Cities Index.
Agenda packet

Finance Committee
April 27, 2026

Document
Agenda packet
Meeting
April 27, 2026
Body
Finance Committee
Pages
18
Original file
176.9 MB
Text extracted from the city's file for reading and search. Open the original on agenda2.modestogov.com. That file is the official record.

On June 23, 2020, under Resolution 2020-262, approving the Award of Bid and Agreement for Document Storage Services to Pacific Storage Company, Modesto, CA for a two (2) year agreement with three (3) one-year extension options, for an annual estimated cost of $55,000 and a total amount not to exceed $275,000 over five (5) years.

On June 12, 2024, the City Manager approved a First Amendment with Pacific Storage Company to execute the one-year extension to the termination date to June 30, 2025.

On May 29, 2025, the City Manager approved a Second Amendment with Pacific Storage Company to execute an extension to the termination date to June 30, 2026, which is the current termination date for this Agreement.

DISCUSSION:

On April 30, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for Document Storage Services. On May 21, 2025, the Purchasing Division issued Invitation for Bids (IFB)-00024 for the furnishing of Document Storage Services on the City’s OpenGov public bidding website under various commodity codes.1 Due to clarification on the pricing schedule, the Purchasing Division rejected the bids to capture more detail on the pricing schedule for the new bid. On November 12, 2025, the Purchasing Division re-issued Invitation for Bids (IFB)-00024RB for the furnishing of Document Storage Services on the City’s OpenGov public bidding website under the same commodity codes. 384 Prospective bidders were notified online which included two (2) local vendors. Two (2) companies downloaded the IFB document from OpenGov.

On December 9, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two (2) chose to respond, there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City staff recommended to award for the furnishing of Document Storage Services to Pacific Storage Company, Modesto, CA for a two (2) year agreement with (3) three oneyear extension options, for an estimated annual amount of $61,698 and a total amount not to exceed $330,805 over five (5) years.

Modesto Municipal Section 8-3.203 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 for the furnishing of Document Storage Services to Pacific Storage Company, Modesto, CA. 1 42553 – Lockers, Storage (For Coats, Hats and Baggage) (includes Foot Locker Type), 96295 – Warehousing and Storage Services (Not Storage Space Rental) (includes Farm Product Storage in Silos and Grain Elevators), 97170 – Storage Space, Rental or Lease
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Finance Committee, April 27, 2026
Document Storage Services Agreement

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FISCAL IMPACT:

Sufficient funds are budgeted for Fiscal Year 2025-26 for this service as part of each City department’s budget. For future years, the departments will continue to budget for this service needed. Below is the spending history with the current agreement with Pacific Storage Company.

Below is the breakdown of the Proposed new Agreement and Funding Source funding the five (5) year Agreement.

Agreement
Period
Amount
Year 1 $61,698
Year 2 $61,698
Year 3 $65,277
Year 4 $69,063
Year 5 $73,069
Total $330,805
Agreement Period Amount
Year 1 $ 32,322
Year 2 $ 19,431
Year 3 $ 23,750
Year 4 $ 28,695
Year 5 $ 30,566
Year 6 $ 24,097
Total $ 158,861
Fund Description Agreement Amount
General Fund $ 166,764
Housing Fund $ 27,336
Capital Improvement Fund $ 28,231
Surface Transportation Fund $ 2,884
Infrastructure Financing Program Administration $ 9,063 Water Fund $ 23,766
Wastewater Fund $ 15,461
Solid Waste Fund $ 14,774
Green Waste Fund $ 1,986
Insurance Administration Fund $ 27,853
Insurance - Workers Compensation Fund $ 59
Fleet Fund $ 299
Employee Benefits Fund $ 12,329
Total $ 330,805
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Finance Committee, April 27, 2026
Document Storage Services Agreement

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The overall agreement total was calculated by forecasting Consumer Price Index (CPI)2 percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.

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 Document Storage Services to Pacific Storage Company, Modesto, CA for two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $66,161 and a total combined amount not to exceed $330,805 over five (5) years and forwarding to Council for approval.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Agreement – Pacific Storage Company

2. Exhibit B– IFB Response – Pacific Storage

3. Exhibit C - IFB

4. Exhibit D – Insurance

5. Exhibit E - Pricing
2 https://www.bls.gov/regions/west/news-release/consumerpriceindex_west.htm #2..
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1 ANNUAL AGREEMENT FOR
DOCUMENT STORAGE SERVICES – AGREEMENT #322465
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 Pacific Storage Company, a California corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the furnishing of Document Storage Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Document Storage Services as described in IFB-00024RB, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:

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

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

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

E. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $61,698. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $330,805. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit "B".

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

2. CITY REPRESENTATIVE:

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

3. CONTRACTOR CONTACT:

Archie Strauman
(209) 320-6600
[email protected]

4. TERM OF AGREEMENT:

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

Year 1: July 1, 2026 through June 30, 2027
Year 2: July 1, 2027 through June 30, 2028
Year 3: July 1, 2028 through June 30, 2029
Year 4: July 1, 2029 through June 30, 2030
Year 5: July 1, 2030 through June 30, 2031
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be #2..
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3 submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

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

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

5. INSURANCE REQUIREMENTS:

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

6. PAYMENT:

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

The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 322465
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

7. INDEMNITY:

The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, #2..
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4 judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

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

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

9. ATTORNEY'S FEES:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:

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

A. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.2026 - _______;
C. CONTRACTOR Bid submittal;
D. IFB-00024RB;
E. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

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

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

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

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

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

K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; #2..
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6 L. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

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

13. FAILURE TO PERFORM SATISFACTORY WORK:

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

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

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

14. ASSIGNMENT OF RIGHTS:

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

15. CITY PROCESS/PROCEDURE APPROVALS:

CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein. #2..
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7 16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

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

17. NOTICES:

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

CONTRACTOR: Pacific Storage Company
Attention: Archie Strauman
3439 Brookside Rd Suite 206
Stockton, CA 95201
(209) 320-6600
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Carol Wattle
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

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

19. QUANTITIES:

No minimum or maximum is guaranteed or implied.

20. FUNDING:

All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress. #2..
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8 21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

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

22. NON-DISCRIMINATION:

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

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

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

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

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

E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof. #2..
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9 23. CONTRACTOR LICENSES & PERMITS:

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

24. RECORDS:

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

25. FACILITIES AND EQUIPMENT:

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

26. INDEPENDENT CONTRACTOR; NOT AGENT:

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

27. DRUG FREE WORKPLACE:

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

28. ASSIGNMENT:

Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance. #2..
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10 29. WAIVER:

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

30. HEADINGS NOT CONTROLLING:

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

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

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

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

33. PARTIAL INVALIDITY:

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

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2026 - _______, adopted by the Council of the City of Modesto on the 12th day of May, 2026 and Pacific Storage Company has caused this Agreement to be duly executed. #2..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
RESPONSE DEADLINE: December 9, 2025 at 11:00 am
Report Generated: Friday, March 6, 2026
Pacific Storage Company Response

CONTACT INFORMATION
Company:

Pacific Storage Company
Email:
[email protected]
Contact:

Cara Van De Grift
Address:
3439 Brookside Rd
Suite 206
STOCKTON, CA 95201
Phone:

N/A
Website:
www.pacificstorage.com
Submission Date:

Dec 4, 2025 3:07 PM (Pacific Time)
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

Page 2 ends

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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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

Page 3 ends

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. #2..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

Page 4 ends

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 #2..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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

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

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

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

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

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

This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment through your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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

Option B – Manual Check:

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

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

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

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

Confirmed
NO GUARANTEE OR WARRANTY*
Pass
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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Bidder Acknowledges that:

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

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

Confirmed
MINOR IRREGULARITIES*
Pass
Bidder Acknowledges that:

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

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

Confirmed

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

PACIFIC STORAGE COMPANY
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Pass
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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

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

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

Corporation
LEGAL ENTITY STATE OF REGISTRATION*
Pass
In which State is the Bidder Company registered?
California
BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
3439 Brookside Drive
Stockton
California
USA
95219
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company. www.pacificstoragecompany.com
CONTACT PERSON DETAILS*
Pass
Please provide the following information for the Contact person for this bid:
• Name
• Title
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
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• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
Archie Strauman
Vice President
209-320-6600
P.O. Box 334 Stockton, Ca. 95201
209-465-9533
[email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 94-0745450

DUNS & BRADSTREET (DUNS) NUMBER
Pass
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here. 484210
BIDDER OFFICER NAMES AND TITLES*
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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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
A. Richard Steed / Sr. Vice President
B. Archie Strauman / Vice President
C. Peter Foy / Vice President
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 175
CLOSEST BIDDER OFFICE*
Pass
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
• City
• State
• Country
• Postal Code
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
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820 Business Park Drive
Modesto
California
USA
95354
CITY OF MODESTO BUSINESS LICENSE*
Pass
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.

Yes
CITY OF MODESTO BUSINESS LICENSE NUMBER*
Pass
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
0042911

3. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Pass
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? #2..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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Yes
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Pass
Please download the below documents, complete, and upload. • Bidder_Exceptions,_Clarific...

Bidder_Exceptions,_Clarifications,_Amendments.pdf
BIDDER CUSTOMER REFERENCES*
Pass
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Business_Reference_List_2025.pdf
FINANCIAL INTEREST DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...

Financial_Interest_Disclosure__IFB_(4)_Sept_2025_(1).pdf LOCAL VENDOR?*
Pass
Is the Bidder a local vendor as defined by the following requirement? #2..
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
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To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

Yes
SUPPORT OF LOCAL VENDORS*
Pass
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
Support_of_Local_Vendors_(5).pdf
BIDDER COMPANY HISTORY STATEMENT*
Pass
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...

Bidder_Company_History_Statement_3.5_Modesto.pdf
BIDDER WARRANTY STATEMENTS*
Pass
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Bidder_Warranty_Statements_(3)_(2).pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Pass
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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

Bidder_Exceptions,_Clarifications,_Amendments.docx
CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...

Modesto_Levine_Act_Statement_Form_(3).pdf

4. Additional Bid Information
PROVIDE A DETAILED DESCRIPTION OF YOUR COMPANY’S INVENTORY TRACKING SYSTEM, ITS SECURITY LEVELS, AND SERVICE CAPABILITIES, WITH PRICING, IN YOUR BID RESPONSE. *
Pass
Modesto_Customer_Handbook_.pdf

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.

No response submitted
SUBMITTAL CONFIRMATION*
Pass
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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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

CARTON/BOX/CASE SIZE
Line Item Description Estimated
Quantity
Unit of
Measure
Monthly Rate Total
1 Standard Carton 15 x 12 x 10 3,500 per cubic
feet
$0.25 $875.00
2 Legal Size Carton 24x15x10 250 per cubic
feet
$0.50 $125.00
3 Planner/Blueprint box 150 per cubic
feet
$0.75 $112.50
4 Microfilm/tapes/disks/video/cassette/large planners/blueprint box 8 x 8 x 42 50 per cubic feet
$1.50 $75.00
5 Check Cases 7 x 5 x 18 50 per cubic
feet
$0.25 $12.50
TOTAL $1,200.00

TRANSPORTATION SERVICES
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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Line Item Description Estimated
Quantity
Unit of
Measure
Cost Total
1 Standard Pick-up or Delivery (next business day service) 1 per file $4.00 $4.00 2 Minimum Delivery Charge/Pickup 1 per trip $25.00 $25.00 3 Rush Delivery (Same Day Service) 1 surcharge $45.00 $45.00 4 Expedite Delivery (within a 2 Hour delivery) 1 surcharge $95.00 $95.00 5 Fuel Surcharge 1 per trip $5.00 $5.00
TOTAL $174.00

ADDITIONAL SERVICES
Line Item Description Estimated
Quantity
Unit of
Measure
Cost Total
1 Carton Pick-up/Delivery 1 EA $4.00 $4.00
2 Permanent Removal 1 EA $10.00 $10.00
3 Carton Destruction 1 EA $7.00 $7.00
4 Cartons Refiled 1 EA $4.00 $4.00
5 File Pick-up/Delivery 1 EA $4.00 $4.00
6 Files Pulled up for Delivery 1 EA $4.00 $4.00
7 New Cartons Added 1 EA $4.00 $4.00
8 Pull Boxes for Delivery 1 EA $4.00 $4.00
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[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
IFB No. IFB-00024RB
Document Storage Services
[PACIFIC STORAGE COMPANY] RESPONSE DOCUMENT REPORT
Invitation For Bid - Document Storage Services

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Line Item Description Estimated
Quantity
Unit of
Measure
Cost Total
9 Pull Files for Customer Pick-Up 1 EA $4.00 $4.00
10 Refiles 1 EA $4.00 $4.00
11 Inventory Tracking 1 Monthly $0.00 $0.00
12 Reporting Services 1 Monthly $0.00 $0.00
13 Transition of Documents from Current Vendor (apprx. 4,000 cartons) 1 One-time Charge
$0.00 $0.00
TOTAL $49.00
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BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive.

Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response. Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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Business Reference List.

Company Name: Bank of Stockton
Address: PO Box 1110
City, State, Zip Code: Stockton, Ca. 95201
Contact Person: Johnathan Klipfel
Email Address: [email protected]
Telephone Number: 209-929-1232
Type of Business: Financial Institute
Date of Service: 01/2016
Annual Contract
Value
$ 22,920.00
Company Name: Stanislaus Superior Court
Address: 800 11th Street
City, State, Zip Code Modesto, Ca. 95354
Contact Person: Brandi Christensen
Email Address: [email protected]
Telephone Number: 209-530-3112
Type of Business: Government
Date of Service: 2015
Annual Contract
Value
$3000.00
Company Name: Downey Brand
Address: 3425 Brookside Rd Suite A,
City, State, Zip Code Stockton, Ca. 95219
Contact Person: Cindy Snook
Email Address: [email protected]
Telephone Number: 209-472-3962
Type of Business: Law Firm
Date of Service: 2000
Annual contract
Value
$6500
Company Name: Yosemite Community College
Address: 2201 Blue Gum Ave
City, State, Zip Code Modesto, Ca. 95356
Contact Person: Lori Williams
Email Address: [email protected]
Telephone Number: 209-575-6521
Type of Business: Education
Date of Service: 2017
Annual Contract
Value
$6900
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FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

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

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

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

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

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application. #2..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

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

Bidder Company Name:

Name of Bidder Signatory:

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

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

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

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

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

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

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

City of Modesto Business License Number:

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

Print/Type Name:

Title:

Signature:

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

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

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

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

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

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

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

Insert Bidder Warranty Statement Beginning Here:
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BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive.

Therefore, if no exceptions, clarifications or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.

Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response. Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.

Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

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

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

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

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

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

_____________________________
Company/Applicant Name
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CUSTOMER HANDBOOK

AN EASY TO USE REFERENCE GUIDE
This New Customer Handbook is the property of Pacific Records Management. Because it contains confidential information proprietary to Pacific Records Management, no copies may be made of the contents herein nor should the contents be disclosed to anyone outside of your company without permission from an officer of Pacific Records Management.
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2 Table of Contents
Preparing New Boxes...........................................................................................3 Cartons.......................................................................................................3 Barcode labels............................................................................................3 Packing Guidelines....................................................................................4 Inventorying...............................................................................................4 How to order boxes or files for pick up or delivery...........................................5 Email ..........................................................................................................5 Fax..............................................................................................................5 Internet .......................................................................................................5 Phone..........................................................................................................5 Levels of Delivery Service........................................................................5 Container/File Reports..........................................................................................6 General Pacific Records Management Information ..........................................7 #2..
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3 How to Prepare New Boxes going into the PRM System
Cartons:

We strongly recommend you use standard record cartons (10" high, 12" wide and 15" deep).

They were developed specifically for records, because they can easily fit letter-sized files, legal-sized files, and computer reports (if you place them face down). They are also easy to transport and carry.

Pacific Records Management sells a sturdy records carton and will deliver them (lids included) to your desk.

If you have existing records boxed up in any odd-sized carton, we will accept them as long as the cartons are in good condition and sturdy enough so they will hold together over time. If boxes are damaged or inadequate, the contents will need to be re-boxed. Pacific Records Management will perform this service for you upon request.

If you need an odd-sized carton for a specific purpose, please call us. We work with several box manufacturers, and can usually find cartons that will meet most any need. (There is often a minimum order size for odd-sized cartons.)
Bar Code Labels:

Pacific Records Management provides you with bar code labels free of charge upon request.

Please place a Pacific Records Management bar code label on the front of each container (where the hand holes are). Make sure not to place the label so high that it gets covered by the lid.

Packing Guidelines:
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4 We strongly recommend that you do not put hanging (Pendaflex) files in your boxes. They are expensive and should be re-used. They also tear down the carton over time, so that the contents must eventually be re-boxed.

Please do not overpack your cartons. When boxes are over-stuffed, they tend to degrade quickly and fall apart. The lid must fit flat on the top of the carton, with no hump.

Inventorying:

It is important that any new boxes that come into the PRM system be inventoried and barcoded prior to pick up. Your company may use any inventory tracking system you would like. If these forms are provided back to PRM in a hard copy format a copy will be stored in your file for back up.

PRM will be happy to perform the inventory process for your organization down to the box or file level for additional fees.

How to order boxes or files for pick up or delivery
There are several different ways to order files for pickup and delivery. You can order these services in the following manners:

Internet:

The most efficient method to manage your inventory is through our Web interface called RSWEB. With RSWeb, you have control over your own stored records – even though they are stored off-site. RSWeb allows you to access your record center's RS-SQL® database and perform many tasks yourself, eliminating telephone calls and miscommunications. Through RSWeb and your Internet connection, you can order services, check the status of your orders, and update the information associated with your stored items.

Contact us for your User ID and password.

Email:

When ordering services by email please email [email protected] and let us know the services you would like. We will need the barcode information.

Fax:

When ordering services by fax, please utilize the attached referenced form and fax to (209) 546-7758 and let us know the services you would like. We will need the barcode information. #2..
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5 Levels of Delivery/Pick up Service:

Standard Service Next business day delivery or pick up
Rush Service Same day service during standard working hours if ordered by 11:00 am. 5 items per order maximum
Expedite Service 2 hour. service during standard working hours if ordered by 3:00 pm. 5 items per order maximum
Container/File Reports
Our RS-SQL System can provide at least 15 different types of standard reports, and has the capability to generate custom reports as well. We can print reports on paper, provide them in email, or on CD
Some of the standard reports available include:

Total Box Inventory in Bar Code Order
Total Box Inventory in Customer Number Order
All Containers Currently Out of the Warehouse
All Containers Scheduled for Destruction (for any period) Containers Added (for any period)
Containers Retrieved (for any period)
Containers Refiled (for any period)
Containers Permanently Removed (for any period)
Containers Destroyed (for any period)
All Files on the System
All Files Currently Out of the Warehouse
Files Added (for any period)
Files Retrieved (for any period)
Files Refiled (for any period)
Files Permanently Removed (for any period)
Files Destroyed (for any period)
Our Custom Report Generator can take the data in our system and present and sort it with complete flexibility. If you are not sure if we can provide a particular report, please ask. #2..
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6 General Pacific Records Management Information
Office Hours Pacific Records Management's order desk is open Monday through Friday from 8:00AM to 5:00PM.

Phone/Fax Numbers Phone: (209-) 320-7771
Fax: (209) 546-7758
Website www.pacific-records.com
Email Address Records Request: [email protected] Archie Strauman: [email protected]
Location 820 Business Park Drive
Modesto, CA 95354
Stockton Contact
Justine Brown Records Admin- Front Desk
Tessa Marcelo Scanning Admin- Front Desk
Archie Strauman Records / Operations Manager
Affiliations ARMA (Assoc. of Records Managers & Administrators) PRISM (Professional Records Information Services Mgt.)
Fresno Chamber of Commerce
U. S. Chamber of Commerce
NAID (National Association for Information Destruction) #2..
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00024RB
FOR

DOCUMENT STORAGE SERVICES
BIDS DUE: December 9, 2025 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
2 Table Of Contents

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

VIRTUAL BID OPENING

GENERAL BID REQUIREMENTS

PRICING SCHEDULE

BID SUBMITTAL

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE
EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE 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 Document Storage Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Finance Department, Purchasing Division.

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

Each Bid shall be submitted electronically through the City's OpenGov Procurement portal prior to 11:00 am on Tuesday, December 9, 2025, after which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

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

Bids received in any other format will not be accepted. The City of Modesto assumes no responsibility for delay in the upload of documents or final submittal of the Bid. #2..
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: November 12, 2025
Questions Due via City's OpenGov
Procurement portal:

November 19, 2025, 12:00am
Addendum Issued (if required): November 25, 2025
Bid Due Date & Time: December 9, 2025, 11:00am
Approximate Contract Award: June 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 12:00 am on Wednesday, November 19, 2025. The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

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

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-00024RB

DOCUMENT STORAGE SERVICES
5 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 am (Pacific Time) on Tuesday, December 9, 2025. The City Clerk Record of Proposal document should be available on the City's OpenGov Procurement portal by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link provided below. By submitting your Bid for the above-stated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Call-In#: 1 469-998-7409
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Armando Fabro. #2..
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
6 GENERAL BID REQUIREMENTS

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

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

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

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

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

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

Failure to furnish any of these documents or information required within such documents may result in disqualification of Proposer.
• Pricing Schedule
• Bidder Exceptions, Clarifications, Amendments (if applicable) • Bidder Customer References
• Financial Interest Disclosure
• Support of Local Vendors (if applicable)
• Bidder Company History Statement
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
7 • Bidder Warranty Statements
• Bidder Experience and Certifications
• California Levine Act Disclosure

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

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

AWARD OF BID
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements. • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
8 SUPPORT OF LOCAL VENDORS
Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

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

BIDDER REPRESENTATION
Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work.
• Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.
• Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith.
• Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein. #2..
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
9 BID PROTEST AND APPEAL PROCEDURES
Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

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

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
• The protest shall be accompanied by a certified cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review. • The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor; b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based;
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
10 d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

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

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

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

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
11 Or mailed to:

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

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

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

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

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

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
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INVITATION FOR BIDS # IFB-00024RB

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

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
e. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #2..
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INVITATION FOR BIDS # IFB-00024RB

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

ESTIMATED ANNUAL QTY x UNIT PRICE= TOTAL
**In case of discrepancy between a unit price and an total price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.**

CARTON/BOX/CASE SIZE
Line
Item
Description Estimated
Quantity
Unit of
Measure
Monthly
Rate
Total
1 Standard Carton 15 x 12 x 10 3,500 per cubic
feet
2 Legal Size Carton 24x15x10 250 per cubic
feet
3 Planner/Blueprint box 150 per cubic
feet
4 Microfilm/tapes/disks/video/cassette/large
planners/blueprint box 8 x 8 x 42
50 per cubic
feet
5 Check Cases 7 x 5 x 18 50 per cubic
feet
TOTAL

TRANSPORTATION SERVICES
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
14 Line Item Description Estimated
Quantity
Unit of
Measure
Cost Total
1 Standard Pick-up or Delivery (next
business day service)
1 per file
2 Minimum Delivery Charge/Pickup 1 per trip
3 Rush Delivery (Same Day Service) 1 surcharge
4 Expedite Delivery (within a 2 Hour
delivery)
1 surcharge
5 Fuel Surcharge 1 per trip
TOTAL

ADDITIONAL SERVICES
Line Item Description Estimated
Quantity
Unit of
Measure
Cost Total
1 Carton Pick-up/Delivery 1 EA
2 Permanent Removal 1 EA
3 Carton Destruction 1 EA
4 Cartons Refiled 1 EA
5 File Pick-up/Delivery 1 EA
6 Files Pulled up for Delivery 1 EA
7 New Cartons Added 1 EA
8 Pull Boxes for Delivery 1 EA
9 Pull Files for Customer Pick-Up 1 EA
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
15 Line Item Description Estimated
Quantity
Unit of
Measure
Cost Total
10 Refiles 1 EA
11 Inventory Tracking 1 Monthly
12 Reporting Services 1 Monthly
13 Transition of Documents from
Current Vendor (apprx. 4,000
cartons)
1 One-time
Charge
TOTAL
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INVITATION FOR BIDS # IFB-00024RB

DOCUMENT STORAGE SERVICES
16 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-00024RB

DOCUMENT STORAGE SERVICES
17 By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
AWARD*
Bidder Acknowledges that:

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

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

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

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

Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.

