Agenda packet — Modesto City Council, June 2, 2026 (part 3 of 4)

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. #22..
- 511 -
[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

Page 3 ends

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:
#22..
- 512 -
[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

Page 4 ends

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.
#22..
- 513 -
[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

Page 5 ends

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 #22..
- 514 -
[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. #22..
- 515 -
[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

Page 7 ends

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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- 516 -
[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

Page 8 ends

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
#22..
- 517 -
[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

Page 9 ends

• 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
#22..
- 518 -
[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

Page 10 ends

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.
#22..
- 519 -
[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

Page 11 ends

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
#22..
- 520 -
[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

Page 12 ends

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...
#22..
- 521 -
[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

Page 13 ends

Bidder_Company_History_Statement_(2).pdf
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Warranty_page_2.pdf
Warranty_page_1.pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below document and upload requested experience and certifications. • Bidder_Experience_and_Certi...

Bidder_experience_1_of_3.pdf
Bidder_experience_2_of_3.pdf
Bidder_experience_3_of_3.pdf
SUBCONTRACTORS?*
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...

Modesto_Levine_Act_Statement_Form_(1).pdf

4. Additional Bid Information

ADDITIONAL INFORMATION (IF NEEDED)
#22..
- 522 -
[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

Page 14 ends

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*
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

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICES
Line Item Description Unit of Measure Unit Cost
1 Standard Business Hours Rate (Monday - Friday 7AM to 5 PM) Hourly $315.00 2 After Hours Rate (Outside of Business Hours, Including Weekends) Hourly $525.00 3 Overtime Rate Hourly $472.50
4 Holiday Hourly Rate Hourly $630.00

EQUIPMENT PARTS & COMPONENTS COST MARK-UP
#22..
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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

Page 15 ends

All parts and components furnished shall be at the Contractor's landed cost less any earned discounts, plus mark-up and sales tax.

When called for by the City, the Contractor shall furnish a copy of the manufacture's invoice in order to verify the proper price charged to the City.

Line Item Description Unit of Measure Percentage
1 Equipment Parts & Components Cost Mark-Up Percentage 20% #22..
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BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.

The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value $
#22..
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Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

Annual Contract Value$
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business or
Governmental Agency:

Date Range of
Services:

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

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

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

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

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

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

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

_____________________________
Company/Applicant Name
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[BARTON OVERHEAD DOOR, INC.] 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: Saturday, November 22, 2025
Barton Overhead Door, Inc. Response

CONTACT INFORMATION
Company:

Barton Overhead Door, Inc.

Email:
[email protected]
Contact:

Matthew Haynes
Address:
1132 N Carpenter Rd
Modesto, CA 95351
Phone:

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

Nov 18, 2025 10:11 AM (Pacific Time)
#22..
- 535 -
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

Page 2 ends

ADDENDA CONFIRMATION
No addenda issued

QUESTIONNAIRE

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. #22..
- 536 -
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

Page 3 ends

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.

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

Confirmed
PATENT INDEMNITY*
Bidder Acknowledges:
#22..
- 537 -
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

Page 4 ends

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

Confirmed
SAMPLES*
Bidder Acknowledges:

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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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] 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:

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 #22..
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] 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 A (Preferred)
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Bidder Acknowledges:

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. #22..
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

Page 7 ends

Confirmed

Barton Overhead Door, Inc.

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.

N/A
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.

Corporation
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] 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?
CA
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
1132 N Carpenter Rd
Modesto, CA 95351
United States
BIDDER COMPANY WEBSITE ADDRESS*
Please provide the full company website address for the Bidder Company. www.bartondoor.com
CONTACT PERSON DETAILS*
Please provide the following information for the Contact person for this bid:
• Name
• Title
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] 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
Matt Haynes – Project Manager
Barton Overhead Door, Inc.
1132 N Carpenter Rd, Modesto, CA 95351
(209) 571-3667 Ext 117 Fax (209) 571-3669
Email: [email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 94-2532393

DUNS & BRADSTREET (DUNS) NUMBER
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here. 068856426
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
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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• Full Name, Full Title
Michael A Barton - President
Naomi Barton - Secretary
Michael L Barton - CEO
YEARS IN BUSINESS*
For how long has the Bidder Company been in business? Please indicate in number of years. 52 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
1132 N Carpenter Rd
Modesto, CA 95351
United States
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. #22..
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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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.
0049363
STATE OF CALIFORNIA CONTRACTOR LICENSE NUMBER*
Please provide your State of California C-61/D-28 or other appropriate Contractor License Number. 392730
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). 02/28/2026
DIR REGISTRATION NUMBER*
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available). 1000002776
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. 06/30/2026
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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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
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Customer_References.pdf
FINANCIAL INTEREST DISCLOSURE*
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
20250805_SUB_City_of_Modesto_Financial_Interest_BOD.pdf 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
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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20250805_SUB_City_of_Modesto_Local_Vendor_BOD.pdf
BIDDER COMPANY HISTORY STATEMENT*
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...

Microsoft_Word_-_20250805_Barton_Overhead_Door_-_About_Us-EDIT.docx.pdf BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
20250805_BOD_Warranty_Statement.pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below document and upload requested experience and certifications. • Bidder_Experience_and_Certi...

BOD_Bidder_Experience_and_Certifications_copy.pdf
SUBCONTRACTORS?*
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
20250805_SUB_City_of_Modesto_Levin_Act_BOD.pdf
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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4. Additional Bid Information

ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

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

Confirmed

PRICE TABLES

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICES
Line Item Description Unit of Measure Unit Cost
1 Standard Business Hours Rate (Monday - Friday 7AM to 5 PM) Hourly $360.00 2 After Hours Rate (Outside of Business Hours, Including Weekends) Hourly $540.00 3 Overtime Rate Hourly $540.00
4 Holiday Hourly Rate Hourly $650.00
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[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
[BARTON OVERHEAD DOOR, INC.] RESPONSE DOCUMENT REPORT
Invitation For Bid - On-Call Roll-Up Door Maintenance & Repair Service

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EQUIPMENT PARTS & COMPONENTS COST MARK-UP
All parts and components furnished shall be at the Contractor's landed cost less any earned discounts, plus mark-up and sales tax.

When called for by the City, the Contractor shall furnish a copy of the manufacture's invoice in order to verify the proper price charged to the City.

Line Item Description Unit of Measure Percentage
1 Equipment Parts & Components Cost Mark-Up Percentage 20% #22..
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Barton Overhead Door
“About Us”
At Barton Overhead Door, we have a big sign in our office that reads “Service is Our Business.” We have it there to remind our team every day about the values behind our company. Quality customer service always comes first, and this is a belief that has driving our business for nearly 50 years and across three generations of our family.

A True Family Business
Barton Overhead Door Inc. was founded by Mike and Naomi Barton. They started the company from their Ceres home, where they were building one-piece doors out of an old chicken barn on their property and serving local customers. Slowly but surely, the business grew and they opened their second location in Sonora back in 1977. In 1984, they purchased and moved to the 84 Lumber building on Carpenter Road in Modesto—where our business is still located today. We now have around 40 great employees working for our company in our Sonora and Modesto offices. Yet, the original spirit of our small family business is at the heart of everything we do.

Barton Overhead Door is now led by the next generations of Bartons, including Mike and Naomi’s son, Michael, and his sons, Jamin, Landon, and son-in-law Luke Domecq. They all work here as part of our third generation of family leadership. Many of our employees have been with the company for a long time, including Calvin Boyd, who first started working with us in 1977!
Professional Overhead Door Services
Over the years, Barton Overhead Door has grown to serve residential customers throughout the Central Valley area and commercial clients throughout much of Central and Northern California. We can handle any overhead door installation, from garage doors in neighborhood homes to large commercial, industrial, agricultural and civic facilities. There is no job too big or too small for our team.

Service is Our Business
At Barton Overhead Door, we offer personalized consultation to help you find the right overhead door solutions to match your needs and meet your budget. In addition, we offer professional installation, maintenance and repair services to ensure your overhead door works great for many years to come. Our team brings many years of specialized expertise to ensure you get quality results at a fair price. We never forget the fact that “Service is Our Business.” With Barton Overhead Doors, you can rely on our team to provide the service and support you deserve for your commercial or residential overhead door needs. #22..
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Barton Overhead Door, Inc.

Bidder Warranty Statement
1) Conformance & Quality
Barton Overhead Door, Inc. (“Bidder”) warrants that all materials, supplies, equipment, and services furnished under any contract or purchase order resulting from this Bid are new, of suitable grade, and shall conform to and meet or exceed all specifications, drawings, and requirements of the IFB and the resulting contract, including all applicable codes and standards. 2) Scope of Warranty (Performance, Workmanship, Labor, Materials, and Design/Engineering)
This warranty expressly covers the following, without limitation:
• Performance: All furnished equipment and systems will perform in accordance with the IFB requirements and manufacturer’s published performance criteria. • Workmanship & Labor: All installation and service work will be free from defects in workmanship and performed by qualified technicians.
• Materials, Parts, Assemblies & Components: All furnished items will be free from defects in material and manufacturing.
3) Warranty Periods (beginning at City’s Final Acceptance) Warranty Periods as follows:
• Service Work (repairs, adjustments, replacements not constituting a new install): 90 days on workmanship/labor for the serviced item(s). Parts are covered per manufacturer warranty if applicable.
• Installation Work (new equipment/systems or new assemblies): 1 year on workmanship/labor and Bidder-furnished materials/assemblies/components.
• Manufacturer Warranties: All manufacturer warranties are passed through to the City; if longer than the above, the longer term applies.
(Note: The IFB/Contract may require longer warranty periods, and the contract overrides our standard warranty period.)
4) IFB 30-Day Defect Correction Commitment
Consistent with the IFB, if any defect in the materials, assemblies, components, supplies, or services covered by this Bid is reported within 30 days of City’s final acceptance, Bidder shall correct such defects at its sole expense.
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2 5) Remedies & Service Levels
For any covered defect discovered during the applicable warranty term, Bidder will, at its sole expense and at City’s option (where permitted by the IFB), repair, replace, or re-perform the affected work to restore full compliance.
6) Subcontractors & Suppliers
Bidder remains primarily responsible for warranty performance and does not rely on subcontractors. 7) Exclusions (Narrowly Tailored)
This warranty does not cover: (a) damage caused by abuse, vandalism, or acts of God beyond design criteria; (b) modifications or repairs by others not authorized by Bidder; (c) operation outside specified parameters; or (d) lack of reasonable, non-technical routine care expressly assigned to the City by the IFB or O&M manuals. Normal wear items (e.g., seals and weather-stripping) are covered for defects in material and workmanship but not for gradual wear from ordinary use. No exclusion applies to latent defects, fraud, or gross mistakes amounting to fraud. 8) No Exemptions Sought
All materials, parts, labor, assemblies, and components furnished by Bidder are subject to these warranty conditions and terms. No exemptions are requested. If the City approves any written exemption, such exemption shall be expressly identified in the contract documents in the future. 9) Relationship to IFB/Contract
Nothing in this statement limits the City’s rights or remedies set forth in the IFB or the resulting contract. In the event of any conflict, the IFB/contract governs. Upon expiration of the applicable warranty period, liability under this warranty ends, except as to fraud, gross mistakes amounting to fraud, latent defects, or specific failure to comply with the terms of the purchase order/contract. #22..
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BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:

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

B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. #22..
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Bidder Experience and Certifications
Bidder: Barton Overhead Door, Inc.

Address: 1132 N Carpenter Rd, Modesto, CA 95351
Primary Contact: Service Department — (209) 571–3667 —
[email protected]
A. Experience
Barton Overhead Door, Inc. and the employees directly involved in inspections, services, and repairs each have well over three years of experience providing the services requested in this IFB. i) Key Personnel and Positions
Name Position Hire Date
Michael B CEO 01/02/1991
Matt H Commercial Project Manager 08/16/2004
Steve D Lead Commercial Service Technician 08/19/1996
Jamin B CFO 06/01/2017
Chad A Lead Commercial Install Technician 11/04/1996
Curtis K Lead Commercial Install Technician 04/18/2006
ii) Biographical Summaries (abbreviated)
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2 Michael B, CEO (since 01/02/1991): Lifelong experience in the door industry; former leader of the commercial department for 20+ years; knowledgeable across all overhead door types.

Matt H, Commercial Project Manager (since 08/16/2004): 15+ years estimating and managing commercial projects from planning/submittals through installation and closeout.

Steve D, Lead Commercial Service Technician (since 08/19/1996): Extensive service experience across all commercial overhead door systems; has serviced many City of Modesto facilities under prior contracts; provides direct service and on-call support to technicians.

Jamin B, CFO (since 06/01/2017): Oversees finance, compliance, and contract administration; supports operations to ensure scope, schedule, and quality requirements are met.

