business-License-Applications-and-Agreem.

Submit your signed W-9 using the City’s Vendor Registration 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 (pins@modestogov.com) 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.

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.

https://modestogov.com/2379/Business-License-Applications-and-Agreem

4.12. Prevailing Wage

4.13. Bidder Representation

4.14. Bid Protest and Appeal Procedures

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.

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:

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.

Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions

For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.

"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.

"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures

Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.

Subcontractors are not eligible to submit bid protests.

A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.

A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the

Announced Decision.

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

The protest shall be accompanied by a certified cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

The protest filed with the Director of Finance shall:

a. Include the name, address, email address and business telephone number of the protestor;

https://www.dir.ca.gov/ https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120

b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;

c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based;

d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

Bid Protests: A Bidder shall follow, in order, the following steps:

a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

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

City Clerk’s Office

Attn: Director of Finance

1010 Tenth St. Suite 6600

Modesto CA 95354

Or mailed to:

City Clerk’s Office

Attn: Director of Finance

PO Box 642

Modesto CA 95353

b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the

City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office

Attn: Deputy City Manager

1010 Tenth St. Suite 6600

Modesto CA 95354

Or mailed to:

City Clerk’s Office

Attn: Deputy City Manager

PO Box 642

Modesto CA 95353

c. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City

Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in

Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

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

City Clerk’s Office

Attn: City Council

1010 Tenth St. Suite 6600

Modesto CA 95354

Or mailed to:

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 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.

Initial Visual Inspection

5. 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.

Line Item Description Location Quantity Unit of Measure Price Per Service … Total

A1 Tank No. 3 701 Zeff Road, 1 Per Service

A2 Tank No. 4 3720 Aria Way, 1 Per Service

A3 Tank No. 5 2400 Merle

1 Per Service

A4 Tank No. 6 1229 S.

Plumas

1 Per Service

A5 Tank No. 7 1535 Plumas

1 Per Service

A6 Tank No. 8 1218 Alamo 1 Per Service

C olum ns

Sediment Removal

Internal/External Inspection & Report on USB

Road, A7 Tank No. 9 8415 Yamamoto

1 Per Service

A8 Tank No. 10 Corner of Girasol

1 Per Service

A9 Tank No. 11 1105 Bangs Ave, 1 Per Service

A10 Tank No. 12 2616 Elm Avenue, 1 Per Service

A11 Tank No. 13 525 Codoni

1 Per Service

A12 Tank No. 14 718 Ladd 1 Per Service

Total

Line Item Description Location Quantity Unit of Measure Price Per Service … Total

B1 Tank No. 3 701 Zeff Road, 1 Per Service

B2 Tank No. 4 3720 Aria Way, 1 Per Service

B3 Tank No. 5 2400 Merle

1 Per Service

B4 Tank No. 6 1229 S.

Carpenter

1 Per Service

B5 Tank No. 7 1535 Plumas

1 Per Service

B6 Tank No. 8 1218 Alamo Road, 1 Per Service

B7 Tank No. 9 8415 Yamamoto

1 Per Service

B8 Tank No. 10 Corner of Girasol

1 Per Service

B9 Tank No. 11 1105 Bangs Ave, 1 Per Service

B10 Tank No. 12 2616 Elm Avenue, 1 Per Service

B11 Tank No. 13 525 Codoni

1 Per Service

B12 Tank No. 14 718 Ladd 1 Per Service

Total

C olum ns

Line Item Description Location Quantity Unit of Measure Unit Cost Total

C1 Tank No. 3 701 Zeff Road, 1 Per Service

C2 Tank No. 4 3720 Aria Way, 1 Per Service

C3 Tank No. 5 2400 Merle

1 Per Service

C4 Tank No. 6 1229 S.