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

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

By checking the "please confirm" box below, you acknowledge the above statement. #2..
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18 ☐ 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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19 • Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.

Option B – Manual Check:

On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff. ☐ Option A (Preferred)
☐ Option B
*Response required
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Bidder Acknowledges:

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

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

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

By checking the "please confirm" box below, you acknowledge the above statement. #2..
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20 ☐ Please confirm
*Response required
MINOR IRREGULARITIES*
Bidder Acknowledges that:

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

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

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

NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.
*Response required
TYPE OF LEGAL ENTITY*
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question. ☐ Yes
☐ No
*Response required
When equals "Yes"
TYPE OF LEGAL ENTITY - SELECT*
Please select which of the following legal entity options under which the Bidder Company operates. #2..
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21 ☐ Corporation
☐ Limited Liability Company
☐ Partnership
☐ Sole Proprietorship
*Response required
When equals "Yes"
LEGAL ENTITY STATE OF REGISTRATION*
In which State is the Bidder Company registered?
*Response required
When equals "No"
TYPE OF LEGAL ENTITY - OTHER*
You have indicated that the Bidder Company does not operate as a Corporation, a Limited Liability Company, a Partnership, or as a Sole Proprietorship. Please explain and be sure to note which State the Bidder Company is registered/established.
*Response required
BIDDER COMPANY HEADQUARTERS ADDRESS*
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
*Response required
BIDDER COMPANY WEBSITE ADDRESS*
Please provide the full company website address for the Bidder Company. *Response required
CONTACT PERSON DETAILS*
Please provide the following information for the Contact person for this bid:
• Name
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22 • Title
• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
*Response required
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Please provide the Bidder Company's Federal Taxpayer Identification Number here. *Response required

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

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

CITY FORMS
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications?
☐ Yes
☐ No
*Response required
When equals "Yes"
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Please download the below documents, complete, and upload. • Bidder_Exceptions,_Clarific...
*Response required
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
*Response required
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24 FINANCIAL INTEREST DISCLOSURE*
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
*Response required
LOCAL VENDOR?*
Is the Bidder a local vendor as defined by the following requirement? To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
☐ Yes
☐ No
*Response required
When equals "Yes"
SUPPORT OF LOCAL VENDORS*
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
*Response required
BIDDER COMPANY HISTORY STATEMENT*
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
*Response required
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
*Response required
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
*Response required
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25 CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required

ADDITIONAL BID INFORMATION
PROVIDE A DETAILED DESCRIPTION OF YOUR COMPANY’S INVENTORY TRACKING SYSTEM,

ITS SECURITY LEVELS, AND SERVICE CAPABILITIES, WITH PRICING, IN YOUR BID RESPONSE. *
*Response required

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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26 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

BACKGROUND
The City of Modesto must complete a formal bidding process to secure off-site storage for its documents. The selected Contractor should have the capacity to store approximately 4,000 boxes at the onset of the agreement.

The City intends to add more boxes to the Contractor's facility during the agreement period as defined in the City Records Retention Policy. The Contractor must accommodate the additional boxes at the rates offered for the agreement term.

SCOPE OF WORK
The City of Modesto is soliciting bids from companies who provide record storage, retention, and retrieval in order to provide off-site document storage and related services for all City departments. The City’s business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays. As of March 2020, these departments had a combined total approximately 4,000 boxes that will require storage. Additional boxes are anticipated to be added to storage. The majority of the boxes currently stored are standard letter/legal file boxes (15” L x 12” W x 10” H), which are 1.2 cubic feet. Other boxes may include legal size transfer boxes (24” L x 15” W x 10” H, 2.08 cubic feet), planner/blueprint boxes (4” x 4” x 42”), microfilm/tapes/disks/video/cassette storage, large planner/blueprint boxes (8” x 8” x 42”) and check cases (7" x 5" x 18").

A. Record Storage
The Contractor must provide secure off-site storage for City documents and be able to provide enough physical storage capacity for approximately 4,000 boxes at the initiation of the agreement. The City intends to add more boxes to the Contractor's facility during the agreement period. The Contractor must accommodate the additional boxes at the rates offered for the agreement term.

The Contractor must store the City’s boxes and/or files at a single secure facility located within 30 miles of Modesto, CA.

B. Record Pickup and Delivery
The Contractor shall accept and respond to pickup and delivery requests from authorized City staff. The Contractor will deliver requested boxes and/or files during the City’s regular business hours, excluding holidays.

Orders for delivery placed before 3:00 p.m. will be delivered by the next business day. Orders for rush delivery placed before 1:00 p.m. will be delivered within 4 hours. Orders for pickup of new or refile boxes and/or files will be picked up within 2 business days.

Deliveries are to be made to the requested floor in the City building or other City-owned Modesto facilities.

New or refile boxes and/or files for pick up will be picked up from the requesting department’s office unless the department requests pick up from a different location in the building.

Contractor shall combine delivery and pick up of boxes into one trip when requested and shall meet the delivery requirements listed above. Please provide pricing in your response for these services. If additional service options are available please provide those service levels and pricing in your response. #2..
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27 C. Transition Services
For the first two years following the commencement of the agreement, the Contractor must assume full responsibility for the transfer of all of the City’s records stored in locations throughout the City to the Contractor’s facility at no charge. This responsibility includes coordination of pick up with a City appointed point of contact (POC) at each department, and secure transport to the storage facility. Contractor will collaborate with POC to provide a list of services required by each department, which would include but are not limited to, new bar coding, labeling, data entry, and inventorying for the boxes to be stored at the Contractor’s facility or facilities. The Contractor should include in its response the process for acquiring the client’s boxes from the current facility and a time line for the process.

The Contractor will replace damaged boxes during transfer from the City’s current storage to the Contractor’s facilities. Should such damage occur, the Contractor shall furnish a report to the City POC detailing which boxes were damaged and replaced. Upon successful completion of the transfer, the Contractor will supply to the City POC an inventory report of the boxes moved to the new storage facility. This inventory report will list boxes by department name and /or cost center and number of boxes for each department/cost center.

D. Permanent Removal or Destruction Services
The City will require the Contractor to submit pricing for the permanent removal or destruction of specified boxes stored with the Contractor. The Contractor shall be able to provide a secure, permanent removal of such specified boxes and return receipt verification of their destruction to the City. Boxes permanently removed from storage must not appear on subsequent monthly invoices for storage. Any costs or fees associated with permanent removal of boxes must be identified in the Contractor’s bid response.

The Contractor must have the ability to accomplish the certified destruction of records stored at the Contractor’s facility. The certified destruction shall be performed by either shredding or incineration. The Contractor must ensure that confidentiality of all destroyed records is maintained throughout the destruction process. The Contractor will provide a certificate of destruction to the City for those records destroyed. No records shall be destroyed without written approval from the administrator or POC of the City account with the Contractor.

E. Inventory Tracking
The Contractor shall maintain an accurate, bar-coded and computer-based inventory tracking system. The computerized system must be web enabled, with adequate security, to provide Internet access to the information by City users, if so requested.

At a minimum, this system must identify each stored box by department, cost center, description, and status (checked in/checked out). Essential data fields include may include: box number, bar code, box size, location, cost center, department, major description, minor description, status, and box history (dates of check out and check in).

The inventory tracking process shall include appropriate logs and receipts for pick-up and delivery of the individual boxes for verification and audit purposes. Logs and receipts will be made available to the City upon request.
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28 The inventory status must be updated within 24 hours of activity.

Provide a detailed description of your company’s Inventory Tracking system, its security levels, and service capabilities, with pricing, in your bid response.

F. Reporting
The Contractor shall provide the following reports to the City upon request:
• Inventory reports for all City boxes stored at the Contractor’s facility. • Detailed reports of the quantity of boxes and/or files by division or departments. • Activity reports including a summary of ordering activity by location, quantity, and order type. • Retrieval activity reports include history for checked out, permanently removed, and destroyed inventory. • Financial reports that provide billing activity for a specified invoice period.

G. Account and Invoicing
The Contractor will provide a monthly invoice to the Accounting Division – Accounts Payable showing a line item for each of the departments’ storage and activity costs. The invoice will include a detailed list of all transactions for each department and a summary page listing division/department totals for each department/cost center. The total monthly cost for each department will be billed to and paid by the City.

H. Secure Storage and Facility Standards
The Contractor’s storage facilities must be within a 30 mile radius of the City of Modesto. The facility shall provide a level of protection consistent with industry standards must meet all applicable and current requirements of the National Fire Protection Association, NFPA | The National Fire Protection Association .

The storage facility or facilities must be properly shelved, fully secured, and equipped with motion, smoke and heat detectors/alarms to prevent loss from theft and fire. The City requires that the facility be constructed and equipped with fire safety systems as required by the International Fire Code and other applicable codes. The records storage facility cannot house any hazardous material. Storage facilities cannot be located within a flood area or risk exposure from external hazards.

The Contractor’s storage facility shall be solidly constructed with secure loading and unloading areas. Floors shall support at least 300 pounds per square foot, and shall be at or above ground level to assure dry storage.

Walls surrounding the record storage area shall be four hour fire resistant. Roof shall be of non-combustible construction and leak proof. Appropriate redundant systems must ensure continuous operation. Contractor shall provide proof of semi-annual treatment and/or inspection for rodent and insect protection.

The storage facility must be able to store microfiche and media type items (such as video, and cassettes) that require the appropriate climate to prevent any type of damage.

The Contractor is responsible for all the contents stored in any of its storage facilities. The vendor must provide a written disaster and recovery plan for any catastrophic occurrences including but not limited to earthquake, flood, fire, etc. The Contractor is responsible for recovery from any catastrophic occurrences, including but not limited to fire, damage or theft, as well as any associated costs. The Contractor must carry the appropriate insurance and provide proof thereof. Storage facilities must be equipped with an intrusion alarm system that is monitored 24 hours per day, including weekends and holidays. #2..
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29 The Contractor must provide adequate storage capacity to meet both the current and future needs of the City of Modesto.

I. Transportation
The Contractor must provide vehicles designed for the transportation of storage records. The vehicles must have the appropriate security features and be secured while at a delivery/pick up site. All vehicles must be equipped with a fire extinguisher.

J. Account Representation
The Contractor shall appoint an account representative for the City of Modesto as a single point of contact in order to insure a high level of responsiveness to the City’s needs. A backup contact shall also be designated for the purposes of providing coverage during the primary contact’s absence.

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

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

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

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

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

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

DELAY BY THE CITY
Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Contractor delay in the completion of the work shall be grounds for extension of time on the part of the Contractor to complete the work, but shall give the Contractor no damages for such delay. #2..
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30 ADDITIONAL EMERGENCY PROTECTION
Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.