Chad A, Lead Commercial Install Technician (since 11/04/1996): Veteran installer across all commercial door types; known for high standards and precise workmanship.

Curtis K, Lead Commercial Install Technician (since 04/18/2006): Experienced installer across all commercial door types; reliable execution on complex installs. iii) Subcontracting
Barton Overhead Door, Inc. does not anticipate subcontracting the services covered by this IFB. If subcontracting becomes necessary, we will submit a Subcontractor List identifying each firm, scope, personnel, and qualifications per the specifications.

B. Certifications
Copies will be provided as required.

IDEA Accreditation
California Contractors State License Board (CSLB) License EPA Lead Safe Certified Firm
Certified Rolling Steel Fire Door Technicians
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Barton Overhead Door, Inc.
has fulfilled the requirements of the Toxic Substances Control Act (TSCA) Section 402, and has received certification to conduct lead-based paint renovation, repair, and painting activities pursuant to 40 CFR Part 745.89
All EPA Administered States, Tribes, and Territories
This certification is valid from the date of issuance and expires July 22, 2030 Certification #NAT-49418-4Issued OnMay 05, 2025
Marc Edmonds, ChiefRisk Assessment Management Branch 2. #22..
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WEST COAST DOOR AND GATE – Agreement 322450
IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service

PRICING TABLE

EQUIPMENT PARTS & COMPONENTS COST MARK-UP
All parts and components furnished shall be at the Contractor's landed cost less any earned discounts, plus mark-up and sales tax.

When called for by the City, the Contractor shall furnish a copy of the manufacture's invoice in order to verify the proper price charged to the City.

Line Item Description Unit of Measure Percentage
1 Equipment Parts & Components Cost Mark-Up Percentage 20% #22..
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BARTON OVERHEAD DOOR, INC. – Agreement 322451
IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service

PRICING TABLE

EQUIPMENT PARTS & COMPONENTS COST MARK-UP
All parts and components furnished shall be at the Contractor's landed cost less any earned discounts, plus mark-up and sales tax.

When called for by the City, the Contractor shall furnish a copy of the manufacture's invoice in order to verify the proper price charged to the City.

Line Item Description Unit of Measure Percentage
1 Equipment Parts & Components Cost Mark-Up Percentage 20% #22..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353

EVALUATION TABULATION
IFB No. IFB-00030RB
On-Call Roll-Up Door Maintenance & Repair Service
RESPONSE DEADLINE: November 18, 2025 at 11:00 am
Report Generated: Thursday, February 5, 2026

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICES
On-Call Roll-Up Door Maintenance & Repair Services Barton Overhead Door, Inc.

R&S ERECTION TRI

COUNTY INC
South Coast
Industrial Door
West Coast Door
and Gate
Item Description Unit of Measure Unit Cost Unit Cost Unit Cost Unit Cost 1 Standard Business Hours Rate (Monday - Friday 7AM to 5 PM) Hourly $360.00 $375.00 $295.00 $315.00 2 After Hours Rate (Outside of Business Hours, Including Weekends)
Hourly $540.00 $450.00 $442.50 $525.00
3 Overtime Rate Hourly $540.00 $420.00 $442.50 $472.50
4 Holiday Hourly Rate Hourly $650.00 $500.00 $588.00 $630.00

EQUIPMENT PARTS & COMPONENTS COST MARK-UP
All parts and components furnished shall be at the Contractor's landed cost less any earned discounts, plus mark-up and sales tax. When called for by the City, the Contractor shall furnish a copy of the manufacture's invoice in order to verify the proper price charged to the City.

Equipment Parts & Components Cost Mark-up Barton Overhead Door, Inc.

R&S ERECTION TRI

COUNTY INC
South Coast
Industrial Door
West Coast Door
and Gate
Item Description Unit of Measure Percentage Percentage Percentage Percentage 1 Equipment Parts & Components Cost Mark-Up Percentage 20% 20% 20% 20% #22..
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00030RB
FOR

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE

THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BIDS DUE: November 18, 2025 before 11:00 am
CITY OF MODESTO CONTACT: Holly Gonzales, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
2 Table Of Contents

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

VIRTUAL BID OPENING

GENERAL BID REQUIREMENTS

PRICING SCHEDULE

BID SUBMITTAL

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SAMPLE ANNUAL AGREEMENT - SERVICES
EXHIBIT C: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
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 On-Call Roll-Up Door Maintenance & Repair Service equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Public Works Department, Building Services 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, November 18, 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. #22..
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: October 21, 2025
Questions Due via City's OpenGov
Procurement portal:

October 28, 2025, 5:00pm
Addendum Issued (if required): November 4, 2025
Bid Due Date & Time: November 18, 2025, 11:00am
Approximate Contract Award Date: May 2026

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted through the Question & Answer area of the City's OpenGov Procurement portal prior to 5:00 pm on Tuesday, October 28, 2025. The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

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

CALIFORNIA LABOR CODE SECTION 1771.1(A)
The California Labor Code states that, “A contractor or subcontractor shall not be qualified to Bid on, be listed in a Bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a Bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to #22..
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5 perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.

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

SUBMITTAL OF NO BID
If you are not submitting a Bid, you have the option to submit "No Bid" and state the reason you are not submitting a bid for this particular IFB.
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6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 am (Pacific Time) on Tuesday, November 18, 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 Holly Gonzales. #22..
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7 GENERAL BID REQUIREMENTS

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

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

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

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

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

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

Failure to furnish any of these documents or information required within such documents may result in disqualification of Proposer.
• Pricing Schedule
• Bidder Exceptions, Clarifications, Amendments (if applicable) • Bidder Customer References
• Financial Interest Disclosure
• Support of Local Vendors (if applicable)
• Bidder Company History Statement
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8 • Bidder Warranty Statements
• Bidder Experience and Certifications
• Subcontractor List (if applicable)
• 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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9 SUPPORT OF LOCAL VENDORS
Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

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

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

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

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. #22..
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11 • The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor; b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based;
d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

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

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

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their #22..
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12 decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

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

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

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

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

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
e. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #22..
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14 PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required services shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Bidder Exceptions, Clarifications, Amendments Form.

The payment of Prevailing Wages is required for this project. *Direct Labor Rate cannot be less than the minimum state prevailing wage.

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICES
Line Item Description Unit of
Measure
Unit Cost
1 Standard Business Hours Rate (Monday - Friday 7AM
to 5 PM)
Hourly
2 After Hours Rate (Outside of Business Hours,
Including Weekends)
Hourly
3 Overtime Rate Hourly
4 Holiday Hourly Rate Hourly

Line Item Description Unit of
Measure
Percentage
1 Equipment Parts & Components Cost Mark-Up Percentage 20% #22..
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15 BID SUBMITTAL
Bidder’s submission should include all City of Modesto forms as provided. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission.

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.

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. #22..
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16 ☐ Please confirm
*Response required
AWARD*
Bidder Acknowledges that:

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

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

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

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

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
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17 *Response required
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Bidder Acknowledges:

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:

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
18 • 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:

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. ☐ Please confirm
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19 *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. ☐ Corporation
☐ Limited Liability Company
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20 ☐ 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
• Title
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21 • 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
*Response required
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22 CITY OF MODESTO BUSINESS LICENSE*
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.
☐ Yes
☐ No
*Response required
When equals "Yes"
CITY OF MODESTO BUSINESS LICENSE NUMBER*
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
*Response required
STATE OF CALIFORNIA CONTRACTOR LICENSE NUMBER*
Please provide your State of California C-61/D-28 or other appropriate Contractor License Number. *Response required

CONTRACTOR LICENSE EXPIRATION DATE
Please enter the current expiration date of your State of California Contractor's License (if available).

DIR REGISTRATION NUMBER*
Please provide your State of California Department of Industrial Relations (DIR) Registration Number (if available).
*Response required
DIR REGISTRATION EXPIRATION DATE*
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number.
*Response required

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
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23 *Response required
When equals "Yes"
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Please download the below documents, complete, and upload. • Bidder_Exceptions,_Clarific...
*Response required
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
*Response required
FINANCIAL INTEREST DISCLOSURE*
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
*Response required
LOCAL VENDOR?*
Is the Bidder a local vendor as defined by the following requirement? To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
☐ Yes
☐ No
*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...
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
24 *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 document and upload requested experience and certifications. • Bidder_Experience_and_Certi...
*Response required
SUBCONTRACTORS?*
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? ☐ Yes
☐ No
*Response required
When equals "Yes"
SUBCONTRACTOR LIST*
Please download the below documents, complete, and upload. • Subcontractor_List_IFB.pdf
*Response required
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required

ADDITIONAL BID INFORMATION

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
25 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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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
26 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SCOPE OF WORK
The City of Modesto, Building Services Department is inviting bids for roll-up bay door repair and maintenance services for all fire department locations and other roll-up door repair and maintenance services citywide on an as needed basis. The successful bidder shall provide repair and maintenance services including all personnel, labor, supervision, materials, tools, safety equipment, fuel and the equipment required to maintain and repair roll-up door systems within the City of Modesto's various locations. All parts and components furnished shall be at the Contractor’s landed cost less any earned discounts, plus not to exceed a twenty percent (20%) mark-up, plus sales tax. Continuing and reliable operation is essential for the 24-hour operation of our facilities. It is essential that prompt, thorough service is provided.

The intent of this agreement is to provide any maintenance repairs and replacements for any equipment required for proper operation of the system(s) under contract which may include but not limited to:
• Doors
• Hit or damaged doors
• Doors out of the tracks
• Door spring failures
• Weather stripping
• Rollers
• Springs
• Hinges
• Rails
• Safety Systems
• Tracks
• Electronic Eyes
• Loss of electrical power for door hoist
• Sensors
• Bent door tracks
• Door wheels binding in tracks or guides
• Crimping or buckling of door panels
Additional services other than those listed may be requested by the City of Modesto during the contract term.

Additional services added to the contract are to be provided at the same time and material prices offered in the bid.

Services not detailed in this scope are not to be performed unless they are requested and authorized by the City of Modesto. Additional work is to be billed at the hourly rate provided in the bid.

All bidders providing services will have the competency, relevant experience, knowledge, and reliability which qualify the individual(s) to successfully provide the required supplies and services requested in this IFB.
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
27 MINIMUM QUALIFICATION:
• Contractor must be skilled and regularly engaged in the general class or type of work called for under the contract. The successful contractor must also have no less than five (5) years of experience in providing roll-up bay door repair and maintenance services.

RESPONSE TIMES:

Response Type Response to Request On-Site Response
Planned Projects/Repairs 24 to 48 hours As negotiated case-by-case Non-Emergency Repairs 8 to 24 hours 24 to 48 hours
Emergency Response 20 minutes 30 minutes to 2 hours

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.

Contractor must possess a valid California C-61/D-28 or other appropriate Contractor's license at the time of proposal submission, pursuant to California Public contract Code Section 3300 and Business and Professions code Section 7028.15. The respondent must be licensed as a contract in accordance with the provisions of California Business and Professions Code Chapter 9, Article 5 Licensing 7065-7077. The successful contractor must maintain the license throughout the duration of the contract.

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. #22..
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
28 SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 20___, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _____, a _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 20___-______ authorizing the Award of Bid and agreement for the ______ SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the On-Call Roll-Up Door Maintenance & Repair Services as described in IFB-00030, attached hereto as Exhibit “B” and made a part hereof (hereinafter called IFB).

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

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

AGREEMENT PRICING
[TBD - Insert Pricing Table Here]
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ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
29 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#: _____________

3. CITY REPRESENTATIVE
CITY Representative is: Gabe de Silva, [email protected], (209)342-2281 Purchasing Representative: Holly Gonzales, [email protected], (209)341-2908 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

4. CONTRACTOR CONTACT
<Enter Contact Information Here>

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

Year 1: June 03, 2026, through June 02, 2027
Year 2: June 03, 2027, through June 02, 2028
Year 3: June 03, 2028, through June 02, 2029
Year 4: June 03, 2029, through June 02, 2030
Year 5: June 03, 2030, through June 02, 2031
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #22..
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ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
30 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 (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.

7. PAYMENT
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
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ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
31 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 law’s provisions or principles.

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

11. COMMENCEMENT AND COMPLETION OF THE WORK
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
a. Proofs of insurance (approved by CITY Risk Manager); and b. Executed Agreement;
c. CONTRACTOR Bid submittal;
d. IFB No. IFB-00030;
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 non-performance.

Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the #22..
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ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
32 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 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 #22..
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
33 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.

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

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

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

15. ASSIGNMENT OF RIGHTS
The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
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ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
34 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: ____________
____________
____________
____________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

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

21. QUANTITIES
No minimum or maximum is guaranteed or implied.
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ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
35 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 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 #22..
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ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
36 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 necessary to perform the SERVICES.

