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www.modestogov.com
AGENDA
City of Modesto
ECONOMIC DEVELOPMENT COMMITTEE
COUNCIL WORKSHOP
2001-40 Del Puerto Room.
Tenth Street Place, 1010 10th Street
Modesto, California
Wednesday, September 02, 2026 at 4:00 PM
Roll Call: Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
Alternates: Rosa Escutia-Braaton, Chris Ricci, Jeremiah Williams, David Wright Council has not delegated directive or final approval authority to the Committees.
Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. * Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of California Government Code section 54953.8.3.
*If a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Senate Bill 707, California Government Code section 54953.8.3. Alternative viewing options are listed below, and the meeting is physically open to the public.
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“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
• Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
• Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 958 9549 7651
• Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326
PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters.
Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
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SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record but will not be read aloud during the meeting.
Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or committee member.
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Consent
1. Consider submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds and forwarding to Council for approval. (Funding Source: California Department of Transportation Grant Funds)
• Motion recommending the submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds and forwarding to Council for approval.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent
2. Consider the Modesto City-County Airport Operating Rules and Regulations and forwarding to Council for approval. (Funding Source: Not Applicable) • Motion recommending the adoption of the Modesto City-County Airport Operating Rules and Regulations and forwarding to Council for approval.
PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected] Consent
3. Consider an Agreement for Painting Services for Wastewater and Water Sites with D&H Painting Inc., Rancho Cordova, CA, for a total amount not to exceed $1,717,802, over five (5) years and forwarding to Council for approval. (Funding Source: Sewer and Water Funds)
• Motion recommending the Award of Bid and Agreement for Painting Services for Wastewater and Water Sites to D&H Painting Inc., Rancho Cordova, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $343,560, and a total amount not to exceed $1,717,802, over five (5) years and forwarding to Council for approval.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent
4. Consider an Agreement for the furnishing of On-Call After-Hours Phone Answering Services to Excel Telemessaging, Inc., dba Hartley and Associates, Santa Rosa, CA, for a total amount not to exceed $231,090 over five (5) years and forwarding to Council for approval. (Funding Source: Various Funds)
• Motion recommending the Award of Proposal and Agreement for the furnishing of On-Call After-Hours Phone Answering Services to Excel Telemessaging, Inc., dba Hartley and Associates, Santa Rosa, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $46,218, and a total amount not to exceed $231,090 over five (5) years, and forwarding to Council for approval.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] Consent
5. Consider an Agreement with HSQ Tech Inc., Hayward, CA, for maintenance and support of the Supervisory Control and Data Acquisition (SCADA) System for a total amount not to exceed $327,760 over five (5) years and forwarding to Council for approval. (Funding Source: Water Fund and Sewer Operations Fund) - 4 -
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• Motion recommending the Sole Source Agreement with HSQ Tech Inc., Hayward, CA, for maintenance and support of the Supervisory Control and Data Acquisition (SCADA) System for a total amount not to exceed $327,760 over five (5) years and forwarding to Council for approval.
UTILITIES; Manuel Martinez, 209-342-4952, [email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 2, 2026
Date: August 6, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice Chair
Erik Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Highway Safety Improvement Program (HSIP) Grant Application Request CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], (209) 571-5552
DESCRIPTION:
Consider submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds and forwarding to Council for approval. (Funding Source: California Department of Transportation Grant Funds)
STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the City of Modesto 2025-2026 Strategic Plan Goal D to provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The Infrastructure Investment and Jobs Act (IIJA) was signed into law on November 15, 20211. Under the IIJA, the Local Highway Safety Improvement Program (HSIP)2 is a core federal-aid program for states. The purpose of the HSIP program is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land.
1 Infrastructure Investment and Jobs Act (IIJA) - https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ 2 Local Highway Safety Improvement Program - https://dot.ca.gov/programs/local-assistance/fed-and-stateprograms/highway-safety-improvement-program #1..
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Economic Development Committee, September 2, 2026
Highway Safety Improvement Program (HSIP) Grant Application Request
Caltrans Division of Local Assistance issued a call-for-projects July 1, 2026. The total available funds vary with each funding cycle but have been upwards of $200 million for the past several cycles. Applications for HSIP Cycle 13 are due November 2, 2026.
There are two funding categories for HSIP Cycle 13: Benefit Cost Ratio (BCR) and Funding Set-Asides (SA). There are five set-aside categories this cycle: Guard Rail Upgrades, Pedestrian Crossing Enhancements, Lane Departure Prevention, Bike Safety Improvements, and Set-aside for Tribes. There is a maximum funding request for each set-aside category between $360,000 and $1.1 million per local agency. There is no maximum number of applications that can be submitted per agency for the BCR category; however, there is a maximum award amount of $10 million per agency.
Typically, the maximum federal reimbursement ratio for an HSIP grant is 90% with a local match of 10%. A project may be eligible for 100% HSIP reimbursement if all components of the project are eligible for 100% reimbursement per Section 4.2 of the Local Roadway Safety Manual (LRSM).
DISCUSSION:
Typically, an HSIP call for projects is made biennially. The timing and size of the call is determined by the program apportionments, HSIP Federal Transportation Improvement Program (FTIP) capacity and the delivery of the existing HSIP applications.