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

DISPOSAL OF MATERIALS
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, Contractor shall furnish proof of disposal.
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31 SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 20___, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _____, a _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

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

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

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

AGREEMENT PRICING
[TBD - Insert Pricing Table Here]

2. CITY REPRESENTATIVE
CITY Representative is: ___________
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32 Purchasing Representative: __________
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT
<Enter Contact Information Here>

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

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

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

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

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

5. INSURANCE REQUIREMENTS
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The City utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance. #2..
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33 6. PAYMENT
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

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

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

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

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

10. COMMENCEMENT AND COMPLETION OF THE WORK
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
a. Proofs of insurance (approved by CITY Risk Manager); and b. Executed Agreement;
c. CONTRACTOR Bid submittal;
d. IFB No. IFB-00024RB
e. Contractor’s City of Modesto business license

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

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

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by #2..
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DOCUMENT STORAGE SERVICES
35 any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26. INDEPENDENT CONTRACTOR; NOT AGENT
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
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39 27. DRUG FREE WORKPLACE
CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

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

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

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

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

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

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

33. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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40 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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DOCUMENT STORAGE SERVICES
41 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-00024RB

DOCUMENT STORAGE SERVICES
42 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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DOCUMENT STORAGE SERVICES
43 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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Exhibit E - Pricing
IFB No. IFB-00024RB
Document Storage Services

CARTON/BOX/CASE SIZE
Carton/Box/Case Size
Line Item Description Unit of
Measure
Monthly Rate
1 Standard Carton 15 x 12 x 10 per cubic feet $0.25
2 Legal Size Carton 24x15x10 per cubic feet $0.50
3 Planner/Blueprint box per cubic feet $0.75
4 Microfilm/tapes/disks/video/cassette/large planners/blueprint box 8 x 8 x 42
per cubic feet $1.50
5 Check Cases 7 x 5 x 18 per cubic feet $0.25

TRANSPORTATION SERVICES
Transportation Services
Line Item Description Unit of
Measure
Cost
1 Standard Pick-up or Delivery (next business day service) per file $4.00 2 Minimum Delivery Charge/Pickup per trip $25.00
3 Rush Delivery (Same Day Service) surcharge $45.00
4 Expedite Delivery (within a 2 Hour delivery) surcharge $95.00 5 Fuel Surcharge per trip $5.00

ADDITIONAL SERVICES
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Exhibit E - Pricing
IFB No. IFB-00024RB
Document Storage Services
Exhibit E - Pricing
Invitation For Bid - Document Storage Services

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Additional Services
Line Item Description Unit of
Measure
Cost
1 Carton Pick-up/Delivery EA $4.00
2 Permanent Removal EA $10.00
3 Carton Destruction EA $7.00
4 Cartons Refiled EA $4.00
5 File Pick-up/Delivery EA $4.00
6 Files Pulled up for Delivery EA $4.00
7 New Cartons Added EA $4.00
8 Pull Boxes for Delivery EA $4.00
9 Pull Files for Customer Pick-Up EA $4.00
10 Refiles EA $4.00
11 Inventory Tracking Monthly $0.00
12 Reporting Services Monthly $0.00
13 Transition of Documents from Current Vendor (approx. 4,000 cartons)
One-time
Charge
$0.00
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 27, 2026
Date: March 25, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Dameon Booker, Chief Information Officer
SUBJECT: First Amendment to Agreement for Education and Government Broadcast Production Services with Final Cut Media
CONTACT: Dameon Booker, CIO, [email protected], (209) 447-1088 DESCRIPTION:

Consider a First Amendment to the Agreement with Final Cut Media, Modesto, CA for Education and Government Broadcast Production Services increasing the Agreement amount by $124,001 through the duration of the Agreement and extending the term of the Agreement from June 30, 2026, to June 30, 2027, and forwarding to Council for approval. (Funding Source: Education and Government Cable Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City's 2025-2026 Strategic Plan Initiatives:

Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City of Modesto manages the local Education and Government (EG) Channel for the City of Modesto and Stanislaus County government. The EG Channel provides a platform for live broadcasting and programming of City Council meetings, Board of Supervisor meetings, special events and other government meetings. The EG Channel programming runs twenty-four hours a day making local government accessible to citizens and provides an important communication link between the local jurisdictions and the community. #3..
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Finance Committee, April 27, 2026
First Amendment to Agreement for Educational and Government Broadcast Production Services with Final Cut Media

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The City has an ongoing need to maintain and support EG Channel, associated equipment, broadcast production services and programming for the purpose of airing content on the EG Channel.

On November 14, 2017, by Resolution No. 2017-445, Council approved the extension of the Agreement with Final Cut Media for one (1) year in the amount of $202,070 for the Management Services of the Education and Government Television Master Control room and authorizing the City Manager, or his designee, to execute the Agreement. City of Modesto entered into an Agreement for Consultant Services with Final Cut Media.

On November 6, 2018, by Resolution No. 2018-492, Council approved a First Amendment increasing the Agreement amount with Final Cut Media, for the Management Services of the Education and Government Television Master Control Room in the Council chambers by $202,070 from $202,070 to a new total amount of $404,140, and extending the term of the agreement from November 13, 2018, to November 13, 2019.

On June 11, 2019, by Resolution 2019-263, Council approved the award of proposal and agreement for Education and Government Broadcast Production Services to Final Cut Media, Modesto, CA, for a five-year agreement with two (2) one-year extension options, for an annual cost not to exceed $233,097 and a total amount not to exceed $1,584,701 over seven years; and authorizing the City Manager or his designee, to execute the Agreement.

The current agreement with Final Cut Media is set to expire on June 30, 2026.

DISCUSSION:

Final Cut Media has successfully managed the City’s Master Control Room operations since the original Agreement was executed in November 2017. The Contractor is responsible for the daily operational management of the Master Control Room at 1100 H Street, Basement Floor, including airing all Education-Government programming and providing camera production support for City Council meetings, committee meetings, and other Education and Government broadcast events.

The First Amendment modifies the Agreement in two (2) respects:

1. Term Extension (Section 3): The term of the Agreement is extended for a period of one (1) year from June 30,2026, to June 30, 2027, unless earlier terminated in accordance with the termination provisions of the Agreement. The Contractor is authorized to proceed with preparation of the Project as described in Exhibit “B”.

2. Compensation (Section 1): The Contractor shall furnish said services at the following Agreement rates for an estimated annual amount of $233,097 and not to exceed amount of $1,708,702 over eight-years. All other terms and conditions of the original Agreement remain in full force and effect. #3..
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Finance Committee, April 27, 2026
First Amendment to Agreement for Educational and Government Broadcast Production Services with Final Cut Media

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Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(e) where the Purchasing Manager, in her discretion, determines that the term of an existing agreement should be extended for a period of no greater than one (1) year to allow the City to complete a formal bidding process for a long-term agreement or to avoid disruption to City projects or services.

FISCAL IMPACT:

Past 5 years with Final Cut Media services
Year Date Range Total Annual Amount Spent
Year 3 July 1, 2021 – June 30, 2022 $ 208,010
Year 4 July 1, 2022 – June 30, 2023 $ 212,782
Year 5 July 1, 2023 – June 30, 2024 $199,914
Year 6 July 1, 2024 – June 30, 2025 $218,088
Year 7 July 1, 2025 – June 30, 2026 $181,740
Total $838,794
The anticipated cost of $229,008 per twelve-month period will be funded through the IT Department’s current fiscal year operating budget. Payment shall be remitted in twelve monthly installments on the 10th day of each month as detailed below:

ANTICIPATED AGREEMENT EXPENDITURES AMOUNT
Monthly Installments (12 × $19,084) 229,008
TOTAL (per 12-month period) $229,008
No budget amendment is required. The annual contract expenditure of $229,008 is absorbed within the current Education and Government Cable operating budget appropriation for contractor services.
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Finance Committee, April 27, 2026
First Amendment to Agreement for Educational and Government Broadcast Production Services with Final Cut Media

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CEQA/NEPA REQUIREMENTS:

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

RECOMMENDED COMMITTEE ACTION:

Staff Recommendation:

Motion recommending a First Amendment to the Agreement with Final Cut Media, Modesto, CA for Educational and Government Broadcast Production Services increasing by $124,001, to a new estimated annual amount of $233,097, and a new total amount not to exceed $1,708,702 through the term of the Agreement, and extending the term of the Agreement from June 30,2026, to June 30, 2027; and forwarding to Council for approval.

Approved by:

Dameon Booker, City of Modesto
Chief Information Officer
Joseph P. Lopez, City of Modesto
Attachments:

1. First Amendment

2. Agreement and Exhibits

3. CA Levine Act

4. Bid Waiver
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FIRST AMENDMENT TO AGREEMENT
WITH FINAL CUT MEDIA FOR Education and Government Broadcast Services This FIRST AMENDMENT to the Agreement for Education and Government Broadcast Services (“AMENDMENT”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and FINAL CUT MEDIA, a California partnership (hereinafter “CONTRACTOR”) as of the ________ day of ________________, __________.

RECITALS
This FIRST AMENDMENT to Agreement for Education and Government Broadcast Services is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for Education and Government Broadcast Services on the 1st day of July, 2019 (the "ORIGINAL AGREEMENT"), and
WHEREAS, CITY and CONTRACTOR desire to amend the ORIGINAL AGREEMENT by increasing the previously approved annual not to exceed amount from $218,096.20 to $233,097 and a total amount not to exceed from $1,584,701 to $1,708,702, and WHEREAS, CITY and CONTRACTOR desire to amend the ORIGINAL AGREEMENT by removing the annual cost not to exceed, and
WHEREAS, CITY and CONTRACTOR desire to amend the ORIGINAL AGREEMENT by updating the pricing in Section 3 of the ORIGINAL AGREEMENT, and WHEREAS, CITY and CONTRACTOR desire to amend the ORIGINAL AGREEMENT to amend the termination date of the Agreement from June 30, 2026 to June 30, 2027.

NOW, THEREFORE, in consideration of this FIRST AMENDMENT, and the mutual promises, covenants, and signatures contained in the ORIGINAL AGREEMENT and this FIRST AMENDMENT, the parties agree as follows:

1. THE WORK, Section 1, paragraph F, of the ORIGINAL AGREEMENT shall be deleted and replaced in its entirety with the following:
"CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $233,097. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,708,702.

2. TERM OF AGREEMENT, Section 3, paragraph 1, of the Original Agreement shall be updated to the following:
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Year 1: July 1, 2019 through June 30, 2020 $202,524 ($16,877/month) Year 2: July 1, 2020 through June 30, 2021 $202,524 ($16,877/month) Year 3: July 1, 2021 through June 30, 2022 $207,587.10 ($17,299/month for months 1-11 and $17,298.10 for month 12)
Year 4: July 1, 2022 through June 30, 2023 $212,776.78 ($17,731/month for months 1-11 and $17,735.78 for month 12)
Year 5: July 1, 2023 through June 30, 2024 $218,096.20 ($18,174/month for months 1-11 and $18,182.20 for month 12)
Year 6: July 1, 2024 through June 30, 2025 $218,096.20 ($18,174/month for months 1-11 and $18,182.20 for month 12)
Year 7: July 1, 2025 through June 30, 2026 $218,096.20 ($18,174/month for months 1-11 and $18,182.20 for month 12)
Year 8: July 1, 2026 through June 30, 2027 $229,001 ($19,083.42/month for months 1-11 and $19,083.38 for month 12)

4. Except as modified and amended by this FIRST AMENDMENT, all other provisions of the Agreement, shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this FIRST AMENDMENT to the ORIGINAL AGREEMENT for Education and Government Broadcast Services by its City Manager and attestation by its City Clerk under the authority of Resolution No. ___________ on the ________ day of ___________, __________, and FINAL CUT MEDIA has caused this FIRST AMENDMENT to be duly executed as of the Effective Date.
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CITY OF MODESTO
EXHIBIT “B”

SCOPE OF SERVICES
FOR

EDUCATION & GOVERNMENT

BROADCAST SERVICES AND PROGRAMMING
Final Cut Media shall provide the following services to the City of Modesto:

A. Final Cut media shall provide Education and Government channel services and Master Control Facility services as described in RFP No.1819-45. Scheduling of all programming on the Education and Government channels, including live web casting via the Internet.

B. Final Cut Media shall report solely to the Director of the Information Technology Department (IT) or IT Manager regarding the management of the Education and Government Channels and Master Control Facility.

C. Final Cut Media shall provide camera crew to produce, broadcast and/or record the following meetings originating from the basement chambers of Tenth Street Place, Modesto Centre Plaza, Modesto Police Department, Stanislaus County Office of Education and/or any other City of Modesto sites identified.
a. All regularly or specially scheduled Modesto City Council Meetings b. All regularly or specially scheduled Modesto City Council Committee Meetings c. All regularly or specially scheduled Modesto City Planning Commission Meetings d. Specially scheduled City of Modesto Department and/or Citizen Advisory Committee Meetings.
e. All regularly or specially scheduled Stanislaus County Board of Supervisors Meetings f. All regularly or specially scheduled Stanislaus County Board of Supervisors Committee Meetings.
g. All regularly or specially scheduled Stanislaus County Planning Commission Meetings.
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h. Specially scheduled Stanislaus County Department Meetings. i. Government Youth Commission Meetings.
j. Yearly City and County Budget Meetings.