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

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

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

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

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

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

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

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

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

35. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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38 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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39 EXHIBIT C: INSURANCE REQUIREMENTS FOR MOST CONTRACTS Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
40 The insurance policies are to contain, or be endorsed to contain, the following provisions:

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

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

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

Verification of Coverage
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INVITATION FOR BIDS # IFB-00030RB

ON-CALL ROLL-UP DOOR MAINTENANCE & REPAIR SERVICE
41 Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

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

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 2,2026
Date: April 29, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Patrick Crowley, Interim Public Works Director
SUBJECT: First Amendment to Agreement for Fire Safety System Services CONTACT: Gabe DaSilva, Interim Senior Public Works Manager, [email protected], 209-652-2579
DESCRIPTION:

Consider approving a First Amendment to the Agreement with The BGR Group, Inc., Santa Clara, CA for Fire Safety System Services, increasing the Agreement amount by $584,576 through the duration of the Agreement. (Funding Source: Various Funds) 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 of Modesto, Public Works Department, Building Administration and Maintenance Division are responsible for maintaining facilities within the City of Modesto which includes the fire systems within those facilities. Until February 1, 2022, there had not been a city-wide agreement for fire system services which included inspection, testing and maintenance for these systems.

Through the issuance of a Request for Bid (RFB), the Building Administration and Maintenance Division will be able to better manage the Fire Safety Systems within the City of Modesto under a consolidated agreement, rather than several different vendors handling different buildings. There will be additional value of reduced costs through having a city-wide agreement.
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City Council, June 2, 2026
First Amendment to Agreement for Fire Safety System Services

Page 2 of 4 ends

On February 1, 2022, by Resolution 2022-064, Council approved the agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA, for a two-year agreement with three one-year extension options for an estimated annual cost not to exceed $1,024,091 over five years.

DISCUSSION:

On June 28, 2021, the City Manager authorized the Purchasing Manager to solicit the procurement for Fire Safety System Services. On October 5, 2021, the Purchasing Division issued RFB No. 2021-75 for Fire Safety Systems Services under multiple category codes1. Prospective bidders were notified online and via email of the bid opportunity. Eighteen companies chose to download the RFB document.

On November 2, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream2. One vendor responded with a formal bid. No local vendors responded. The Purchasing Division contacted several bid holders to inquire about the reasons they declined to submit bids. Several of the vendors responded that they did not meet the bid requirement for the State Contractor’s Business License stated in the bid documents. Based on providing an overall responsive and responsible bid and the research conducted to evaluate the single bid response, staff recommends the award of bid to The BGR Group, Santa Clara, CA.

City staff are currently working with the results of the Facility Condition Assessment which will allow the City to plan for the deferred maintenance priorities needed to address aging infrastructure. Required maintenance/repair services will greatly improve our ability to avoid unexpected maintenance services. The BGR Group completed the annual inspection of all facility contracted buildings in April of 2024.

National Fire Protection Association (NFPA)72 and 25 codes require properly operating and serviceable Fire Life Safety and Sprinkler systems, and the Occupational Safety and Health Administration (OSHA) require that we maintain an ability to have a percentage of parts on hand for backups. Of the seventeen installed fire alarm systems, The BGR Group has identified five systems for immediate replacement, and a phased replacement approach for the remaining twelve systems in order to obtain compliance with the OSHA and NFPA requirements. Due to replacement amounts, some departments currently do not have funding within this Fiscal Year (FY) so they will be adding them to their Deferred Maintenance budget for next FY. The two Divisions that require immediate system replacement and have funding for this project are listed below:

Parks, Recreation and Neighborhood Department –
(1) Maddox Youth Center (2) McHenry Mansion (3) King Kennedy Memorial Center 1 93609- Alarm Equipment Maintenance/Repair (Fire, Etc.) 99005- Alarm Services 34016- Fire Alarm Systems, Power Sirens, and Controls
2 Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19. #23..
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City Council, June 2, 2026
First Amendment to Agreement for Fire Safety System Services

Page 3 of 4 ends

Utilities Department, Wastewater Division–
(4) Jennings Secondary / Tertiary Treatment Facility (Jennings) (5) Sutter Primary Treatment Facility (Sutter)
These fire alarm systems have been identified for replacement and staff recommend the First Amendment to the Agreement for Fire Safety System Services, increasing the agreement amount to $584,576 for Fire Alarm Panel Repair and Replacement Project.

Modesto Municipal Code Section 8-3.203 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(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope in order to increase efficiency and avoid delays or disruptions to City projects or services. City Staff recommends the First Amendment of Fire Safety Systems Services to include the cost to cover the Fire Alarm Panel Repair and Replacement Project and additional funding to cover the repairs.

FISCAL IMPACT:

Sufficient funds are budgeted in Fiscal Year (FY) 2025-26 to cover this cost for this amendment. Below is a five-year spending history for Fire Safety System Services.

Agreement Year (AY) Total
Year 1 $100,795
Year 2 $96,179
Year 3 $135,982
Year 4 $287,651
Year 5 (YTD) $14,400
Grand Total $635,007
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City Council, June 2, 2026
First Amendment to Agreement for Fire Safety System Services

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Below are the breakdown of departments and sufficient funding that are budgeted in FY 2025-26 to cover the cost for this amendment.

COMMITTEE RECOMMENDATION
This item was presented to the Finance Committee on April 27, 2026, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the First Amendment to the Agreement with The BGR Group, Inc., Santa Clara, CA for Fire Safety System Services, increasing the Agreement amount by $584,576 for a new estimated annual amount of $781,051, and a new total amount not to exceed $1,608,667 through the term of the agreement, and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

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

1. Resolution

2. First Amendment

3. Exhibit B - Quotes for First Amendment

4. CA Levine Act Disclosure form

5. Original Signed Agreement and All Exhibits

6. Assignment and Assumption Agreement

FUNDS PROJECT / ACCOUNT
NUMBER

BUDETED
AMOUNT
Sewer Operations Fund_ Utilities
Department
101649 $361,614
Measure H Fund_ Parks, Recreation and
Neighborhoods Department
0160-35221-53300 $222,962
Total $584,576
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06/02/2026/PW/GDaSilva/Item 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX

RESOLUTION APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE BGR GROUP, INC., SANTA CLARA, CA FOR FIRE SAFETY

SYSTEM SERVICES, INCREASING THE AGREEMENT AMOUNT BY
$584,576 FOR A NEW ESTIMATED ANNUAL AMOUNT OF $781,051 AND A NEW TOTAL AMOUNT NOT TO EXCEED $1,608,667 THROUGH THE TERM

OF THE AGREEMENT, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the City of Modesto, Public Works Department, Building Administration and Maintenance Division are responsible for maintaining facilities within the City of Modesto which includes the fire systems within those facilities; and
WHEREAS, on February 1, 2022, by Resolution 2022-064, Council approved the agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA, for a two-year agreement with three one-year extension options for an estimated annual cost not to exceed $1,024,091 over five years; and WHEREAS, on June 28, 2021, the City Manager authorized the Purchasing Manager to solicit the procurement for Fire Safety System Services.

On October 5, 2021, the Purchasing Division issued RFB No. 2021-75 for Fire Safety Systems Services under multiple category codes. Prospective bidders were notified online and via email of the bid opportunity. Eighteen companies chose to download the RFB document; and
WHEREAS, on November 2, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream. One vendor responded with a formal bid. No local vendors responded. The Purchasing Division contacted several bid holders to inquire about the reasons they declined to #23..
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06/02/2026/PW/GDaSilva/Item 2 2026-XX
submit bids. Several of the vendors responded that they did not meet the bid requirement for the State Contractor’s Business License stated in the bid documents. Based on providing an overall responsive and responsible bid and the research conducted to evaluate the single bid response, staff recommends the award of bid to The BGR Group, Santa Clara, CA; and WHEREAS, National Fire Protection Association (NFPA)72 and 25 codes require properly operating and serviceable Fire Life Safety and Sprinkler systems, and the Occupational Safety and Health Administration (OSHA) require that we maintain an ability to have a percentage of parts on hand for backups; and
WHEREAS, of the seventeen installed fire alarm systems, the BGR Group has identified five systems for immediate replacement, and a phased replacement approach for the remaining twelve systems in order to obtain compliance with the OSHA and NFPA requirements; and
WHEREAS, Modesto Municipal Code Section 8-3.203 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(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope in order to increase efficiency and avoid delays or disruptions to City projects or services.
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06/02/2026/PW/GDaSilva/Item 3 2026-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Agreement with The BGR Group, Inc., Santa Clara, CA for the Fire Safety System Services, increasing the Agreement amount by $584,576 for a new estimated annual amount of $781,051, and a new total amount not to exceed $1,608,667 through the term of the agreement.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of June, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
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06/02/2026/PW/GDaSilva/Item 4 2026-XX
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO AGREEMENT
WITH THE BGR GROUP, INC. FOR FIRE SAFETY SYSTEMS SERVICES This FIRST AMENDMENT to the Agreement for FIRE SAFETY SYSTEMS SERVICES (“AMENDMENT”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and THE BGR GROUP, INC., a California corporation (hereinafter “CONTRACTOR”) as of the ________ day of __________________, 2026.

RECITALS
This FIRST AMENDMENT to Agreement for FIRE SAFETY SYSTEMS SERVICES is made with regard to the following recitals:

WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for FIRE SAFETY SYSTEMS SERVICES on the 7th day of February, 2022 (the "ORIGINAL AGREEMENT"), and WHEREAS, CITY and CONTRACTOR desire to amend the ORIGINAL AGREEMENT by increasing the previously approved total amount not to exceed from $1,024,091 to $1,608,667.

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

1. THE WORK, Section 1, paragraph E, 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 $292,370. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,608,667. 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.

2. 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 FIRE SAFETY SYSTEMS SERVICES by its City Manager and attestation by its City Clerk under the authority of Resolution No. ___________ on the ________ day of ___________, 2026, and THE BGR GROUP, INC. has caused this FIRST AMENDMENT to be duly executed as of the Effective Date. #23..
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Jennings Water Treatment Plant $ 215,069
Sutter Water Treatment. $ 146,545
Total for Utilities $ 361,614
King Kennedy Center $ 90,360
McHenry Mansion $ 15,057
Maddox Youth Center $ 117,545
Total for PRN $ 222,962
Grand Total $ 584,576

PROPOSAL FOR FIRE ALARM PANEL REPAIR REPLACE
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December 19th, 2025

PROPOSAL FOR REPAIR REPLACE
Fire Alarm Panel Repair and Replace Project @ Jennings Water Treatment Plant.

Proposed work:
- Replace Existing Fire Alarm Panel
- Replace all devices (Initiating and Indicating)
The BGR Group will furnish all equipment, schedule, coordinate repair/replace and re-test components. Any items requiring additional repair will be coordinated with City of Modesto staff for further review and process.

THIS PROPOSAL IS AS LISTED AND NOT TO EXCEED. PREVAILING WAGE RATES APPLICABLE.

Note: Total number of devices may change based on design and fire department approvals.

Parts List
$9,860.10
$4,443.60
$2,875.00
$30,532.50
$1,355.85
$0
$16,468.00
$580.00
$21,000.00
- ES-50X Panel 3 @ $3,287.00/ea
- Devices (Approximate)
o Audible / Visuals 12 @ 370.30/ea
o Pull Stations 10 @ 287.50/ea
o Smoke Detectors 59 @ 517.50/ea
o Heat Detectors 3 @ 451.95/ea
o Duct Detectors 0 @ $903.90/ea
o Modules40 @ $411.70/ea
o Power Supplies 2 @ $290/ea
o Conduit/wiring 3500 @ $6.00/ea
o Annunciator 2 @ $1,191.40/ea $2,382.00
$88,919.00
$71,101.00
$50,049.00
Total Parts:

Labor: 593 hrs @ $120.00/hr
Subcontractor (Asneeded): 182 hrs @ $275.00/hr
Plansand Permits:
$5,000.00
Project total: $215,069.00
PROJECT ID#: 6-2025COM101-41
Signatures of approval, henceforth on (Date): ___________ Customer Authorized Agent Signature
Printed Name: _________________________________________ Title: ___________________________________________________ Terms and Conditions:

THIS PROPOSAL DOES NOT INCLUDE ANY ITEMS NOT EXPLICITLY STATED WITHIN. FIRE DEPARTMENT PERMIT FEES, STAMPS OR OTHER ENGINEERED SERVICES ARE NOT INCLUDED. PROPOSAL IS LIMITED TO THE SCOPE PROVIDED, ANY ADDITIONAL ITEMS OR ALTERNATIVE ITEMS, INCLUDING BUT NOT LIMITED TO SCOPE CHANGE WILL REQUIRE A SEPARATE PROPOSAL.