Carpenter

1 Per Service

C5 Tank No. 7 1535 Plumas

1 Per Service

C6 Tank No. 8 1218 Alamo Road, 1 Per Service

C7 Tank No. 9 8415 Yamamoto

1 Per Service

C8 T k N 10 C f 1 P S i

C olum ns

Additional Services

C8 Tank No. 10 Corner of Girasol

1 Per Service

C9 Tank No. 11 1105 Bangs Ave, 1 Per Service

C10 Tank No. 12 2616 Elm Ave, 1 Per Service

C11 Tank No. 13 525 Codoni

1 Per Service

C12 Tank No. 14 718 Ladd 1 Per Service

Total

Line Item Description Quantity Unit of Measure Price Per Service … Total

D1 Touch-up and Corrosive Repair Work 1 Per Service

Total

C olum ns

6. Bid Submittal

1. Acknowledgements

1.1. 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.

*Response required

1.2. 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.

*Response required

1.3. 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.

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

*Response required

1.4. Award*

Bidder Acknowledges that:

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.

Please confirm

Please confirm

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.

*Response required

1.5. 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.

*Response required

1.6. 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.

*Response required

1.7. 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.

*Response required

1.8. 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 InControl@mastercard.com via email and will contain the following information:

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

Option B – Manual Check:

Please confirm

Please confirm

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

1.9. Did you choose the Payment Term - Option A - ePay?*

Yes

No

*Response required

When equals "Yes"

1.9.1. Please enter the preferred email address to set up ePay.*

Enter response

*Response required

1.10. 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.

*Response required

1.11. 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.

*Response required

1.12. 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.

*Response required

2. Bidder Company Information

2.1. 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.

Enter response

*Response required

2.2. 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.

Enter response

*Response required

2.3. Type of Legal Entity*

Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship?

Please confirm

If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question.

Yes

No

*Response required

When equals "Yes"

2.3.1. 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"

2.3.2. Legal Entity State of Registration*

In which State is the Bidder Company registered?

Enter response

*Response required

When equals "No"

2.3.3. 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.

Enter response

*Response required

2.4. 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

Enter response

*Response required

2.5. Bidder Company Website Address*

Please provide the full company website address for the Bidder Company.

Enter response

*Response required

2.6. 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

Enter response

*Response required

2.7. Federal Taxpayer Identification Number (TIN)*

Please provide the Bidder Company's Federal Taxpayer Identification Number here.

Enter response

*Response required

2.8. Duns & Bradstreet (DUNS) Number

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

Enter response

2.9. 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

Enter response

*Response required

2.10. Years in Business*

For how long has the Bidder Company been in business? Please indicate in number of years.

Enter response

*Response required

2.11. Closest Bidder Office*

Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:

Full Street Address City State Country Postal Code

Enter response

*Response required

2.12. 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"

2.12.1. 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.

Enter response

*Response required

2.13. State of California Contractor License Number*

Please provide your State of California Contractor License Number.

Enter information

*Response required

2.14. Contractor License Expiration Date*

Please enter the current expiration date of your State of California Contractor's License.

Enter response

*Response required

2.15. DIR Registration Number*

Please provide your State of California Department of Industrial Relations (DIR) Registration Number.

Enter information

*Response required

2.16. DIR Registration Expiration Date*

Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number.

Enter response

*Response required

3. City Forms

3.1. 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"

3.1.1. Bidder Exceptions, Clarifications, Amendments*

Please download the below documents, complete, and upload.

Bidder_Exceptions,_Clarifications,_Amendments.docx

*Response required

3.2. Bidder Customer References*

Please download the below documents, complete, and upload.

Bidder_Customer_References.pdf

*Response required

3.3. Financial Interest Disclosure*

Please download the below documents, complete, and upload.

Financial_Interest_Disclosure__IFB.pdf

*Response required

3.4. Local Vendor?*

Is the Bidder a local vendor as defined by the following requirement?

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

Yes

No

*Response required

When equals "Yes"

3.4.1. Support of Local Vendors*

Please download the below documents, complete, and upload.

Support_of_Local_Vendors.pdf

*Response required

3.5. Bidder Company History Statement*

Please download the below documents, complete, and upload.

Bidder_Company_History_Statement.pdf

*Response required

3.6. Bidder Warranty Statements*

Please download the below documents, complete, and upload.

Bidder_Warranty_Statements.pdf

*Response required

3.7. Bidder Experience and Certifications*

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