D. Final Cut Media shall provide access to equipment, facilities, channels, and services provided to the City/County.

E. Final Cut Media shall maintain policies and guidelines for use and operation of the access equipment, facilities, and channel(s), and keep documentation updated.

F. Final Cut Media shall certify compliance with State of California Digital Infrastructure and Video Competition Act (DIVCA) Laws, Rules and Regulations. Manage the Education and Government (EG) access channel(s) and facilities in compliance with applicable laws, rules and regulations.

G. Final Cut Media shall provide regular maintenance, support and repair of all equipment purchased and/or donated or leased to Final Cut Media by City. Final Cut Media to ensure all aspects of equipment and operations are performing optimally. Final Cut Media will make recommendations for equipment replacement, software updates, and/or changes as needed. Final Cut Media shall obtain City’s approval for changes to the environment.

H. Final Cut Media shall maintain a comprehensive inventory, drawings, diagrams, flow charts and other related material of all equipment and communications that are utilized in conducting and operating services. This includes inventory of all hardware, licensing, software, equipment, its location and function. Inventory of all operating components shall be documented and updated monthly. Quarterly reports shall be provided to the City of Modesto that will include an overview of the operations, inventory and recommendations for improvements.

I. Final Cut Media shall duplicate media of all Modesto City Council and Stanislaus County Board of Supervisors, meetings, providing copies of said meetings to the City of Modesto Clerk’s Office and the Stanislaus County Clerk of the Board’s Office and storing master copies of all meetings in the Master Control Room library. Master copies shall not be discarded or destroyed without the prior written consent from the City Clerk or Clerk of the Board.

J. Final Cut Media will ensure that video bulletin boards announcements appear between recorded and/or live programming. Information will be submitted to contractor at least five (5) days prior to the requested start date. Announcements will consist of either image or video upload.

K. Final Cut Media shall interface with City and County systems for video streaming public meetings over the internet.
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L. Final Cut Media must obtain City of Modesto approval prior to any new programming airing on the Government and Education Channel.

M. Final Cut Media shall certify government channel is operational and broadcasting content 99% uptime.

N. Final Cut Media will provide ongoing recommendations to IT staff for the effective management of the Master Control Room facility. All final decisions pertaining to the Master Control Room facility shall be made by IT staff, unless upon emergency and IT staff is unavailable for direction.

O. Final Cut Media will work with IT Staff to ensure the proper maintenance and installation of all new equipment at all facilities.

P. Final Cut media agrees that any commercial use of equipment is prohibited. Final Cut Media may not rent City-owned equipment to other parties. Final Cut Media also may not profit from programs produced with City equipment and facilities. Any questions regarding commercial use should be directed to the IT staff.

Q. Additional production or equipment setup that is not listed on the Scope of Services shall be compensated at a rate of $85.00 per hour.

R. Final Cut Media shall provide staff possessing a qualified skill-level and working knowledge of operating and maintaining broadcast equipment for the transmission of Education and Government programming.

S. Final Cut Media agrees to maintain the Regular Hours of Operation as:
a. Monday through Friday 10 am - 5 pm for Master Control Room Operation b. Monday through Saturday as needed for Education & Government programming c. Saturday and Sunday - Open only for Master Control Room Operation d. On-Call - 24 hours per day and 365 days per year to oversee the use of the facility and provide technical management as needed
e. Master Control Room access is available by appointment only T. Final Cut Media shall perform quarterly inspections of the basement chambers of Tenth Street Place and the Master Control Room location of 1100 H Street, Modesto, California.

Final Cut Media agrees to respond and correct deficiencies as identified. #3..
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Extended Agreement to Final Cut for AV
Final Cut 229002
Sam Kneiss 209-480-9092
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0D[FKDUDFWHUV
SOHDVHDWWDFKD PHPRIRUPRUH

Kyle Ford
Kyle Ford
Dameon Booker
Dameon Booker
Carolanne Wattle
Diane Love
DeAnna Christensen
4/10/26
We are requesting to extending the existing agreement with Final Cut services to manage the City's Master Control Room in the Council Chambers for for one additional year to allow the I.T. department to complete formal bidding process for a new agreement.

Amending agreement to allow for bidding process.
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ESTIMATE
Final Cut Media, Inc.
1012 11th Street, Suite LL4
Modesto, CA 95354
[email protected]
+1 (209) 480-9092
www.finalcutmedia.com
Bill to
City of Modesto - Information Technology
1010 10th Street
5th Floor
Modesto, CA 95354
Estimate details
Estimate no.: 1107
Estimate date: 04/10/2026
Expiration date: 06/30/2026
# Date Product or service Description Qty Rate Amount

1. Contract Extension 1 Year Agreement July 1 2026 thru June 30th, 2027
12 $19,083.50 $229,002.00
Note to customer
Quote for one year extension on Government Services Contract from July 1st, 2026 thru June 30th 2027
Total $229,002.00
Expiry
date
06/30/2026
Accepted date Accepted by
to k e n = 5 1 5 e 0 6 8 a d 1 5 4 4 4 e 8 b 0 9 5 4 5 c 1 9 0 4 4 0 d f1 e 0 6 6 0 a c c a c 7 9 4 a b 1 b 4 6 f4 3 0 f4 0 8 7 1 c 8 8 9 6 d d 3 1 c 4 a 7 1 c 4 d b b a 8 1 0 8 1 f7 d 3 c e d 9 8 1 #3..
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Final Cut Bid Waiver
Final Audit Report 2026-04-13
Created: 2026-04-10
By: Kyle Ford ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAyIsefLUh9mvxGM16doygNCc1Q2q1uEZm "Final Cut Bid Waiver" History
Document created by Kyle Ford ([email protected])
2026-04-10 - 10:43:17 PM GMT
Document e-signed by Kyle Ford ([email protected])
Signature Date: 2026-04-10 - 10:46:26 PM GMT - Time Source: server Document emailed to Dameon Booker ([email protected]) for signature 2026-04-10 - 10:46:27 PM GMT
Email viewed by Dameon Booker ([email protected])
2026-04-10 - 10:46:42 PM GMT
Document e-signed by Dameon Booker ([email protected]) Signature Date: 2026-04-11 - 1:22:48 AM GMT - Time Source: server Document emailed to Carolanne Wattle ([email protected]) for signature 2026-04-11 - 1:22:50 AM GMT
Email viewed by Carolanne Wattle ([email protected]) 2026-04-11 - 1:25:30 AM GMT
Document e-signed by Carolanne Wattle ([email protected]) Signature Date: 2026-04-13 - 2:14:12 PM GMT - Time Source: server Document emailed to Celestia Love ([email protected]) for signature 2026-04-13 - 2:14:14 PM GMT
Email viewed by Celestia Love ([email protected])
2026-04-13 - 3:36:27 PM GMT
Document e-signed by Celestia Love ([email protected]) Signature Date: 2026-04-13 - 5:08:30 PM GMT - Time Source: server #3..
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Document emailed to DeAnna Christensen ([email protected]) for signature 2026-04-13 - 5:08:32 PM GMT
Email viewed by DeAnna Christensen ([email protected]) 2026-04-13 - 5:43:33 PM GMT
Document e-signed by DeAnna Christensen ([email protected]) Signature Date: 2026-04-13 - 5:43:46 PM GMT - Time Source: server Agreement completed. 2026-04-13 - 5:43:46 PM GMT
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 27, 2026
Date: March 30, 2026
TO: Finance Committee:

David Wright, Chair
Nick Bavaro, Vice Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Patrick Crowley, Interim Director of Public Works SUBJECT: SB1 Projects Proposed for Fiscal Year 2026-2027 CONTACT: John Sphar, Streets Manager, [email protected], 209-342-2235 DESCRIPTION:

Consider a list of projects to be funded with Road Repair and Accountability Act tax proceeds for Fiscal Year 2026-2027 and forwarding to Council for approval. (Funding Source: Senate Bill 1 Funds)
STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s 2025-2026 Strategic Plan Area of Focus:
“Quality of Life”: engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal D: ensure safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts; Strategy 1: create and implement a comprehensive street and road maintenance plan.

BACKGROUND:

The Surface Transportation Fund (STF) funds the Streets and Traffic Divisions of Public Works. These funds support the following services: Curbs, Gutters & Sidewalks, Street Maintenance, Traffic Engineering, Traffic Operations, and Traffic Electrical. The Streets Division maintains 1,400 lane miles of streets, 1,434 miles of curb and gutter, and 1,378 miles of sidewalk. The Traffic Division maintains 205 traffic signals, 13,764 streetlights, 16 flashing beacons, 47 lighted crosswalks, 83 school flashing beacons, seven warning beacons, six crosswalk beacons, 15 communication hubs, 17 roundabouts and 29,238 traffic signs.
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Finance Committee, April 27, 2026
SB1 Projects Proposed for Fiscal Year 2026-2027

Page 2 of 3 ends

On April 28, 2017, the Governor signed Senate Bill (SB) 11, which is known as the Road Repair and Accountability Act of 2017. The primary focus of these funds is to address basic road maintenance, rehabilitation, and critical safety needs on both the state highways and local streets and road systems. The City of Modesto received $4,888,093 in Fiscal Year (FY) 22-23, $5,652,170 in FY 23-24, $5,973,038 in FY 24-25 is estimated to receive as of January 15, 2026, $5,816,244 in FY 25-26, and is projected to receive $6,166,282 in FY 26-27.

DISCUSSION:

The objective of the local streets and roads program is to address deferred maintenance on the local streets and roads system. Prior to receiving an apportionment of Road Maintenance and Rehabilitation Account (RMRA) funds from the Controller in a fiscal year, the City must submit to the California Transportation Commission (CTC) a list of proposed projects (Attachment A). In the attachment “Streets Project Area Map & Segment List”, the fiscal year projects are identified for RMRA funding along with neighborhoods that will receive treatment to their streets.

Projects listed in Attachment A result in the following life-cycle benefits:
• Slurry seal projects that include crack seal and asphalt repairs will result in a five to seven-year life extension to existing pavement. Slurry seals have the added benefits of hardening existing asphalt, being effectively used in areas with high oxidation, sealing minor surface cracks and voids, retarding surface raveling, delineating different pavement surface areas and improving surface friction characteristics with proper aggregate.
• Traffic signal and street light maintenance will result in a ten-year extension. • Traffic sign and striping maintenance will result in a five-year life extension.

FISCAL IMPACT:

The City of Modesto estimates receiving apportionment of Road Repair and Accountability Act funding for FY 2026-27 in an amount approximating $6,166,282.

Estimated total costs for SB1 funded Streets and Traffic Engineering & Operations projects for FY 2026-2027 amount to approximately $6,166,282 (total includes 3.5% increases in CPI, fuel index and labor & material costs).

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. 1 Senate Bill 1 – Road Repair and Accountability Act of 2017 - http://rebuildingca.ca.gov/ #4..
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Finance Committee, April 27, 2026
SB1 Projects Proposed for Fiscal Year 2026-2027

Page 3 of 3 ends

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion recommending a list of projects to be funded with Road Repair and Accountability Act tax proceeds for Fiscal Year 2026-2027 in an amount up to $6,166,282 and forwarding to Council for approval.