ALL PAYMENTS DUE WITHIN 30 DAYS OF WORK COMPLETION. CONDITIONAL BILLINGS MAY OCCUR. SIGNATURE BY AUTHORIZED AGENT SATISFIES ACCEPTANCE OF TERMS, PRICE, AND SCOPE SPECIFIED. PROPOSALS VALID FOR 45 DAYS FRON ISSUANCE DATE LISTED For Service, Inquiries, or any other information: 24/7 Call: 408-673-8075 email: [email protected] #23..
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JANUARY 7TH, 2O26

PROPOSAL FOR REPAIR REPLACE
Fire Alarm Panel Repair and Replace Project @ Sutter Water Treatment.

NOTE: McHenry Mansion is a Historical Site – any modifications outside of the this general scope of work requested by the AHJ will result in a change order and potential change of prospective completion date(s).

THIS PROPOSAL IS AS LISTED AND NOT TO EXCEED. PREVAILING WAGE RATES APPLICABLE.

Note: Total number of devices may change based on design and fire department approvals.

Parts List
- ES-50X Panel 1 @ $3,287.00/ea $3,287.00
- Devices (Approximate)
• Audible / Visuals 20 @ 370.30/ea $7,406.00
• Pull Stations 5 @ 287.50/ea $1,437.50
• Smoke Detectors 25 @ 517.50/ea $12,937.50
• Heat Detectors 1 @ 451.95/ea $451.95
• Duct Detectors 0 @ $903.90/ea $0
• Modules 20 @ $411.70/ea $8,234.00
• Power Supplies 2 @ $290/ea $580.00
• Conduit/wiring 3500 @ $6.00/ea $21,000.00
• Annunciator 1 @ $1,191.40/ea $1,191.40
$55,945
$58,600
$27,000
Total Parts:

Labor: 488 hrs @ $120.00/hr
Subcontractor (As needed): 99 hrs @ $275.00/hr
Plans and Permits:
$5,000
Project total: $146,545
PROJECT ID#: 6-2025COM101-66
Signatures of approval, henceforth on (Date): ___________ Customer Authorized Agent Signature
Printed Name: _________________________________________ Title: ___________________________________________________ Terms and Conditions:

PROPOSAL FOR REPAIR REPLACE
Fire Alarm Panel Repair and Replace Project @ King Kennedy Center.

THIS PROPOSAL IS AS LISTED AND NOT TO EXCEED. PREVAILING WAGE RATES APPLICABLE.

Note: Total number of devices may change based on design and fire department approvals.

Parts List
- ES-50X Panel 1 @ $3,287.00/ea $3,287.00
- Devices (Approximate)
• Audible / Visual 8 @ 370.30/ea $2,962.40
• Pull Stations 7 @ 287.50/ea $2,012.50
• Smoke Detectors 1 @ 517.50/ea $517.50
• Heat Detectors 0 @ 451.95/ea $0
• Duct Detectors 1 @ $903.90/ea $903.90
• Modules 16 @ $411.70/ea $6,587.20
• Power Supplies 2 @ $290/ea $580.00
• Conduit/wiring 1200 @ $6.00/ea $7,200.00
• Annunciator 1 @ $1,191.40/ea $1,191.40
$24,661.60
39,848.00
Total Parts:

Labor: 332 hrs @ $120.00/hr
Subcontractor (As needed): 76 hrs @ $275.00/hr
Permits and Plans $5,000.00
$20,850.40
$90,360
PROJECT ID#: 6-2025COM101-67
Signatures of approval, henceforth on (Date): ___________ Customer Authorized Agent Signature
Printed Name: _________________________________________ Title: ___________________________________________________ Terms and Conditions:

PROPOSAL FOR REPAIR REPLACE
Fire Alarm Panel Repair and Replace Project @ McHenry Mansion.

THIS PROPOSAL IS AS LISTED AND NOT TO EXCEED. PREVAILING WAGE RATES APPLICABLE.

Note: Total number of devices may change based on design and fire department approvals.

Parts List
o ES-50X Panel 2 @ $3,287.00/ea $6,574.00
o Devices (Approximate)
 Audible / Visuals 24 @ 370.30/ea $8,887.20
 Pull Stations 8 @ 287.50/ea $2,300.00
 Smoke Detectors 13 @ 517.50/ea $6,727.50
 Heat Detectors 3 @ 451.95/ea $1,355.85
 Duct Detectors 8 @ $903.90/ea $7,231.20
 Modules 12 @ $411.70/ea $4,940.40
 Power Supplies 2 @ $290/ea $580.00
 Conduit/wiring 2000 @ $6.00/ea $6,000.00
 Annunciator 1 @ $1,191.40/ea $1,191.40
$45,207
$58,600
$41,250
Total Parts:

Labor: 488 hrs @ $120/hr
Subcontractor (As needed): 150hr @ $275/hr
Plans and Permits:
$5,000
Project total: $150,057
PROJECT ID#: 6-2025COM101-44
Signatures of approval, henceforth on (Date): ___________ Customer Authorized Agent Signature
Printed Name: _________________________________________ Title: ___________________________________________________ Terms and Conditions:

PROPOSAL FOR REPAIR REPLACE
Fire Alarm Panel Repair and Replace Project @ Maddox Youth Center.

THIS PROPOSAL IS AS LISTED AND NOT TO EXCEED. PREVAILING WAGE RATES APPLICABLE.

Note: Total number of devices may change based on design and fire department approvals.

Parts List
- ES-50X Panel 1 @ $3,287.00/ea $3,287.00
- Devices (Approximate)
• Audible / Visuals 24 @ 370.30/ea $8,887.20
• Pull Stations 7 @ 287.50/ea $2,012.50
• Smoke Detectors 4 @ 517.50/ea $2,070.00
• Heat Detectors 0 @ 451.95/ea $0
• Duct Detectors 2 @ $903.90/ea $1,807.80
• Modules 18 @ $411.70/ea $7,410.00
• Power Supplies 2 @ $290/ea $580.00
• Conduit/wiring 1000 @ $6.00/ea $6,000.00
• Annunciator 1 @ $1,191.40/ea $1,191.40
$32,665
$46,880
$33,000
$5,000
$117,545
Title: ___________________________________________________ Total Parts:

Labor: 390 hr @ $120.00/hr
Subcontractor (As needed): 120 hrs @ $275.00/hr
Plans and Permits
PROJECT ID#: 6-2025COM101-45
Signatures of approval, henceforth on (Date): ___________ Customer Authorized Agent Signature
Printed Name: _________________________________________ Terms and Conditions:

ALL PAYMENTS DUE WITHIN 30 DAYS OF WORK COMPLETION. CONDITIONAL BILLINGS MAY OCCUR. SIGNATURE BY AUTHORIZED AGENT SATISFIES ACCEPTANCE OF TERMS, PRICE, AND SCOPE SPECIFIED. PROPOSALS VALID FOR 45 DAYS FRON ISSUANCE DATE LISTED Project Total
#23..
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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.

NO
X
X
#23..
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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
March 18, 2026
The BGR Group
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1 ANNUAL AGREEMENT
THE BGR GROUP, LLC.

FIRE SAFETY SYSTEM SERVICES
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and The BGR Group LLC, hereinafter called

CONTRACTOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2022-____ authorizing the award of bid and contract for the furnishing of Fire Safety System Services to Contractor, , and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto , and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Fire Safety System Services, as described in RFB No. 2021-75 Fire Safety System Services, attached hereto as made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish Fire Safety System Services insofar as such and in strict accordance with the conditions
of the complete Contract.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. #23..
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2 d. CONTRACTOR shall maintain proper insurance with the City for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following contracted rates, for an annual estimated amount for the first year of $292,370. and a total amount not to exceed $1,024,091. over five years.

2. PRICING SCHEDULE: (Exhibit D) subject to prevailing wages.

Prevailing Wages:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contacted within the City standards shall apply.

DIR Project ID #: 397373

3. CITY REPRESENTATIVE:

Contract Administrator is: Patrick Crowley, Facility Manager / Building Administration (209) 342-2274
Purchasing Contact: Kim Presson, Assistant Buyer (209) 577-5375 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 effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

4. TERM OF CONTRACT:

The term of the agreement shall be for a period of two (2) years.

Year 1: February 07, 2022 through February 06, 2023
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3 Year 2: February 07, 2023 through February 06, 2024
Year 3: February 07, 2024 through February 06, 2025
Year 4: February 07, 2025 through February 06, 2026
Year 5: February 07, 2026 through February 06, 2027
Pricing as set forth in D shall remain firm for the first two (2) years of the agreement.

This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties.

Price increases for subsequent contract years, three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one contract year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, sixty (60) days prior to the annual anniversary date of the contract to be effective for the subsequent year.

5. LIABILITY INSURANCE:

CONTRACTOR shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to CITY as may be required by the Risk Manager. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of CITY by registered mail, return receipt requested, for all of the following stated insurance policies. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and $2,000,000, policy aggregate. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to:
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4 premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. (b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers
The Workers Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR S insurance policy(ies) #23..
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5 shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City s additional insured status required herein (both general and automobile liability) as well as a separate endorsement for insurer s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

CONTRACTOR shall provide CITY with separate an endorsement evidencing as to the general liability insurance policy. In
addition, CONTRACTOR shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any
shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY s Risk Manager.

6. PAYMENT:

CONTRACTOR shall invoice CITY monthly. Invoices shall be paid in full #23..
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6 within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected] CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

At a minimum invoice shall state the following:

Reference Annual Agreement # 214002
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, 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, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. 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.
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7 8. ARBITRATION:

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, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The Arbitrator will not award damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California.

Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

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

10. COMMENCEMENT AND COMPLETION OF THE WORK:
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8 The work contemplated herein shall be commenced after the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management); and
Business License; and
Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar day written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Contractor shall:
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9 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 Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Contractor in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. The Contractor understands and agrees that City may, in City's sole #23..
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10 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.

City will pay Contractor an amount based on the percentage of satisfactory work 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:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subcontractor agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work 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.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her tractor shall appeal by notifying the City Clerk
in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.
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11 12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the work described, designated and shown upon the plans herein referred to, 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. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
a. Resolution No. 2022-_______;
b. CONTRACTOR submittal;
c. RFB No. 2021-75 Fire Safety System Services;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

Any notice, payment or instrument required or permitted by this Contract 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: The BGR Group LLC
2784 Homestead Rd, Unit 299
Santa Clara, CA 95051

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12 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.

15. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.

16. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. 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.

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this contract.

20. 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 f olling and are deemed accepted by CONTRACTOR
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13 by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

21. PARTIAL INVALIDITY:

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

WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2022-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________,2022 and _____________________has caused this Agreement to be duly executed. #23..
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Exhibit B
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1 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75
FOR

FIRE SAFETY SYSTEMS SERVICES

THE PAYMENT OF PREVAILING WAGE IS REQUIRED
BID OPENING: OCTOBER 26, 2021 at 11:00 A.M.

CITY OF MODESTO CONTACT: Yer Tapia, Buyer
E-MAIL ADDRESS: [email protected]
PHONE: (209) 571-5839
Exhibit C #23..
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2 CITY OF MODESTO
REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

TABLE OF CONTENTS
Page
. Notice to Bidders .................................................................................................... 3 . City Contacts .......................................................................................................... 4 . Calendar of Events.................................................................................................. 4 . Offer and Acceptance ............................................................................................. 4

REQUIRED DOCUMENT
. Bid Acknowledgement (Signature Form) ............................................................ 6 . Pricing Schedule Exhibit A (Signature Form) .................................................. 7 . Exceptions, Clarifications, Amendments ............................................................... 8 . References......................................................................................................... 9-10 . Financial Interest Disclosure (Signature Form) ........................................... 11-13 . Support of Local Vendors .................................................................................... 14 . Addenda Acknowledgement Page (if applicable) ............................................... 15 . Company History Statement ................................................................................ 16

TECHNICAL SPECIFICATIONS AND REQUIREMENTS
. Scope of Services .................................................................................................. 17 . General Specifications .................................................................................... 17-24 . Prevailing Wages .................................................................................................. 25 . Insurance Requirements ................................................................................. 25-26 . Warranty Statement .............................................................................................. 28

GENERAL TERMS AND CONDITION
. Bid Submittal ........................................................................................................ 29 . Acceptance/Rejection of Irregular Bids ............................................................... 29 . Complete Bid Document ...................................................................................... 29 . Compliance / Non-Compliance ............................................................................ 30 . Pricing Format ...................................................................................................... 30 . Pricing Schedule ................................................................................................... 30 . Award of Bid ........................................................................................................ 30 . Term of Contract .................................................................................................. 31 . Quantities .............................................................................................................. 31 . Funding ................................................................................................................. 31 . Termination of Services ....................................................................................... 32 . Protest and Appeal Procedures ....................................................................... 33-37 . Payment ................................................................................................................ 37

ATTACHMENTS
. Sample Agreement ......................................................................................... 38-52 #23..
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3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive at the bids for the furnishing of Fire Safety
System Services for the City of Modesto, Various Divisions. All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto. Bids shall be submitted on the bid sheet and shall http://www.modestogov.com/257/Contracting-BidOpportunities; such bids shall include all necessary specifications. It is highly recommended all bid documents be site.
later than Tuesday, October 26, 2021 at 11:00 A.M., at which time bids will be opened, read and recorded. 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.