Approved by:

Patrick Crowley, Interim Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Attachment A – Streets & Traffic FY 26-27 Proposed Projects

2. Streets – Projects Area Maps & Slurry and Paving Street Segment Lists

3. Electrical – Traffic Signal Maps
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City of Modesto, Traffic Engineering & Operations Divisions FY26/27 SB1 Project List
Project Type Project Name Total Project Cost Estimated Project Start Date
Estimated Project
Completion Date Useful Life Locations Community BenefitSummary Slurry Seal (type 2 Surry, Crack
Seal, Asphalt repairs) Slurry Seal $2,661,243 July 1, 2026 June 30, 2027 5-7 years 2026 Slurry Seal
Project Areas (map
provided)
This project will
include: Pavement
improvement (existing),
Striping Installation
(existing safety)
Street Rehabilitation Road Maintenance
and Rehabilitation $1,525,039 July 1, 2026 June 30, 2027 10-20 years 2026 SB1 PavingList (map provided) This project will
include: Pavement
improvement (Existing),
Sidewalk and/or
Crosswalk Rehab/Repair
(Existing), Paving and
ADA Curb Ramp
Rehab/Repair (Existing)
Traffic Signal & Street Lighting
Maintenance
Traffic Signal &
Street Lighting
Maintenance
$1,120,000 July 1, 2026 June 30, 2027 10 Years
Traffic Signal &
Street Light
Locations (maps
provided)
Public Safety; Signal
and Street lighting
maintenance within City
limits
Traffic Sign & Striping
Maintenance
Traffic Sign &
Striping Maintenance $860,000 July 1, 2026 June 30, 2027 5 to 7 Years Traffic Signs &
Striping
Maintenance
Locations (map
provided)
Public Safety; Striping
and Sign maintenance
within City limits
Total FY 26/27 $6,166,282
NOTES:
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City of Modesto, Streets Division Slurry
Seal Program
2026/27 Street Segment List
Area 25
Street Name To From
Brighton Ave Coffee Scenic Dr
Palomar Wy E. Orangeburg Ave Falcon Wy
Seville Wy Palomar Wy Greenbrier Ln
Falcon Wy Palomar Wy Greenbrier Ln
Greenbrier Ln E. Orangeburg Ave Falcon Wy
Granada Wy Falcon Wy Kruger Dr
Lorry Ave E. Orangeburg Ave Kruger Dr.

Dukart Wy Lorry Ave Kristi Wy
Kristi Wy E. Orangeburg Ave Duckart Wy
Jacquelyn Wy Lorry Ave Nelda Wy
Liberini Ct Jacquelyn Wy End of Court
Nelda Wy Jacquelyn Wy Kruger Dr.

Kruger Dr. Brighton Ave Rose Ave
Crestview Dr Kruger Dr. Rose Ave.

Cliffton Dr. Kruger Dr. Crestview Dr.

Carnation Ct Lavender Ln Primrose Ln
Lavender Ln Carnation Ct Wylie Dr
Primrose Ln Lavender Ln Rose Ave
Orchid Ct Primrose Ln End of Court
Orchid Ave Primrose Ln Wolverine Wy
Wylie Dr Brighton Ave Rose Ave
Wolverine Wy Wylie Dr Orchid Ave
Wolverine Ct Wolverine Wy End of Court
Iris Ct Orchid Ave End of Court
Swenson Wy Wolverine Wy Angelene Dr
Irene Ave Rose Ave End of Court
Roselen Ave Irene Ave Elizabeth Ave
Elizabeth Ct Elizabeth Ave End of Court
Elizabeth Ave Rose Ave Elizabeth Ct
Rose Ave Scenic Dr E. Orangeburg Ave
Locke Rd Coffee Rd Rose Ave
Irons Ct Brighton Ave End of Court
Megan Wy Brighton Ave End of Court
Sunyside Ave Locke Dr Scenic Dr
Lucern Ave Sunnyside Ave Coffee Rd
Montero Wy Sunnyside Ave Montrose ct
Montrose Ct Montero Wy End of Court
Area 19 west To From
St Pauls Way Oakdale Rd St Pauls Ct
St Pauls Ct St Pauls Ave End of Court
Sturm Dr St Pauls Ave Callaham Wy
Scolinos Ct Sturm Dr End of Court
Callaham Wy Sturm Dr Christiansen Dr
Christiansen Dr. Callaham Wy E. Orangeburg
Howe Wy Christiansen Dr End of Street
Christiansen Ct Christiansen Dr End of Court
Entrada Wy E. Onrangeburg Stoneridge Dr.
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Molino Dr Christiansen Dr Molino Dr.

Stonridge Dr Molino Dr. Old Farm Rd
Pescadero Pl Molino Dr. Bandera Ln
Casita Dr Molino Dr. Bandera Ln
Verano Ave Molino Dr. Bandera Ln
Ballena Pl Verano Ave End of Court
Solano Ct E. Onrangeburg End of Court
Cordero Ct E. Onrangeburg End of Court
Bandera Ln E. Onrangeburg Stoneridge Dr.

Ramsgate Dr Stoneridge Dr Harvest Rd
Chapel Ct Ramsgate Dr End of Court
Cedarbrook Ct Ramsgate Dr End of Court
Harvest Rd Ramsgate Dr Old Farm Rd
Havenbrook Wy E. Onrangeburg Harvest Rd
Old Farm Rd Harvest Rd Stoneridge Dr.

Stone Mill Ct Old Farm Rd. End of Court
Woodbridge Ct Old Farm Rd. End of Court
Hagen Wy Old Farm Rd. Raquel Ln
Raquel Ln E. Onrangeburg End of Street
Area 47 To From
Lincoln Ave Dry Creek Dr Yosemite Blv
Dry Creek Dr Lincoln Ave N Mc Clure Dr
Cannon Wy Knob Creek Ln Fort Sumpter Dr
Fort Sumpter Dr Cannon Wy Penny Ln
Knob Creek Ln New Salem Ave Dry Creek Dr.

New Salem Ave Knob Creek Ln Mary Todd Ln
Monitor Ct New Salem Ave End of court
Merrmac Ct New Salem Ave End of court
Indepdence Wy Fort Sumpter Dr. Mary Todd Ln
Freedom Ln Fort Sumpter Dr. Rebel Rd.

Rebel Rd Freedom Ln Independence Wy
Penny Ln Lincoln Ave N Mc Clure Rd.

Mary Todd Ln Penny Ln Dry Creek Dr.

Capitol Dr. Mary Todd ln Fort Henry Dr.

Fort Henry Dr Burnside Ave Dry Creek Dr.

Woodstock Ct Fort Henry Dr End of court
Perryville Ct Fort Henry Dr End of court
Burnside Ave Fort Henry Dr Blue Canyon Dr.

Mokelumne Ct Blue Canyon Dr. End of court
Melones Ct Blue Canyon Dr. End of court
Blue Canyon Dr Dry Creek Dr Penny Ln
Ariz Ct Penny Ln End of court
Coulterville Ct Blue Canyon Dr. End of court
Keystone Wy Blue Canyon Dr. N. Mc Clure Rd
N. Mc Clure Re Yosemite Blv Dead End
Constitution Dr Penny Ln Kounias Dr
Kounias Dr Chamise Dr Redberry Wy
Chamise Dr Poppypatch Dr Kounias Dr
Trudi Wy Chamise Dr Hubert Dr
Redberry Wy Kounias Dr Trudi Wy
Snowberry Ln Chamise Dr Yerrow Wy
Yarrow Wy Snowberry Ln Trudi Wy
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Poppypatch Dr Lincoln Ave N Mc Clure Rd.

Novell Ct Hubert Dr End of court
Doris Ct Hubert Dr End of court
San Andreas Ct Poppypatch Dr End of court
Huburt Dr Penny Ln Clogston Wy
Gold Run Dr Clogston Wy Penny Ln
Jamestown Dr Gold Run Dr Mid Pines Wy
Dutch Flat Ct Mid Pines Wy End of court
Thimbleberry Ln Redbud Ln Whitethorn Dr
Redbud Ln Thimbleberry Ln Japonica Wy
Redbud Ct Redbud Ln End of court
Japonica Wy Lincoln Ave Buckeye Ave
Buckeye Wy Japonica Wy Clogston Wy
Clogston Wy Buckeye Wy N. Mc Clure Rd
Whitethorn Dr. Clogston Wy Poppypatch Dr
Eula Dr Poppypatch Dr Clogston Wy
Cato Ct Hubert Dr End of court
Harlan Wy Eula Dr Hubert Dr
April Ct Hubert Dr End of court
Blackrock Pl Gold Run Dr End of court
Pinyon Pine Ln Gold Run Dr Yuba Ridge Ln
Grass Valley ct Yuba Ridge Ln End of court
Yuba Ridge Ln. Pinyon Pine ln Clogston Wy
Mariposa Rd Clogston Wy Dead End
Beavercreek Ct Mariposa Rd End of court
Heatherwood Ct Mariposa Rd End of court
Gibson Wy Lincoln Ave End of court
Amarillo Ct Gibson Wy End of court
Area 35 To From
Morse Dr Blue Gum Ave Kansas Ave
Beethoven Wy Mozaet Dr Bernstein Dr
Mozart Dr Beethoven Wy Poust Rd
Brahms Wy Mozaet Dr Bernstein Dr
Bernstein Dr Beethoven Wy Brahams Wy
Amadeus Dr Chopin Wy Brahms Wy
Chopin Wy Amadues Dr Puccini Pl
Puccini Pl Chopin wy Brahms Wy
Ravel Wy Brahms Wy Poust Rd
January Dr Bernstein Dr Albion Wy
Hobart Ct January Dr End of court
Hobart Wy January Dr Dulwich Dr
March Ct January Dr End of court
Swarthmore Dr Albion Wy Hobart Wy
Dulwich Dr Albion Wy Hobart Wy
Brandies Wy Dulwich Dr Poust Rd
Baylor Wy Dulwich Dr Poust Rd
Abel Ct Morse Rd End of court
Albion Wy Dulwich Dr July Dr
July Dr Albion Wy Chapparal Pl
Chapparal Pl Morse Rd Rosemore Ave
July Ct Chapparal Pl End of court
October Wy Chapparal Pl Woodland Ave
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Kidd Ct October Wy End of court
Kidd Ave October Wy Poust Rd
February Ct October Wy End of court
Scandia Ct Poust Rd End of court
Nass Ct Poust Rd End of court
Becker Ct Poust Rd End of court
Mack Ct Poust Rd End of court
Sussex Ave Poust Rd Westridge Pl
Pepperdine Ave Poust Rd Westridge Pl
Bryn Mawar Wy Pepperdine Ave Buckley Wy
Buckley Wy Bryn Mawar Wy Radcliffe Ave
Radcliffe Ave Pepperdine Ave Sussex Ave
Cassandra Wy Westridge Pl Rosemore Ave
Stagecoach Cl Rosemore Ave End of court
Lodge ploe Ci Rosemore Ave End of court
Tonopah Pl Cassadra Wy Chapparal Pl
Remington Pl Chapparal Pl End of court
Tonopah Ct Chapparal Pl End of court
Dan West Ct Woodland Ave End of court
Rosemore Ave Blue Gum Ave Kansas Ave
Cox Ave Rosemore Ave Prichard Ave
Prichard Ave Blue Gum Ave Cox Ave
Westview Ct Rosemore Ave End of court
Westbrook Westview ct End of court
Cummins Dr Blue Gum Ave Carpenter Rd
Shaddox Ave Rosemore Ave To county line
Neosho Ct Shaddox Ave End of court
Emigrant Ct Shaddox Ave End of court
Seneca Ct Shaddox Ave End of court
Goldfield Dr Rosemore Ave Shoeshone Pl
Bridger Dr Rosemore Ave Shoeshone Pl
Sandpoint Dr Rosemore Ave Emigrant Wy
Shoeshone Pl Goldfield Dr Sandpoint Dr
Emigrant Wy Shaddox Ave Woodland Ave
Brendler Wy Emigrant Wy Seneca Pl
Seneca Pl Shaddox Ave Brendler Wy
Bennett Rd Woodland Ave End of court
Woodland Ave Carpenter Morse Rd
Alderwood Rd Woodland Ave Reywood Ln
Reywood Ln Chetwood Dr Winchell Wy
Chetwood Dr Reywood Ln Finlandia Ave
Winchell Wy Reywood Ln Finlandia Ave
Peek Ave Woodland Ave Finlandia Ave
Finlandia Ave Chetwood Dr Mercy Ave
Peek Ct Peek Ave End of court
Wickman Ct Peek Ave End of court
Dania Ct Peek Ave End of court
Mercy Ave Woodland Ave Kansas Ave
Baucher Ct Mercy Ave End of court
Temperate Ct Mercy Ave End of court
Whitmer Ct Mercy Ave End of court
Higgins Ct Finlandia Ave End of court
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Bitterwater Dr Finlandia Ave Lahontan dr
Lahonton Dr Morse Rd Mercy Ave
Chalone Ct Lahontan Dr End of court
Chalone Dr Lahontan Dr Tassajara Dr
Paicines Ct Chalone Dr End of court
Pinnacles Dr Chalone Dr Panoche Dr
Chickaree Ln Chalone Dr Panoche Dr
Panoche Dr Lahontan Dr Tassajara Dr
Tassajara Dr Chalone Dr Panoche Dr
Tassajara Ct Tassajara Dr End of court
Altamont Ct Kansas Ave End of court
Yankee Dr Kansas Ave Wolfeboro Ln
Wolfboro Ln Deer Park Dr Countyside Dr
Deer Park Dr Wolfboro Ln Mercy Ave
Countyside Dr Wolfboro Ln Crocker Ln
Crocker Ln Countyside Dr Rosemore Ave
Ranleight Wy Crocker Ln Kansas Ave
Havens Pl Ranleigh Wy End of court
Mandana Ct Crocker Ln End of court
Mt Hamiton Dr Rosemore Ave Shasta Ave
Garzas Ct Mt Hamiton Dr Nita Alexander Ct
Nita Alexander Ct Garzas Ct End of court
Los Gatos Wy Mt Hamiton Dr Kansas Ave
Pacheco Pl Kansas Ave End of court
Shasta Ave Kansas Ave Dead End
Shasta Ave Torrid Ave Woodland Ave
Arroyo Hondo Pl Mt Hamiton Dr End of court
Berryessa Dr Arroyo Hondo Pl Shasta Ave
Grassland Wy Shasta Ave Plateau Wy
Plateau Wy Kansas Ave Nighthawk Wy
Nighthawk Wy Shasta Ave Plateau Wy
Jayhawk Wy Nighthawk Wy Torrid Ave
Torrid Ave Carpenter Rd Yellowstone Ave
Cavern Wy Jayhawk Wy Dead End
Bobcat Ct Cavern Wy End of court
Alum Rock Ct Shasta Ave End of court
Yellowstone Ave Torrid Ave Woodland Ave
Temperate Ave Yellowstone Ave Dead End
Stinson Ct Temperate Ave End of court
Bart St Yellowstone Ave Speer Dr
Clarence Dr Shasta Ave Speer Dr
Speer Dr Clarence Dr End of court
Judy Ct Shasta Ave End of court
Ashley Ct Shasta Ave End of court
Shasta Ct Shasta Ave End of court
Brett Ct Shasta Ave End of court
Brett Ln Shasta Ave Counrtney Wy
Corliss Pl Brett Ln End of court
Carrie Ct Brett Ln End of court
Diablo Ave Woodland Ave Torrid Ave
Courtney Wy Torrid Ave Brett Ln
Hasley Dr Woodland Ave Montilla Ln
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Montilla Ln Hasley Dr Dead End
Montilla Ct Shasta Ave End of court
Area 7 To From
Gulfstream Dr Mt Vernon Dr Arlington Dr
Marlene Ct Gulfstream Dr Gulfstream Dr
Girard Ave Mt Vernon Dr Rasmussen Ave
Rasmussen Ave Girard Ave Scott Ave
Scott Ave Mt Vernon Dr Carver Rd
Carver Rd Mt Vernon Dr Briggsmore Ave
Debonaire Dr Mt Vernon Dr Carver Rd
Skylane Wy Mt Vernon Dr Debonaire Dr
Muncy Dr Debonaire Dr Gulfstream Dr
Estep Dr Gulfstream Dr Scott Ave
Klemm Ct Gulfstream Dr End of court
Mavis Ct Scott Ave End of court
Plaunt Dr Gulfstream Dr Scott Ave
Debonaire Ct Debonaire Dr End of court
Max Ct Gulfstream Dr End of court
Bay Meadows Dr Carver Rd Churchill Ave
Arlington Dr Pimlico Dr Hialeah Dr
Hialeah Dr Arlington Dr Saratoga Dr
Saratoga Dr Hialeah Dr Pimlico Dr
Pimlico Dr Saratoga Dr Arlington Dr
Jamaica Ct Pimlico Dr End of court
Tanfran Dr Hialeah Dr Pimlico Dr
Tropical Dr Bay Meadows Dr Pimlico Dr
Earlmar Dr Mt Vernon Dr Golden Gate Dr
Wylma Wy Earlmar Dr Earlmar Dr
Golden Gate Dr Keeneland Ave Churchill Ave
Keeneland Ave Golden Gate Dr Bay Meadows Dr
Ascot Dr Keeneland Ave Golden Gate Dr
Churchill Ave Bay Meadows Dr Golden Gate Dr
Heather Ave Churchill Ave Norman Wy
Norman Wy Claud Ave End of court
Ronald Ave Saratoga Dr Tully Rd
Ronald Ct Ronald Ave End of court
Waring Wy Ronald Ave Ronald Ave
Freida Ct Ronald Ave End of court
Chelsea Ave Ronald Ave Bowen Ave
Bowen AVE Tully Rd Geneva Dr
Geneva Dr Joni Ave Ronald Ave
Lorainne Ave Norman Wy Dead end
Edsel Ave Bowen Ave Ronald Ave
Rivera Dr Bowen Ave Joni Ave
Joni Ave Rivera Dr Dead end
Fay Ave Mt Vernon Dr Joni Ave
Suzanne Dr. Geneva Dr Rivera Dr
Area 41 To From
Bodem St Scenic Dr Downey Ave
Downey Ave N Morton Blvd Scenic Dr
James St Downey Ave Jennie St
Newgate St Downey Ave Rue De Yoe
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Rue De Yoe La Loma Ave N Morton Blvd
N Morton Blvd Downey Ave Jennie St
Brook Wy N Morton Blvd N Morton Blvd
State St James St N Morton Blvd
Howard St Burney St James St
Lane St Burney St N Morton Blvd
Walden St Burney St Loma Vista Wy
Kelley St Burney St Loma Vista Wy
Jennie St Burney St N Morton Blvd
Pleasant St Jennie St Dead End
Fairview St James St Dead End
Loma Vista Wy Kelley St N Morton Blvd
18th street H Street Burney St
17th Street I street F street
16th Street I street Burney St
15th Street I street Burney St
14th Street I street D Street
13th Street I street D Street
12th Street I street D Street
11th Street I street D Street
10th Street I street D Street
E street 6th Street Burney St
F street 6th Street Burney St
8th Street I street F street
7th Street I street B Street
6th Street E street Sierra Dr
Sierra Dr 7th Street Rosedale Ave
C street Sierra Dr 7th Street
Calaveras Ave Sierra Dr Tuolumne Blv
D Street 7th Street Dead End
Area 39 To From
Crater Ave Ustick Rd Dead End
Cartwright Ct Crater Ave End of court
Featherriver Ct Crater Ave End of court
Bollinger Ct Crater Ave End of court
Seine Dr Crater Ave Fall River Dr
Dallas St Crater Ave Canel at county line
Crater Ct Crater Ave End of court
Malos Ct Crater Ave End of court
Danube Ct Dallas st End of court
Fall River Dr Seine Dr Dead End
Maura Ct Fall River Dr End of court
Mawana Ct Fall River Dr End of court
Monticello Ln Hatch rd St Salazari Cl
San Ramos Ct San Ramos Wy End of court
San Ramos Wy San Ramos Ct Jardin Wy
St Theresa Wy Monticello Ln St Charlotte Ln
St Sebastian Wy Monticello Ln San Mateo Wy
St Charlotte Ln San Ramos Wy St Sebastian Wy
San Mateo Wy San Ramos Wy St Sebastian Wy
St Augustine Ct San Mateo Wy End of court
St Salazar Cl Ironside Dr Dead End
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El Sereno St St Salazar Cl Rancho Encantado Ln
Alma Ct El Sereno St End of court
Cielito Dr St Salazar Cl Estrellita Ct
Garibaldi Ct Cielito Dr End of court
Rancho Encantado Ln Rancho Encantado Ct Hatch Rd
Rancho Encantado Ct Rancho EncantadoLn End of court
El Sereno Ct El Sereno St End of court
Los Pajaros Wy Rancho Encantado Ln Jardin Wy
Jardin Wy Ironside Dr San Ramos Wy
Brisas Ct Cielito Dr End of court
Ironside Dr St Salazar Cl Waldo Ct
Estrellita Wy Angelica Ct Estrellita Ct
Angelica Ct Estrellita Way End of court
Dezzani Ln Estrellita Way Pawtucket Ave
Ardenwood Ct Brixham Ct Dezzani Ln
Brixham Ct Ardenwood Ct End of court
Coventry Garden Wy Ironside Dr Dezzani Ln
Waterloo Ct Coventry Garden Wy End of court
Brookshire Ct Coventry Garden Wy End of court
Chesapeake Ave Ironside Dr Dezzani Ln
Atteboro Ct Chesapeake Ave End of court
Waldo Ct Ironside Dr End of court
Tudor Ct Ustick Rd End of court
Lynne Renee Ct Ustick Rd End of court
Conrad Wy Ustick Rd Dalby Ct
Dalby Ct Conrad Wy End of court
Giammona Ct Conrad Wy End of court
Walpole Pl Dezzani Ln End of court
Walpole Rd Dezzani Ln Boise Ave
Dezzani Ct Dezzani Ln End of court
Amesbury Pl Dezzani Ln End of court
Boise Ave Ustick Rd Hatch Rd
Sanchez Wy Boise Ave Dead End
Stone leaf Ct Sanchez Wy End of court
Standish Ct Boise Ave End of court
Blane Ct Boise Ave End of court
Pawtucket Ave Boise Ave Randolph Dr
Randolph Dr Pawtucket Ave Dead End
Pelham Pl Boise Ave End of court
Cape Cod Dr Walpole Rd Ipswitch Wy
Markham Ave Walpole Rd Ipswitch Wy
Ipswitch Wy Markham Ave Dezzani Ln
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2026/2027
PCI Street Name Begin Location End Location SQFT Cost Completed 26 Reno Kansas Doker 31,080 $91,220.45 2025
26 16th H Street G Street 20,539 $55,910.40 2025
18 13th I street H Street 19,680 $56,484.56 2025
30 H street 16th Intersection 5,640 $13,693.67 2025
20 Calaveras Sierra Dr Tuolumne Bl 31,820 $123,469.31 2025 19 Gary Ln E. Orangeburg E. Coolidge Ave 21,312 $91,716.39 2025 5 Kelly Burney James 8,585 $38,584.48 2026
14 Carpenter Rd Bridge deck Robertson Rd 46,800 $177,221.11 2026 35 Norwegian Phase 1 Sunrise Gordon 27,898 $99,907.00 2026 26 James Jennie St Walden St 22,005 $98,498.91 2026
Total For streets Completed
2025/2026 $846,706.28
23 Sutter Rouse South 53,4000 $174,608.00
18 13th H Street G Street 20,774 $87,025.00
8 Nickerson Dr Whitmore End of Street 38,998 $135,356.00 12 Woodrow Av Tully Colonial 54,094 $222,029.70
20 Jennie St Burney N morton 39,886 $144,994.06
18 Creekwood Dr Leavenworth Dry Creek 30,900 $111,855.00 19 Dallas Dallas Ct W. Hatch 9,870 $57,032.99
35 Norwegian Phase 2 Coffee Gordon 40,071 $152,384.00
Total For Incompleted
streets $1,085,284.70
2025-2026 SB1Paving List
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 27, 2026
Date: April 3, 2026
TO: Finance Committee
David Wright, Chair
Nick Bravaro, Vice-Chair
Rosa Escuita Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Patrick Crowley, Interim Public Works Director
SUBJECT: On-Call Roll-Up Door Maintenance & Repair Services CONTACT: Gabe DaSilva, Facilities Manager, [email protected], 209-342-2281
DESCRIPTION:

Consider the Agreements for On-Call Roll-Up Door Maintenance & Repair Services to West Coast Door and Gate, Modesto, CA and Barton Overhead Door, Inc. Modesto, CA for a total combined amount not to exceed $348,510 over five years and forwarding to Council for approval. (Funding Source: Building Maintenance Fund) STRATEGIC PLAN ELEMENT:

This action supports the 2025-2026 City of Modesto Strategic Plan Area of Focus:

Governance and Service Delivery; “Build community trust in City government through responsive, transparent and efficient service delivery.”; Goal H: “Achieve long-term financial sustainability.” Strategy #1: “Develop a strategy for long-term financial sustainability.”
BACKGROUND:

The City has approximately 100 roll-up doors throughout the City that require on-call maintenance and services. Approximately 60 of the commercial roll-up doors are located at 15 Fire Stations, which are located throughout the City of Modesto and City of Oakdale. These roll-up doors are used daily and must be in working condition to ensure that Fire Apparatus, Police Vehicles, Fleet Vehicles and other equipment can enter and exit in a timely and safe manner.
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Finance Committee, April 27, 2026
On-Call Roll-Up Door Maintenance & Repair Services

Page 2 of 5 ends

On December 3, 2019, by Resolution 2019-535, Council approved the agreement for On-Call Roll-Up Door Maintenance & Repair Services to West Coast Door and Gate, Modesto, CA, for a two-year agreement with three, one-year extension options for an estimated annual cost not to exceed $34,000 and a total amount not to exceed $170,000 over five years.