Bidders are hereby notified that pursuant to Section 1770 et seq. of the Labor Code of the State of California, the Director of Industrial Relations of the State of California has ascertained the general prevailing rate of hourly wages and rates for legal holidays and overtime work in the locality where this work is to be performed, for each craft or type of worker or mechanic needed to execute the contract which will be awarded to the successful bidder.

It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him/her, to pay not less than the said specified rates to all laborers and mechanics employed by them in the execution of the contract.

Bids will be received only at the address shown above, and prior to the time indicated. Any bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the bidder unopened.

All bids, whether delivered by an employee of the bidder, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to t considered the official timepiece for the purpose of establishing the actual receipt of bids. The City of Modesto assumes no responsibility for delay in the delivery of the bid.

On the outside of both the bid envelope and courier envelope, the bidder shall indicate the following:

NAME AND ADDRESS OF BIDDER
SPECIFICATION NUMBER 2021-75

FIRE SAFETY SYSTEM SERVICES
BID OPENING DATE: OCTOBER 26, 2021 AT 11:00 A.M.

MAIL TO: CITY CLERK COURIER TO: CITY CLERK

CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET, SUITE 6600
MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all bids or to waive any informalities or minor irregularities in a bid.

No bidder may withdraw his/her bid for a period of sixty (60) days after the date set for the opening thereof. #23..
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4 CITY CONTACTS
All questions regarding these specifications, terms, and conditions shall be submitted in writing to Yer Tapia, Buyer, via email at [email protected].

All contacts during the bid process shall be through the Purchasing Division. Attempts by the bidder to contact department representatives may result in disqualification of the bidder from the bid process.

CALENDAR OF EVENTS
Event Date
Bid Issued OCTOBER 5, 2021
Written Questions Due OCTOBER 12, 2021
Addendum Issued (if required) OCTOBER 19, 2021
Response Due BEFORE 11:00 A.M. on Tuesday, OCTOBER 26, 2021 Bid Award Date Approximately JANAURY, 2022
Note: Deliver or mail bids to the referenced address, only, as indicated in the Notice to Bidders.

It is the responsibility of each bidder to be familiar with all of the specifications, terms and conditions and the site condition (if applicable). The bidder agrees and acknowledges all RFB/Q 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 they will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.

OFFER AND ACCEPTANCE:

Seller represents his/her acceptance to provide products and/or services as follows: City's offer to purchase products and/or services is expressly conditioned upon Seller's assent to the terms and conditions set forth in City purchase order documents, specifications, supporting data, and these articles. Seller agrees that Seller's Order Acknowledgement terms and conditions received prior to, during, or after order placement by City are hereby rejected. City purchase orders signed by the City's Purchasing Manager or his designated agent and issued to Seller constitutes written notification to Seller of City's rejection of any and all of Seller Order Acknowledgements, counter offers and change to the City's terms and conditions.
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5 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

BID SUBMITTAL CHECKLIST
The bidder shall provide a complete bid in a sealed envelope before 11:00 A.M. on the bid opening date. Failure to provide all the required documents may cause the bid to be considered non-responsive.

COMPLETE BID Page No.
. Bid Acknowledgement (Signature Form) ............................................................ 6 . Pricing Schedule Exhibit A (Signature Form) .................................................. 7 . Exceptions, Clarifications, Amendments (if applicable) ....................................... 8 . References......................................................................................................... 9-10 . Financial Interest Disclosure Form (Signature Form) ................................. 11-13 . Support of Local Vendors (if applicable) ............................................................. 14 . Addenda Acknowledgement Page (if applicable) ............................................... 15 . Company History Statement ............................................................................... 16 . Warranty Statement ............................................................................................. 28 #23..
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6 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

BID ACKNOWLEDGEMENT
The City is soliciting bids from qualified Bidders to furnish its requirements per the specifications, terms and conditions contained in the above referenced bid number.

This Bid Acknowledgement must be completed, signed by a responsible officer or employee, dated and submitted with the bid response. Obligations assumed by such signature must be fulfilled.

1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the bid. (b) Quote price as specified in bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.

2. Failure to Submit Bid: If you are not submitting a bid but want to remain on the mailing list and receive future bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.

3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFB, 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 Agencies; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the Agencies are exempt from certain Federal excise taxes. The Agencies will furnish an exemption certificate.

4. Award: (a) Unless otherwise specified by the bidder or the RFB 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 at any time within thirty (30) days of opening, unless otherwise specified in the RFB. (c) A valid, written purchase order mailed, or otherwise furnished, to the successful bidder within the time for acceptance specified results in a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

5. Patent Indemnity: 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.

6. Samples: 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

7. Rights and Remedies of Agencies for Default: (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 so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to vendor 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 Agencies provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

8. Discounts: (a) Terms of less than ten (10) days for cash discount will be considered as net. (b) In connection with any discount offered, time will be computed from date of complete, satisfactory delivery of the supplies, equipment or services specified in the RFB, or from date correct invoices are received by the City at the billing address specified, if the latter date is later than the date of delivery. Payment is deemed to be made, for the purpose of earning the

9. California Government Code Section 4552: In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body 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 goods, 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 tenders final payment to the bidder.

10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in on this order.

11. Failure to furnish one
THE undersigned acknowledges receipt of the referenced RFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the bidder indicated below, in accordance with the specifications, terms and conditions of this RFB and Bid Acknowledgement, for the pricing indicated on the Pricing Schedule.

Firm:

Address:

City/State/Zip:

Signature/Title/Date:
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7 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

PRICING SCHEDULE
See a schedule.
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8 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

EXCEPTIONS, CLARIFICATIONS, AMENDMENTS
Exceptions, Clarifications, Amendments
List requests for bid clarifications and exceptions below, if any, sign and submit with your bid response. This form is not required to be returned, unless an Exception, Clarification, or Amendment is requested by the bidder. Any requested exception, clarification or amendment may not be accepted and may deem the bidder as non-responsive.

Item No. Reference To: Description
Page No. Paragraph No.

Company Name (Bidder):
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9 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

REFERENCES
All Bidders must provide a list of five (5) current of former clients in the area provided below, identifying prior experience with the same type of products requested by the City under Scope of Work. References shall have similar volume and requirements to those outlined in these specifications, terms and conditions. Bidders failing to provide references shall be deemed unacceptable and declared non-responsive.

The City may contact some or all of the references provided i record on work and equipment similar to that described in this bid. The City reserves the right to contact references other than those provided in the response and to use the information gained from them in the award process.

Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code:

Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
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10 Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name:

Address:

City, State, Zip Code
Contact Person:

Email Address:

Telephone Number:

Type of Business:

Date of Service:

Annual Contract Value $
Company Name (Bidder):
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11 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

FINANCIAL INTEREST DISCLOSURE

REQUIRED DISCLOSURE BEGINNING THE COUNCIL MEETING
OF JANUARY 7, 2003
The ordinance requiring financial interest disclosure by all parties having a direct or indirect interest of $2,000 or more (except for certain publicly traded companies) will be effective at the Council meeting of January 7, 2003. This means that any Council action on a contract, agreement or development right must be accompanied by a 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 Agenda Items without the DISCLOSURE will be removed from the Council Agenda.

FinDisclosure12-19
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12 FINANCIAL INTEREST DISCLOSURE
All persons included within the meaning of either of the following tests have a material financial interest in an agreement, or application for development rights, submitted for approval or disapproval by the City Council, and shall be identified by the applicant, by name.

Tests of Materiality:

1. Whether it is foreseeable to a reasonable person that the value of their interest in property available for use by an applicant, or their interest in the applicant itself, may increase or decrease by an amount greater than $2,000.00 as a direct or indirect result of Council action on the

2. Whether it is foresee
applicant may increase or decrease by a sum greater than $2,000.00 as a direct or indirect result of Council action on the agreement or application for development rights.

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 agreement or application or development rights is true, correct and complete.

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.

By signing this document I agree to the information contained within.

COMPANY NAME: ____________________________________________________

__________________________________
__________________________________

__________________________________ Applicable Names: DATE:
(See attached list)
Questions concerning the application of either test to particular facts should be resolved in advance of Council action by agreement with the department head recommending approval of its agreement/application.

DIRECTOR
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13 FINANCIAL INTEREST DISCLOSURE
COMPANY NAME: __________________________________________ NAMES
Signature / Print:

Signature / Print:

Signature / Print:
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14 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

SUPPORT OF LOCAL VENDORS

REQUEST FOR DECLARATION
of

LOCAL BUSINESS
Should the bidder that submits the lowest responsive bid or quote 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 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 or quote of the lowest bidder in writing within five (5) 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.

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.

I declare I am a local business per the above criteria

SUPPORT OF LOCAL VENDORS

DECLARATION OF ELIGIBILITY
Under penalty of perjury, The Undersigned declares that the foregoing information is true and correct:

Print/Type Name:

Title:

Signature:

Date:

Company Name:

Street Address:

Telephone Number:

Business License Number:
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15 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

ADDENDA ACKNOWLEDGEMENT
The bidder shall check the RFB listing on the City PlanetBid website, periodically, and in any event, no later than the day prior to bid opening to obtain any addenda information. The changes identified in the addenda modify this request for bid and specifications. The addenda now become a part of this request for bid and specifications. Signing the Bid on the signature portion thereof, the bidder is acknowledging that the bidder has confirmed that he or she has received all addenda issued for this request for bid and specifications, and has included costs for such in the bid submitted. Failure to list and acknowledge all addenda numbers may cause the bid to be considered nonresponsive. Do not attach any of the addenda to this sheet nor include them with the bid.

This document is only required to be returned should addenda have been issued.

The Bid is submitted with respect to the changes to the request for bid and specifications included in addenda numbers:

LIST ALL ADDENDA
NUMBERS:_____________________________________________________ Company Name (Bidder):
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16 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

COMPANY HISTORY STATEMENT
Your company shall have been in business for a minimum of three (3) continuous years (immediately prior to the time of the RFB submittal date) providing the types of products requested herein.

The company history statement shall be prepared on company letterhead and provided with the bid submittal.
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17 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

1.0 SCOPE OF WORK:

The City of Modesto is seeking bids for a contractor to provide all labor, equipment, material and all administrative time necessary to perform inspections, testing, maintenance, repairs, and relocation/installation of new/existing sprinklers or lines of fire sprinklers wet/dry, pre-action fire systems, fire pump systems, and electronic fire alarm control systems as required per National Fire Protection Association (NFPA) 10, 25 and 72 standards for various City Facilities.

Contractor shall warranty all labor and material for a period of twelve (12) months from the date(s) of service. Any damage to building and grounds directly related to work performed is the responsibility of the Contractor.

1.1 GENERAL SPECIFICATIONS:

The City of Modesto operates and maintains over forty-seven (47) facilities throughout the City limits that have fire systems. This contract is in support of these facilitates and equate to approximately 500,000 square feet.

1.1.The fire alarm systems include local, networked, voice, and visual functions.

1.2.All inspections on this contract include maintenance and testing procedures according to NFPA 13 (Sprinkler), 17 (Dry Chemical), 17A (Wet Agents), 25 (Pump, Sprinkler) 72 (Fire Alarm), 70 (NEC), Articles 760 (Wiring), and 96 (Exhaust).

1.3. may be
required to pass a police background check and provide proof prior to performing any

1.4.Contractor must send experienced and qualified personnel who are able to perform the requested services. The City of Modesto reserves the right to reject Contractor personnel who are unable to perform the requested services in a timely manner. If Contractor personnel are rejected, the Contractor must send a properly qualified replacement to complete the services within the required response times as noted in section 3. The rejected personnel shall not be dispatched to the City of Modesto again without prior

1.4.1. Sprinkler fitters performing repairs, testing, inspection, maintenance, and relocation/installation of various fire sprinkler and suppression systems are to be at the Journeyman Level.

1.4.2. Electronic fire alarm technicians performing repairs, testing, inspection, maintenance, and relocation/installation of various electronic fire alarm systems and components are to be factory certified on such equipment, and possess a minimum NICET Level II certification in Fire Alarm Systems, or are to be directly supervised by persons with such credentials.

1.5.All equipment that is replaced after authorization by the City of Modesto, must be replaced with like equipment throughout the City.

1.6.The City will not pay trip charges. Any anticipated costs for mileage should be

1.7.The City will not accept any Change Orders that do not directly result from the City altering the scope of work of this agreement.
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18 1.8.Contractor must contact designated City representative(s) BEFORE arriving at job site and commencing work.

1.9.All contracted work performed will be authorized by the designated City representative(s) prior to commencement on each day work is to be performed.

1.10. Contractors shall wear a company uniform and company identification badge while they are onsite performing work.

1.11. Contractors shall drive clearly marked vehicles displaying company name and information while performing services on City property.

1.12. Contractor shall coordinate all aspects of job with designated City representative(s).

1.13. The majority of work is to be performed between the hours of 7:00 A.M. through 3:30 P.M. (Monday Friday) unless otherwise scheduled in advance. In order to prevent business interruption, the designated City representative(s) is authorized to request that no alarm causing input devices be tested during occupied hours while the City is conducting work. This may require flexibility on the Cont perform work in approved facilities or to conduct non-alarm causing device or auxiliary testing until such business activities have concluded and designated City representative(s) approval is granted. Any anticipated costs for delayed inspections

1.14. Contractor shall provide up to twenty (20) hours of on-site end user systems training per year at no additional charge. These hours are to be scheduled through the designated City representative(s) and should be for the onboarding and continued education of City staff on the proper operation and maintenance of fire alarm, sprinkler, suppression and pre-action systems.

1.15. Only new, original equipment manufacture (OEM) parts, components, or Underwriters Laboratory certified listed products are to be installed on City premises.

1.16. representative(s) requesting service, and a complete breakdown of all charges, including materials.

1.17. Additional or emergency service work not otherwise outlined in the bid specifications are to be charged on a time and materials basis per bid labor rates and materials markup (cost plus percentage markup).

1.17.1. Labor rates will begin from time of arrival at the job site, and no travel costs will be allowed under the terms of the contract.

1.17.2. The City will pay for actual hours worked in fifteen (15) minute increments after the first hour.

1.17.3. Written quote for repairs discovered during inspections must be provided to the designated City representative(s) within five (5) calendar days of completion of the inspection.

1.18. st remain on-site
upon declaring a system nonfunctional and notify the designated City representative(s) immediately via telephone for direction.

2. Response Times

2.1.Contractor shall provide a 24-hour, 7 day per week, 365 days per year emergency services with a two (2) hour maximum response time from time of notification to arrival on site.

2.1.1. Contractor shall provide an Emergency Contact.
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19 2.2.Contractor shall respond to the designated City representative(s) within twenty (24) hours from time of notification for non-emergency services.

3. Reporting Requirements

3.1.Provide multiple copies of inspection/service report in accordance with applicable NFPA standards.

3.2.Provide copy of inspection report to the designated City representative(s) within thirty (30) days of inspection via email or web access service. The designated City representative(s) reserves the right to validate all submitted inspection reports against the

3.3.Contractor shall provide both written and electronic reports of all inspection results as recognized by state and local authorities having jurisdiction and most major insurance companies.

3.4.Reports are to provide itemized counts of all associated devices in the facility, along with a detailed summary of which devices were tested on that visit, and the status of any deficiencies discovered.

3.5.Each report should contain a cover page or summary section that provides an overview of inspection progress to date versus annual completion.

4. Scope of Work for Inspection, Testing, and Maintenance

4.1.FIRE PUMP INSPECTIONS (all that is applicable)

4.1.1. Inspection and Testing

4.1.2. Check pump house heating

4.1.3. Visually check fire pump system

4.1.4. Check suction, discharge and bypass valves

4.1.5. Check suction and discharge pressure gauge readings during fire pump operating testing

4.1.6. Check controller power is on and transfer switch is in normal position

4.1.7. Check fuel level and battery condition

4.1.8. Check pressure on all fire pump gauges

4.1.9. Check all valves to make sure they are in open position

4.1.10. Perform fire pump operating test

4.1.11. Check packing gland tightness

4.1.12. Check controller timer for proper shutdown of the fire pump

4.1.13. Verify setting of relief valve

4.1.14. Operate water flow and alarm switches

4.1.15. Service hydraulic system

4.1.16. Service mechanical transmission

4.1.17. Service motor

4.1.18. All inspections on this contract shall include maintenance and testing procedures according to NFPA 13, 13A, 72A, 72C, 72E, 72F, 72H, 70: Article 760 and 1963 (Hose Caps).

5.1 FIRE SUPPRESSION SYSTEM MAINTENANCE

5.1.1 SEMI-ANNUAL CHEMICAL SUPPRESSION TO INCLUDE (all that is applicable)

5.1.1.1.1 Inspect and Test Electrical Equipment

5.1.1.1.2 Control Panel all functions

5.1.1.1.3 Graphic Annunciation Panel proper illumination #23..
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20 5.1.1.1.4 Detection

5.1.1.1.5 Clean detectors (material included)

5.1.1.1.6 Check detector sensitivity

5.1.1.1.7 Test alarm modes (sequence)

5.1.1.1.8 Operate time delay mode (60 seconds max)

5.1.1.1.9 Manual Releases Pull Stations

5.1.1.1.10 Audible/Visual Alarm Devices

5.1.1.1.11 Releasing Devices electrical actuator

5.1.1.1.12 Pressure Switch (City permission required)

5.1.1.1.13 Equipment shut down (City permission required)

5.1.1.1.14 HVAC; Fan Shut Down (City permission required)

5.1.1.1.15 Abort station operation

5.1.1.1.16 Check battery back up

5.1.2 Inspect and Test Mechanical Equipment

5.1.2.1 Weight Cylinders Check Liquid Levels

5.1.2.2 Check Tank Pressures

5.1.2.3 Check Present Piping Against Prints

5.1.2.4 Check all Nozzles Caps

5.1.2.5 Record hydrostatic test dates (Cylinders)

5.1.2.6 Releasing Devices Mechanical, Pneumatic

5.1.3 Miscellaneous

5.1.3.1 Check EPO operation (City permission required)

5.1.3.2 Bell striker adjustment

5.1.3.3 Check magnetic door holder

5.1.3.4 Check damper operation

5.1.3.5 Battery charger adjustment

5.1.3.6 Check for room integrity

5.1.4 System Certification

5.1.4.1 Panel Certification Sticker

5.1.4.2 Tag each cylinder

5.1.4.3 Add tamper devices (seals)

5.1.5 All inspections on this contract shall include maintenance and testing procedures according to NFPA 12A, 10, 72, 72E, NFPA 70 Article 760, 96 and 101.

5.2 QUARTERLY PREACTION SYSTEM INSPECTIONS
(all applicable annual items in NFPA 25, which also include the below)

5.2.1 Control Valves Identification Signs

5.2.2 Control Valves Inspection

5.2.3 Water Flow Alarm Devices

5.2.4 Supervisory Devices

5.2.5 Gauges (Pre-Action Valves)

5.2.6 Air Pressure

5.2.7 Water Supply Pressure

5.2.8 Detection System (Pilot Line) Air Pressure

5.2.9 Hydraulic Design Information Signs (for hydraulically designed systems)

5.2.10 General Information Sign (not required for system prior to 2007 edition of NFPA 13)

5.2.11 Heat Tape

5.2.12 Spare Sprinklers
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21 5.2.13 Fire Department Connections

5.2.14 Pre-Action Valves Exterior Inspection

5.2.15 Pressure Reducing Valves

5.2.16 Master Pressure Reducing Valves

5.2.17 Backflow Preventers

5.3 ANNUAL PREACTION SYSTEM INSPECTIONS
(all applicable annual items in NFPA 25, which also include the below)

5.3.1 Low Temperature Alarms

5.3.2 Sprinklers

5.3.3 Pipe and Fittings

5.3.4 Hangers

5.3.5 Seismic Bracing

5.3.6 Buildings (Freeze Protection)

5.3.7 Low Temperature Alarm Test

5.3.8 Field Service Test Required (Send report to designated City representative(s))

5.3.9 Recalled Sprinklers

5.3.10 Waterflow Alarm Devices 90 Second Maximum

5.3.11 Main Drain Test

5.3.12 Priming Water Level Test

5.3.13 Pre-Action Valve Trip Test

5.3.14 Valve Trip Time

5.3.15 Manual Actuation Device Test

5.3.16 Low Air Pressure Alarm Test

5.3.17 Low Temperature Alarm Test

5.3.18 Automatic Air Pressure Maintenance Device Test

5.3.19 Control Valve Operation

5.3.20 Valve Supervisory Devices

5.3.21 Backflow Preventer Assemblies

5.3.22 PRV Partial Flow

5.3.23 Control Valves

5.3.24 Air Leaks Repaired

5.3.25 Pre-Action Valve Interior Inspected and Cleaned

5.3.26 Low Points in System Drained

5.4 QUARTERLY FIRE SPRINKLER INSPECTIONS
(all applicable quarterly items in NFPA 25, which also include the below)

5.4.1 Control Valves Identification Signs

5.4.2 Control Valves Inspection

5.4.3 Water Flow Alarm Devices

5.4.4 Supervisory Devices

5.4.5 Gauges (Wet Pipe Systems)

5.4.6 Enter Water Supply Pressure Below Riser Check

5.4.7 Enter Water Supply Pressure Above Riser Check

5.4.8 Pressure Readings Acceptable

5.4.9 Hydraulic Design Information Signs (for hydraulically designed systems)

5.4.10 General Information Sign (not required for system prior to 2007 edition of NFPA 13)

5.4.11 Heat Tape
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22 5.4.12 Spare Sprinklers

5.4.13 Fire Department Connections

5.4.14 Alarm Valves Exterior Inspection

5.4.15 Pressure Reducing Valves

5.4.16 Backflow Preventers

5.4.17 Small Hose Connections Hose Valve

5.4.18 PRV Fire Sprinkler Systems

5.5 ANNUAL FIRE SPRINKLER INSPECTIONS
(all applicable annual items in NFPA 25, which also include the below)

5.5.1 Sprinklers

5.5.2 Buildings (Freeze Protection)

5.5.3 Pipe and Fittings

5.5.4 Hangers

5.5.5 Seismic Braces

5.5.6 Field Service Test Required (Send report to the designated City representative(s))

5.5.7 Recalled Sprinklers

5.5.8 Water Flow Alarm Devices (90 sec. maximum, enter time)

5.5.9 Main Drain Test

5.5.10 Control Valve Position

5.5.11 Control Valve Operation

5.5.12 Supervisory Devices

5.5.13 Backflow Preventer Assemblies

5.5.14 Small Hose Connections (with PRV hose valves partial flow test)

5.5.15 PRV Fire Sprinkler Systems

5.5.16 Control Valves

5.5.17 Small Hose Connections

5.5.18 Obstruction Investigation

5.5.19 System returned to Service

5.6 FIVE YEAR FIRE SPRINKLER INSPECTIONS
(all applicable 5-year items in NFPA 25, which also include the below; Cycles of 5-year inspections are to be coordinated with the designated City representative(s))

5.6.1 Control Valves Identification Signs

5.6.2 Control Valves Inspection

5.6.3 Waterflow Alarm Devices

5.6.4 Supervisory Devices

5.6.5 Gauges (Wet Pipe Systems)

5.6.6 Hydraulic Design Information Sign (for hydraulically designed systems)

5.6.7 Water Supply Pressure Below Riser Check

5.6.8 Water Supply Pressure Above Riser Check

5.6.9 Pressure Readings Acceptable

5.6.10 General Information Sign (not required for system prior to 2007 edition)

5.6.11 Heat Tape

5.6.12 Spare Sprinklers

5.6.13 Fire Department Connections

5.6.14 Alarm Valves Exterior Inspection

5.6.15 Pressure Reducing Valves

5.6.16 Backflow Preventers
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23 5.6.17 Small Hose Connections Hose Valve

5.6.18 PRV Fire Sprinkler Systems

5.6.19 Buildings (Freeze Protection)

5.6.20 Sprinklers

5.6.21 Sprinklers Accessible Concealed Space

5.6.22 Pipe and Fittings

5.6.23 Pipe and Fittings Accessible Concealed Space

5.6.24 Hangers

5.6.25 Hangers Accessible Concealed Space

5.6.26 Seismic Braces

5.6.27 Seismic Braces Accessible Concealed Space

5.6.28 Unsprinklered Areas

5.6.29 Field Service Test Required

5.6.30 Recalled Sprinklers

5.6.31 Water Flow Alarm Devices (90 seconds maximum time)

5.6.32 Main Drain Test

5.6.33 Control Valve Position

5.6.34 Control Valve Operation

5.6.35 Supervisory Devices

5.6.36 Backflow Preventer Assemblies

5.6.37 Small Hose Connections with PRV Hose Valves Partial Flow Test

5.6.38 PRV Fire Sprinkler Systems

5.6.39 Pressure Gauges Calibration

5.6.40 Small Hose Connections

5.6.41 Check Valves Internal Inspection

5.6.42 Control Valves

5.6.43 FDC Backflush

5.6.44 Internal Pipe Inspection

5.6.45 Obstruction Investigation

5.6.46 System Returned to Service

5.7 SEMI ANNUAL ELECTRONIC FIRE ALARM SYSTEM INSPECTIONS (all applicable semi-annual items in NFPA 72, which also include the below)

5.7.1 Testing of sprinkler waterflow switches (flow water)

5.7.2 Testing of sprinkler valve tamper switches (operate valves)

5.7.3 Test and visual inspection of system batteries

5.8 ANNUAL ELECTRONIC FIRE ALARM SYSTEM INSPECTIONS
(all applicable annual items in NFPA 72, which also include the below)

5.8.1 5.8.2 Test of all system sequences of operation in accordance with fire alarm drawing matrix

5.8.3 Test panel battery charger

5.8.4 Test and visual inspection of system batteries

5.8.5 Test and visual inspection of audible and visual notification devices

5.8.6 Test and visual inspection of smoke detectors

5.8.7 Test and visual inspection of heat detectors

5.8.8 Test and visual inspection of duct smoke detectors

5.8.9 Test and visual inspection of manual pull stations #23..
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24 5.8.10 Test and visual inspection of electromechanical releasing devices (solenoids)

5.8.11 Test and visual inspection of voice evacuation equipment

5.8.12 Test and visual inspection of audio override of paging system notification system for proper system audibility (if equipped)

5.8.13 telephones and telephone jacks

5.8.14 Test and visual inspection of all fire alarm system printers, annunciators and display terminals

5.8.15 Test and visual inspection of all system outputs (door holder release, elevator recall, alternate recall, shunt trip, HVAC shutdown, etc.)