On October 24, 2023, by Resolution No. 2023-467, Council authorized the First Amendment to the agreement for On-Call Roll-Up Door Maintenance & Repair Services, to increase the agreement amount by $66,000 for a revised total amount not to exceed $236,000 through the term of the agreement.

On December 3, 2024, by Resolution No. 2024-437, Council authorized the Second Amendment to the agreement for On-Call Roll-Up Door Maintenance & Repair Services, to increase the agreement amount by $50,000 for a revised total amount not to exceed $286,000 through the term of the agreement.

DISCUSSION:

On September 12, 2024, the City Manager authorized the Purchasing Manager to solicit for the procurement for On-Call Roll-Up Door Maintenance & Repair Services. On July 1, 2025, the Purchasing Division issued Invitation for Bids (IFB) IFB-00030 for On-Call Roll-Up Door Maintenance & Repair Services on the City’s OpenGov procurement portal a public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Thirty-two bidders downloaded the Invitation for Bids (IFB) document from OpenGov, six were local bidders.

On August 5, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two bidders chose to respond; two local bids were received. On September 8, 2025, a notice of Intent to Reject Bids was issued due to inconsistent specifications, the specifications were revised for the rebid.

On October 21, 2025, the Purchasing Division issued IFB-00030RB for On-Call Roll-Up Door Maintenance & Repair Services on the City’s OpenGov procurement portal a public bidding website under various commodity codes.2 Prospective bidders were notified online and via email of the bid opportunity. Twenty-two bidders downloaded the IFB document from OpenGov and eight were local bidders. 115055 – Overhead Doors: Garage, etc., 91000 – Building Maintenance, Installation and Repair Services, 91300 – Construction Services, heavy (including maintenance and repair).
215055 – Overhead Doors: Garage, etc., 91000 – Building Maintenance, Installation and Repair Services, 91300 – Construction Services, heavy (including maintenance and repair), 55930 – Door Openers, 91014 - Door Installation, Maintenance, and Repair (metal), 91055 – Overhead Door Installation, Maintenance, and Repair, 93623 – Door Automatic Operator Installation, Maintenance and Repair.
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Finance Committee, April 27, 2026
On-Call Roll-Up Door Maintenance & Repair Services

Page 3 of 5 ends

On November 18, 2025, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream.

Four bidders chose to respond and three local bids were received. Based on providing the lowest responsive and responsible bid, City staff recommended to award West Coast Door and Gate, Modesto, CA and Barton Overhead Door, Inc. Modesto, CA for a two-year agreement with three one-year extension options for a total estimated annual cost of $69,702, and total combined amount not to exceed $348,510 over five years between the two agreements.

South Coast Industrial Door, Corona, CA responded with the lowest bid, however due to inadequate confirmation of local representation there are serious concerns about response times particularly for emergency services and the bidder’s ability to meet the bid requirements. After several attempts to obtain adequate confirmation of local representation and given the length of time in receiving communication from the bidder, staff recommends awarding to the next lowest responsive and responsible bidders.

Staff recommends awarding two agreements for On-Call Roll-Up Door Maintenance & Repair Services as follows:

Primary - West Coast Door and Gate- $32,500 estimated annually for On-Call Roll-Up Door Maintenance & Repair Services for a five-year total amount not to exceed $162,500.

Secondary - Barton Overhead Door, Inc.- $32,500 estimated annually for On-Call RollUp Door Maintenance & Repair Services for a five-year total amount not to exceed $162,500.

Staff recommends a separate agreement for both West Coast Door and Gate, Modesto, CA and Barton Overhead Door, Inc to provide backup, or in case the “primary” contractor is unable to meet the City’s needs.

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 recommended to award West Coast Door and Gate, Modesto, CA and Barton Overhead Door, Inc. Modesto, CA for a two-year agreement with three one-year extension options for a total estimated annual cost of $69,701, and total combined amount not to exceed $348,510 over five years between the two agreements.

FISCAL IMPACT:

Funds are budgeted in the Building Maintenance Fund 5800-52120-53300 with funding for contingency services being allocated at the time of approval. #5..
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Finance Committee, April 27, 2026
On-Call Roll-Up Door Maintenance & Repair Services

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Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
West Coast Door and Gate $32,500 $32,500 $34,385 $36,380 $38,490 $174,255 Barton Overhead Door Inc. $32,500 $32,500 $34,385 $36,380 $38,490 $174,255 Combined 5-Year total for all
Agreements $65,000 $65,000 $68,770 $72,760 $76,980 $348,510 The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last 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.

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 Agreements for On-Call Roll-Up Door Maintenance & Repair Services to West Coast Door and Gate, Modesto, CA and Barton Overhead Door, Inc. Modesto, CA for a two-year Agreement with three one-year extension options, for a combined estimated annual amount of $69,702, and a combined total amount not to exceed $348,510 over five years between the two agreements and forwarding to Council for approval.
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Finance Committee, April 27, 2026
On-Call Roll-Up Door Maintenance & Repair Services

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Approved by:

Patrick Crowley, Interim Public Works Director
Joseph P. Lopez, City Manager
Attachments:

1. Agreement – West Coast Door and Gate

2. Agreement – Barton Overhead Door, Inc.

3. West Coast Door and Gate – Bid Submittal

4. Barton Overhead Door, Inc. – Bid Submittal

5. West Coast Door and Gate – Pricing Table

6. Barton Overhead Door, Inc. – Pricing Table

7. Cost Abstract

8. IFB – 00030RB - Bid Document
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1 ANNUAL AGREEMENT FOR
ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE – AGREEMENT #322450 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 West Coast Door and Gate, a California sole proprietorship, 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 On-Call Roll-Up Door Maintenance & Repair Service 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 On-Call Roll-Up Door Maintenance & Repair Service SERVICES as described in IFB-00030RB, 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. #5..
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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 $32,500. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $162,500. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit "B".

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

2. PREVAILING WAGES:

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

DIR Project ID#:1000064585

3. CITY REPRESENTATIVE:

CITY Representative is Gabe DaSilva, [email protected] Purchasing Representative Holly Gonzales, [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:

Madeline Patterson
(209) 531-2087
[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: JUNE 1, 2026, through MAY 31, 2027
Year 2: JUNE 1, 2027, through MAY 31, 2028
Year 3: JUNE 1, 2028, through MAY 31, 2029
Year 4: JUNE 1, 2029, through MAY 31, 2030
Year 5: JUNE 1, 2030, through MAY 31, 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) days 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 322451
• 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 #5..
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5 B. Resolution No.2026- ____;
C. CONTRACTOR Bid submittal;
D. IFB-00030RB;
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; #5..
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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: West Coast Door and Gate
Attention: Madeline Patterson
5243 Avenue D
Modesto, CA 95358
(209) 531-2087
[email protected]
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8 CITY: City of Modesto
Purchasing Division
Attention: Holly Gonzales
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 #5..
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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. #5..
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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 5th day of May, 2026 and West Coast Door and Gate has caused this Agreement to be duly executed. #5..
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1 ANNUAL AGREEMENT FOR
ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE – AGREEMENT #322451 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 Barton Overhead Door, 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 On-Call Roll-Up Door Maintenance & Repair Service 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 On-Call Roll-Up Door Maintenance & Repair Service SERVICES as described in IFB-00030RB, 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. #5..
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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 $32,500. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $162,500. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit "B".

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

2. PREVAILING WAGES:

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

DIR Project ID#:1000002776

3. CITY REPRESENTATIVE:

CITY Representative is Gabe DaSilva, [email protected] Purchasing Representative Holly Gonzales, [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:

Matt Haynes
(209) 571-3667
[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: JUNE 1, 2026, through MAY 31, 2027
Year 2: JUNE 1, 2027, through MAY 31, 2028
Year 3: JUNE 1, 2028, through MAY 31, 2029
Year 4: JUNE 1, 2029, through MAY 31, 2030
Year 5: JUNE 1, 2030, through MAY 31, 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 322451
• 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 #5..
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5 B. Resolution No.2026 - ____;
C. CONTRACTOR Bid submittal;
D. IFB-00030RB;
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; #5..
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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: Barton Overhead Door, Inc.

Attention: Matt Haynes
1132 N Carpenter Road
Modesto, CA 95351
(209) 571-3667
[email protected]
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8 CITY: City of Modesto
Purchasing Division
Attention: Holly Gonzales
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 #5..
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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. #5..
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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 5th day of May, 2026 and Barton Overhead Door, Inc. has caused this Agreement to be duly executed. #5..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
RESPONSE DEADLINE: November 18, 2025 at 11:00 am
Report Generated: Monday, November 24, 2025
West Coast Door and Gate Response

CONTACT INFORMATION
Company:

West Coast Door and Gate
Email:
[email protected]
Contact:

Ma Patterson
Address:
5243 Avenue D
Modesto, CA 95358
Phone:
(209) 531-2087
Website:
westcoastdoorandgate.com
Submission Date:

Nov 17, 2025 4:32 PM (Pacific Time)
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

1. 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.

Confirmed
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.

Confirmed
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. #5..
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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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*
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.

Confirmed
PATENT INDEMNITY*
Bidder Acknowledges:
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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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*
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*
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.
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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

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

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

Option B – Manual Check:

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 #5..
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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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
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.

Confirmed
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.

Confirmed
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. #5..
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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Confirmed

2. 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.

West Coast Door and Gate
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.

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

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

Sole Proprietorship
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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LEGAL ENTITY STATE OF REGISTRATION*
In which State is the Bidder Company registered?
California
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
5243 Avenue D
Modesto Ca 95358
BIDDER COMPANY WEBSITE ADDRESS*
Please provide the full company website address for the Bidder Company. www. westcoastdoorandgate.com
CONTACT PERSON DETAILS*
Please provide the following information for the Contact person for this bid:
• Name
• Title
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
Madeline Patterson - GM
209-531-2087 or 209-765-805
5243 Avenue D, Modesto Ca 95358
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 26-0219209

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

DONT KNOW IT
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
James D. Patterson, CEO
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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Madeline Patterson, CFO
YEARS IN BUSINESS*
For how long has the Bidder Company been in business? Please indicate in number of years. 20 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
5243 Avenue D
Modesto Ca 95358
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
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.
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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1300965
STATE OF CALIFORNIA CONTRACTOR LICENSE NUMBER*
Please provide your State of California C-61/D-28 or other appropriate Contractor License Number. 898805
Click to Verify Value will be copied to clipboard

CONTRACTOR LICENSE EXPIRATION DATE
Please enter the current expiration date of your State of California Contractor's License (if available). 06/30/27
DIR REGISTRATION NUMBER*
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available). 1000064585
Click to Verify Value will be copied to clipboard
DIR REGISTRATION EXPIRATION DATE*
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number. 06/30/2028

3. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? No
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Bidder_Customer_References_(4).pdf
FINANCIAL INTEREST DISCLOSURE*
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...

Financial_Interest_Disclosure.jpg
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
SUPPORT OF LOCAL VENDORS*
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
Support_of_Local_Vendors_(3).pdf
BIDDER COMPANY HISTORY STATEMENT*
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
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[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[WEST COAST DOOR AND GATE] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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