5.8.16 Test and visual inspection of one quarter (25%) of all building(s) Fire Smoke Dampers, so as to reach 100% completion every four (4) years.

5.8.17 Test and visual inspection of all monitoring communication equipment and verification of signals sent and received

5.8.18 Verification of device naming conventions in the fire alarm system versus their physical locations.

5. Deficiency Repairs

5.1.Contractor shall make provisions for labor, material, parts and equipment for the repair and replacement of any failed system parts or components, or the correction of any system deficiencies.

5.2.Contractor shall present corrections in a proposal format detailing projected costs.

5.3.All deficiency repair costs must be approved by the designated City representative(s) in advance of initiating any work (Task Order).

6. Fire Alarm System As-built Drawing Updates

6.1.Contractor shall perform redlining of as-built drawings during their inspections, indicating the correct locations of any electronic fire alarm system devices or fire smoke dampers that do not appear on the drawings in the manner in which they are installed.

At the end of the annual inspection cycle, these redlined drawings are to be updated in CAD, and a new master copy of the as-built drawings are to be provided along with any annual completion documentation.

7. Ceiling Tile Labeling of All In-Ceiling Dampers and Detectors

7.1.Contractor shall ensure that the T-Bar adjacent to ceiling tiles used to access in ceiling smoke detectors, duct smoke detectors or fire smoke dampers is appropriately labeled so as to indicate the type of device immediately above, and the address of such devices, if applicable.

1.3 CITY REPRESENTATIVE:

Work under any resulting contract shall be performed under the general technical guidance and direction of the City "City Representative". The City Representative is not authorized to commit the City to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effected only by written change to the agreement, issued by the City of Modesto, Purchasing Division.
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25 1.4 PREVAILING WAGES:

The payment of prevailing wages is required under this contract and all provisions of Section

7.04 of the General Provisions contained within the City standards shall apply.

1.5 CALIFORNIA LABOR CODE SECTION 1771.1 (a)
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

Workers must be paid no less than the prevailing wage rate as published by the DIR, and Contractor shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.dir.ca.gov, or call the DIR, Labor Research and Statistics Unit, Prevailing Wage Unit at (415)-703-4774.

1.6 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. The successful bidder shall maintain a City of Modesto business license for the duration of the agreement.

1.6.1 CALIFORNIA CONTRACTORS LICENSE:

If the bidder is furnishing any labor or service including installation or maintenance, the bidder mitted. A
specified, that which is otherwise required by law, and qualifies the Contractor to do business in the State of California. Bidder shall indicate his/her license(s) number and expiration date on the Pricing Schedule.

1.7 INSURANCE:

The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.

A. General Liability - insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and $2,000,000 policy aggregate.

The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations.
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26 B. Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.

C. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, it agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.

The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.

The CONTRACTOR's insurance policy(ies) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A: VII or with approval of the Risk Manager.
insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall CONTRACTOR shall either require any subcontractor to procure and to maintain during the term of the subcontract all insurance in the amounts specified above, or shall insure the activities of subcontractors in the policy specified above. The limits of liability required may vary, depending on the type of permit or contract.

The successful bidder shall maintain proper insurance with the City for the duration of the contract.

1.8 :

Until the formal acceptance of the work by the City Representative, the Contractor shall be responsible for and have care, custody, and control of the work and of the parts, materials and equipment to be used therein, including parts, materials and equipment delivered to the work site. The Contractor shall bear full risk of loss, injury or damage to any part of the work and parts, material or equipment by action of the elements, or from any other cause, whether arising from the execution or non-execution of the work. The Contractor shall rebuild, repair, restore #23..
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27 and make whole, all loss or damage to any portion of the work, parts or materials, before final acceptance, and shall bear the expense thereof, except for such loss or damage caused by the acts of the City, State, or Federal Government, or by an act of God as defined in Section 4150 of the California Government Code.

Suspension of work for any cause whatsoever shall not relieve the Contractor of his/her responsibility for the work or parts and materials as specified on the work request.

The Contractor shall be responsible for and remedy all defects arising from faulty, improper or inferior workmanship, or parts and materials discovered in any part of the work, during one year after the completion and acceptance of the work.

The Contractor shall be responsible for any damage his/her activities cause to adjacent public or private property. The Contractor shall take all measures necessary to protect the surrounding area from debris or other damage resultant from the project activities.

1.9 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

If upon initial inspection the product or service is found to be defective in its construction or deficient in any of the requirements of this specification, the supplier shall remedy or remove said product in an acceptable manner at the supplier's expense. No compensation shall be allowed for such correction of product, labor, or transportation of product.

1.10 EXPANSION OR REDUCTION OF AREA REQUIRING SERVICE:

A. The City reserves the right to expand or reduce the sites maintained by the Selected Proposer under any resulting contract at any time for reason of further expansion, new construction, or reduction.

B. City shall notify the Selected Proposer in writing thirty (30) calendar days prior to any type of change in service.

C. Any expansion or reduction in the contractual service area for City facilities shall also result in adjustment of the monthly payment. On a reduction of service, charges will be deducted on a pro-rata basis based on the quoted pricing.

1.11 CHARACTER OF WORKERS:

If any person employed by the Contractor fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the job on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City job.

1.12 LABOR FORCE AND SUPERVISION:

The Contractor shall provide sufficient labor at all times to carry out the work properly and shall ensure that competent workers who are skilled in the type of work required are employed. The Contractor shall ensure that supervision is provided at all times while any work under this agreement is being performed. If, in the judgment of the City, any person is incompetent or disorderly, Contractor shall promptly remove such person from the work for the duration of the agreement.
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28 1.13 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.

1.14 CLEANUP:

Prior to requesting a final inspection, the Contractor shall carefully clean up and remove all 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. All plant piping used to transport material from the work area shall be flushed at the completion of the work. 1.15 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.

1.16 WARRANTY STATEMENT:

Bidder shall attach to his/her bid proposal a written statement detailing the materials and workmanship warranty, term and conditions.

The warranty statement shall be prepared on company letterhead and provided with the bid submittal.

Notwithstanding any other provisions of this bid, bidder warrants that the materials, supplies, or other services furnished shall be on the most suitable grade and exactly as specified in this bid.

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 their expense, such defects as are reported within thirty (30) days of 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 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. #23..
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29 REQUEST FOR BID AND SPECIFICATIONS NO. 2021-75

FIRE SAFETY SYSTEM SERVICES

GENERAL TERMS AND CONDITIONS

2.1 BID SUBMITTAL:
two (2) copies of the signed original bid document and one (1) electronic copy submitted via USB. The original bid document shall be clearly marked. Photocopies do not constitute an original bid.

DOCUMENT MAY RESULT IN DISQUALIFICATION.

It is the responsibility of the bidders to identify information in their bid responses that they consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

All costs associated with the preparation of this bid shall be borne by the bidder.

All exceptions taken to these specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision is grounds for bid rejection.

Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or services required by the City. The Purchasing Manager or his designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.

2.1.1 ACCEPTANCE/REJECTION OF IRREGULAR BIDS:

A contract 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.

2.1.2 COMPLETE BID DOCUMENT:

The following forms constitute the makeup of a complete bid document:

Bid Acknowledgement (Signature)
Pricing Schedule (Signature)
Exceptions, Clarifications, Amendments (if applicable)
References
Financial Interest Disclosure (Pg. 13 if applicable)
Support of Local Vendors (if applicable)
Company History Statement
Addenda Acknowledgement Page (if applicable)
Warranty Statement
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30 Failure to furnish any of these documents may result in disqualification.

2.1.3 BID PRESENTATION:

Bid submittals shall be presented in the order as listed in Section 2.1.2 Complete Bid Document. 2.2 COMPLIANCE:
document, thereby acknowledging they are in full compliance with all requirements of Bid No. 2021-75, and any addendum to such bid. Failure to comply may result in disqualification.

The bidder guarantees that the offered equipment, material or services meet all safety requirements applicable in accordance with Cal-OSHA regulations and any other rule or regulation required by the City of Modesto.

2.3 NON-COMPLIANCE:

If you cannot comply with a specification requirement, note on the Exception, Clarifications, Amendments page 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.

2.4 PRICING FORMAT:

All prices for labor, parts, materials and equipment shall be F.O.B. destination, Modesto, CA.

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.

2.5 PRICING SCHEDULE:

Bidders shall use the pricing schedule provided in this document to present bid pricing. No other form or format shall be accepted.

2.6 AWARD OF BID:

Agreements may be awarded to more than one company in order to provide for backup, or in The City may elect to award by line item, by group, or by all items.

The City reserves the right to decline to award a contract if it is determined that the proposed pricing is not competitively priced based on similar contracts with public agencies within the State of California.
a contract to the bidder
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31 2.7 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote 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 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 or quote of the lowest bidder in writing within five (5) 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.

2.8 TERM OF CONTRACT:

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 the City, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two (2) year of any agreement which may be awarded pursuant to this RFB.

B. Price increases for subsequent agreement years three (3), four (4) and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one (1) agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, at least sixty (60) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

2.9 QUANTITIES:

No minimum or maximum is guaranteed or implied.

2.10 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.

2.11 INSPECTION AND ACCEPTANCE:

Whenever the product or service provided by the supplier has been delivered to the Modesto, California, delivery point, the designated agent shall make the final inspection and acceptance.

2.12 SUPPORT OF LOCAL VENDORS:

Should the bidder that submits the lowest responsive bid or quote 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 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 or quote of the lowest bidder in writing within five (5) #23..
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32 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.

2.13 TERMINATION OF SERVICES:

The City reserves the right to discontinue services with the provider upon failure to meet contractual expectations and/or obligations, as recommended by the site supervisor or his/her agent. Cancellation of services shall be determined by the collaborative efforts of the Purchasing Manager, or designee, and using department after reviewing the incident(s) of failure to perform.

The City reserves the r
without the knowledge or consent of the provider.

The City may terminate the agreement at any time with or without cause.

2.14 OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:

If mutually agreeable to all parties, the issuance of any resultant contract/Purchasing Agreement 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.

2.15 NON-DISCRIMINATION:

A. During the performance of this contract, Contractor and its 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), or sexual orientation. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and 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, 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. Contractor and its 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. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

D. 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 twenty-
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33 accounts, other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

2.16 NON-DISCRIMINATION OF THE HANDICAPPED:

CERTIFICATION OF BIDDER REGARDING NON-DISCRIMINATION OF THE

HANDICAPPED
By executing this agreement, the bidder hereby certifies that he/she is 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.

2.17 DRUG FREE WORKPLACE:

Bidder/Contractor certifies that he/she is in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act. Every person or organization awarded a contract/Purchasing Agreement 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.

2.18 PROTEST AND APPEAL PROCEDURES:

Potential offerors, bidders, contractors, and subcontractors wishing to protest or appeal a procurement or contracting decision by the City of Modesto must follow the procedures provided by the section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

DEFINITIONS
For the purposes of this procedure: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Filing Date" or "Submission Date" means the da
City of Modesto.
"Interested Party" means an actual or prospective bidder or offeror, or any contractor or subcontractor identified by name in any bid or proposal. "Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
issued an Announced Decision, the date noted will begin the time that an Interested Party may lodge a protest . Procurements valued at $50,000 or less normally will not have an Announced Decision.

A. PROTEST PROCEDURES
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34 1. Any interested party may lodge a written protest to an Announced Decision with the City of Modesto's Purchasing Manager no later than ten (10) days after the Announced Decision.

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

3. The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED
PROJECTS) or in such other sum as the City may establish, made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.

4. The protest filed with the Purchasing Manager shall:
a. Include the name, address, and business telephone number of the protestor;
b. Identify the project under protest by name, Request for Bid (RFB)/Request for Proposal (RFP) number, and bid/RFP date; c. Contain a concise statement of the grounds for protest; d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.

All protests shall either be delivered to:

Attn: Purchasing Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

Attn: Purchasing Manager
PO Box 642
Modesto CA 95353
B. PROTEST REVIEW (ANNOUNCED DECISION)

1. Protest to Purchasing Manager
Upon receipt of a complete and timely protest, the Purchasing Manager shall review all the submitted materials and shall create and retain a written record of the review. The Purchasing Manager shall respond at least generally to each material issue raised in the protest not later than ten (10) days after receipt of the protest. Notice of the Purchasing Manager's decision may be given by letter mailed through U.S. Postal Service.
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35 2. Appeal to Deputy City Manager
The Purchasing Manager's decision may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten (10) days after the date of the Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Purchasing Manager. 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 record of the protest review by the Purchasing Manager.

A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of his or her decision to the protestor within ten (10) days after receipt of appeal.

All protest appeals shall either be delivered to:

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

Attn: Deputy City Manager
PO Box 642
Modesto CA 95353

3. 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 fifteen (15) business 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 is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing, or provide other direction to staff. In such cases, staff cannot reverse a City Council decision.

All protests shall either be delivered to:

Attn: City Council
1010 Tenth St. Suite 6600
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36 Modesto CA 95354
Or mailed to:

Attn: City Council
PO Box 642
Modesto CA 95353
C. PROTESTS OF PROCUREMENTS EXCEEDING $250,000.00
Interested parties protesting procurements exceeding $250,000.00 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 $1,500.00, (EXCEPT FOR PROTESTS OF FEDERALLY FUNDED PROJECTS; Refer to Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14) payable to the City of Modesto, and shall be received by the Purchasing Manager not later than fifteen (15) days after dispatch of the Purchasing Manager's decision. 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 (3) days of notice to protestor of the name of the hearing officer.

The protest shall be heard not later than twenty (20) days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not heard in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree er after the third
attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The decision of the hearing officer shall be deemed as the final decision of the City, and no other appeal to City Staff or body shall be permitted.

D. PROCUREMENTS OBTAINED WITH FEDERAL FUNDS

1. If the protested procurement involves federal funds, e.g., from the Federal Transit Administration (FTA) of the United States, 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 #23..
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37 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 (7) 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. Appeals to the Federal Transit Administration (FTA) shall comply with FTA Circular 4220.1E and the amendments and supplements thereto.

Additional information regarding protesting procurements obtained with Federal Funds can be found in the Purchasing Procedures Manual for the Transit Division and Federal Transit Administration Funded Purchases, Chapter 14.

2. The City Council is the highest authority of the City of Modesto. It is possible that the City Council may reverse the decision of any City staff member at the hearing before Council on the procurement at hand. In such cases, no internal appeal is possible since staff may in no case reverse a City Council decision.

In such an event, a disappointed transit bidder or a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the Federal Transit Administration.

2.19 PAYMENT:

Paper Payment Method:

All invoices shall be paid in full within thirty (30) days after completion and acceptance, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.

Electronic Payment Method:

The City of Modesto provides an Epay Program which involves payment of invoices by a secure Visa account number assigned to the supplier after award of bid or contract. designed Accounts Receivable contact by email remittance advice at time of payment.

During the bid evaluation process preference may be shown to bidders that agree to accept Epay for payment of invoices. Please indicate on the Pricing Schedule whether or not your company Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]

2.20 SAMPLE ANNUAL AGREEMENT:

Please review the Sample Annual Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. This Agreement may be modified, amended, changed, added to or subtracted from by the mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.
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38 SAMPLE AGREEMENT
This Agreement, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2022, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Contractor, hereinafter called

CONTRACTOR,
W I T N E S S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. XXX-XX_____ authorizing the award of bid and contract for the furnishing of Fire Safety System Services to Contractor, , and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, and made a part hereof, and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Fire Safety System Services, as described in RFB No. 2021-75 Fire Safety System Services, reof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. SCOPE OF WORK.
a. CONTRACTOR shall furnish Fire Safety System Services insofar the
conditions of the complete Contract.
b. CONTRACTOR shall do and perform the work contemplated hereby in a good and workmanlike manner under the direction of and to the satisfaction of the City Representative.
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39 c. CONTRACTOR shall perform its duties under this Agreement in accordance with the standard(s) of care prevailing in its industry. d. CONTRACTOR shall maintain proper insurance with the City for the duration of the agreement.
e. CONTRACTOR shall maintain a CITY business license for the duration of the agreement.
f. CONTRACTOR shall furnish said services at the following contracted rates, for an annual estimated amount $_________________ :

WHEREAS, CONTRACTOR shall provide services to CITY per pricing schedule, attached hereto as Exhibit "C" and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

2. PRICING SCHEDULE: (Exhibit D) subject to prevailing wages.

Prevailing Wages:

The payment of prevailing wages is required for maintenance under this agreement and all provisions of Section 7.04 of the General Provisions contacted within the City standards shall apply.

DIR Project ID #: XXXXX

3. CITY REPRESENTATIVE:

Contract Administrator is: ________________________ ____________________________ 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 #23..
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40 effected only by written change to the contract, issued by the City of Modesto, Purchasing Division.

4. TERM OF CONTRACT:

The term of the agreement shall be for a period of two (2) years.

Year 1: Notice to Proceed through Month DD, YYYY
Year 2: Month DD, YYYY through Month DD, YYYY
Year 3: Month DD, YYYY through Month DD, YYYY
Year 4: Month DD, YYYY through Month DD, YYYY
Year 5: Month DD, YYYY through Month DD, YYYY
Pricing as set forth in Section 1.c. above shall remain firm for the first two (2) years of the contract.

This Agreement may be renewed for three (3) additional one-year terms by mutual, written agreement of the parties. Such renewal shall be in the form of an amendment to the Agreement.

5. LIABILITY INSURANCE:

The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of #23..
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41 CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
(a) Workers' Compensation - In compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage.

This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability - insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claim made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to CITY, as to form or substance, or if a company issuing such policy shall be unsatisfactory to CITY, CONTRACTOR shall promptly obtain a new policy, submit the same to Risk Manager of #23..
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42 CITY for approval and submit a certificate thereof as herein above provided. Upon failure of CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of CITY, may be forthwith declared suspended, or terminated. Failure of CONTRACTOR to obtain and/or maintain any required insurance shall not relieve CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of CONTRACTOR concerning indemnification. CITY, and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers
Fidelity. The Workers Compensation insurer shall agree to waive all rights of subrogation against CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for CITY. CONTRACTOR S insurance policy(ies) shall include a provision that the coverage is primary as respects CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best s rating of A:VII or with approval of the Risk Manager of CITY. The CONTRACTOR must deliver certificates evidencing existence of the insurance to the City prior to the time contract is signed.

CONTRACTOR agrees to provide CITY with a separate endorsement evidencing proof of City s additional insured status required herein (both general and automo
insurer s waiver of all subrogation rights as stated above. Every endorsement shall identify the policy number.

CONTRACTOR shall provide CITY with separate an endorsement evidencing addition, CONTRACTOR shall provide CITY with a Workers Compensation subrogation waiver #23..
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43 by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.
shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, nsurance and shall not
contribute with it.

CONTRACTOR further agrees that the amount of insurance required may from time to time be adjusted by CITY s Risk Manager and CONTRACTOR agrees to file a new insurance certificate with CITY s City Clerk evidencing the new amounts after a thirty (30) day written notice from CITY s Risk Manager.

6. PAYMENT:

CONTRACTOR shall invoice CITY monthly. Invoices shall be paid in full within thirty (30) days after completion and acceptance of the service by the City, and receipt of a properly prepared invoice in duplicate, subject to cash discounts allowed and stated in this bid document.

Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
[email protected]
CONTRACTOR shall establish a separate billing account number for each CITY department and/or division.

At a minimum invoice shall state the following:

Reference Annual Agreement # XXXXX
City department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
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44 7. INDEMNITY:

8. ARBITRATION:

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, (except as approved below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One Arbitrator shall be selected using AAA procedures. The Arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days of the treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute #23..
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45 or claim is submitted to arbitration. The arbitration shall be held in Modesto California; both parties give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

9. GOVERNING LAW:

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. COMMENCEMENT AND COMPLETION OF THE WORK:

The work contemplated herein shall be commenced as immediately after receipt of the Notice to Proceed for this contract. The Notice to Proceed shall not be issued until the contract administrator receives and has on file:

Proofs of insurance (approved by Risk Management); and Executed Agreement and all exhibits thereto.

11. TERMINATION OF SERVICES:

Termination by City for Default of Contractor
Should Contractor default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Contractor. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft. #23..
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46 Termination by City for Convenience
The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar day written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Contractor with consultation with the City prior to termination.

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 Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subcontractors but in no event shall recovery by any Contractor or subcontractor include lost profits for portions of the Work not #23..
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47 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 Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Contractor shall provide sufficient oral or written status reports to make City reasonably aware of the status of Contractor's work on the project. i. The 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.

City will pay Contractor an amount based on the percentage of satisfactory work 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:
a. The cost of settling and paying valid claims arising out of the #23..
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48 termination of the Work such as subcontractor agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work 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.

12. COMPLIANCE WITH ALL LAWS:

13. CONTRACT DOCUMENTS:

The complete contract between the parties hereto consists of this agreement and the following documents which are incorporated herein by this reference:
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49 a. Resolution No. XXX-XX_______;
b. CONTRACTOR submittal;
c. RFB No. 2021-75 Fire Safety System Services;
d. Insurance Certificates,
These documents include important legal requirements, procedures and restrictions and should be reviewed by CONTRACTOR. They are available for review during normal business hours in the Department of Finance, Purchasing Division). All documents specified above are intended to operate so that any work called for in any one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

14. NOTICES:

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

15. SIGNATOR(IES) FOR CONTRACTOR:

The undersigned signator(ies) for CONTRACTOR warrant(s) and represent(s) that he/she/they is/are legally competent to execute the contract and has/have full authority to execute this contract.
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50 16. ASSIGNMENT:

Neither this agreement nor any portion thereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

17. WAIVER:

18. HEADINGS NOT CONTROLLING:

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

19. MISCELLANEOUS:

Time is of the essence in every provision of this contract.

20. 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 f olling and are deemed accepted by CONTRACTOR
by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement.

No future waiver or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties. #23..
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51 21. PARTIAL INVALIDITY:

WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. XXXX-XX_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________,2022 and _____________________has caused this Agreement to be duly executed. #23..
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52 CITY OF MODESTO, CONTRACTOR
A municipal corporation
By:__________________________ By:_________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By:_________________________________
(Name & Title)
ATTEST: Date:_______________________________
By:______________________ By:_________________________________ FOR: STEHANIE LOPEZ, (Signature)
City Clerk
By:_________________________________
(SEAL) (Name & Title)
Date:_______________________________
APPROVED AS TO FORM:

By:_________________________________
JOSE M. SANCHEZ,
City Attorney
By:_____________________________
JILES SMITH, Risk Manager
Signature Requirements
Corporation: 1.Signature of two (2) officers
or

2.Signature of one (1) officer plus the
corporate seal.

Partnership: Signature of one partner
Sole Proprietorship: Signature of proprietor
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
________________________________ BY: ____________________________ By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

February 1, 2022
Date: January 11, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Award of Fire Safety System Services
CONTACT: Patrick Crowley, Facility Manager/Building Administration, [email protected], 209-342-2274
DESCRIPTION:

Consider approving the award of bid and Agreement for Fire Safety System Services to The BGR Group, Santa Clara, CA for a two-year Agreement with three one-year extension options, for an annual estimated cost for the first year of $292,370 and a total amount not to exceed $1,024,091 over five years, with any new site additions, removals, or substantive service changes to be authorized by the Director of Finance or her designee. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

This action supports the 2020-2025 City of Modesto Strategic Plan Area of Focus: Service Delivery Goals and Strategies; “build community trust in City government through responsive, transparent and efficient service delivery”; Goal H: “achieve long-term financial sustainability.” BACKGROUND:

The City of Modesto, Public Works Department, Building Administration and Maintenance Division is responsible for maintaining facilities within the City of Modesto which includes the fire systems within those facilities. There has not been a city-wide agreement for fire system services which included the inspection, testing and maintenance for these systems.

There will be the additional value of reduced costs through having a city-wide agreement.

DISCUSSION:

The City Manager authorized the Purchasing Manager to issue formal RFB for Fire Safety System Services.
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City Council, February 1, 2022
Award of Fire Safety System Services

Page 2 of 3 ends

Modesto City CouncilJune 2, 2026

Modesto City Council
June 2, 2026