It is the intent of the HSIP program that funds be expended on safety projects that can be designed and constructed expeditiously. Projects should not require significant amounts of right of way acquisition, nor should they require extensive environmental review and mitigation. For a project to be eligible for HSIP funding, a specific safety problem must be identified, and the proposed countermeasure(s) must substantially address the condition.
Staff has been working on evaluating potential projects based on collision history along specific corridors and locations throughout the City of Modesto as part of the Systemic Safety Analysis Report (SSAR), Local Road Safety Plan (LRSP), and Safe Streets and Roads for All (SS4A). Upon completion of the analysis, City staff will select the project(s) that are most competitive with the HSIP grant and match the priority projects for the City.
FISCAL IMPACT:
The Divisions that typically apply for HSIP funds are Transportation Engineering and Design and Traffic Operations Engineering. The cost to prepare HSIP grant applications to apply for funds will come from the operating budget of the respective division.
If a 10% local match is required for any of the HSIP applications received, it will come from the appropriate transportation fund. The local match funding source will depend on the project, but historically the match has come from Surface Transportation funds #1..
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Economic Development Committee, September 2, 2026
Highway Safety Improvement Program (HSIP) Grant Application Request
which include the Gas Tax fund and the Measure L Local control funds which include categories for Local Streets & Roads, Traffic Management, and Bike & Pedestrian.
CEQA/NEPA REQUIREMENTS:
Environmental review for this project will take place during the Preliminary Engineering phase of the project if the City is successful in securing these HSIP grant funds.
RECOMMENDED COUNCIL ACTION:
Staff Recommendation:
Motion recommending the submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds and forwarding to Council for approval.
Approved by:
_____________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_____________________________________
Joseph P. Lopez, City Manager
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 2, 2026
Date: August 3, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Chad Reed, Director of Public Works
SUBJECT: Airport Governing Documents, Airport Rules and Regulations CONTACT: Marisol Navarro, Airport Manager, [email protected], 209- 577-5319
DESCRIPTION:
Consider the Modesto City-County Airport Operating Rules and Regulations and forwarding to Council for approval. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2025-2026 Strategic Plan Initiatives:
Economic Vitality, Goal E: Drive the success of a vibrant and economically sustainable business climate; Strategy No. 3: Implement a streamlined development review process.
BACKGROUND:
The Modesto Municipal Code authorizes the City Council to adopt rules and regulations governing the use and operation of the Modesto City-County Airport by resolution. The Code also authorizes the Airport Manager to administer the Airport, establish operational procedures for aircraft operations, public safety, and airport activities, and regulate the movement of aircraft, vehicles, and persons on Airport property, subject to City Council review where applicable (Modesto Municipal Code Sections 7-3.102, 7-
3.109, 7-3.201, and 7-3.202).
Although these provisions have existed for many years, the Airport has never adopted a comprehensive Operating Rules and Regulations handbook. Consequently, airport #2..
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Economic Development Committee, September 2, 2026
Modesto City-County Airport Operating Rules and Regulations
policies and operational requirements have not been consolidated into a single governing document. The proposed Operating Rules and Regulations establish a clear, consistent framework for Airport operations and administration while supporting the safe, orderly, and efficient use of Airport facilities.
DISCUSSION:
The proposed Operating Rules and Regulations provide comprehensive standards governing Airport operations, including management authority, aeronautical and ground vehicle operations, safety and security, environmental protection, aviation fueling, hangar and tie-down administration, specialized aeronautical activities, waiting list procedures, and special events. The regulations also establish formal processes for enforcement, violations, and appeals, while supporting compliance with applicable Federal Aviation Administration (FAA) regulations, Transportation Security Administration (TSA) requirements, environmental regulations, fire codes, and the Modesto Municipal Code.
Adoption of the regulations will provide Airport staff, tenants, and Airport users with a single, consistent set of operational standards, improve transparency in Airport administration, and enhance the Airport's ability to administer and enforce its policies.
On June 9, 2026, the proposed regulations were sent out for review by the Airport Advisory Committee (AAC), to submit comments, recommendations, and advisements before formal consideration. No comments, recommendations, or advisements were received. On July 16, 2026, the AAC recommended forwarding the proposed regulations to the Economic Development Committee for consideration.
The proposed action does not authorize new development or physical improvements.
Any future amendments to the Operating Rules and Regulations would be reviewed by the Economic Development Committee and, if recommended, forwarded to the City Council for approval.
FISCAL IMPACT:
Adoption of these policies does not have a fiscal impact.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the adoption of the Modesto City-County Airport Operating Rules and Regulations and forwarding to Council for approval. #2..
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Economic Development Committee, September 2, 2026
Modesto City-County Airport Operating Rules and Regulations
Approved by:
Chad Reed, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Operating Rules and Regulations
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Operating Rules and Regulations
at the
Modesto City-County Airport
2026
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2 Table of Contents
Section 1 – General 3
Section 2 – Aeronautical Operations 7
Section 3 – Ground Vehicle Operations 13
Section 4 – Safety, Security and Environmental Protection 16 Section 5 – Aviation Fuel Distribution and Permits 21
Section 6 – Hangar and Tie-Down Waiting Lists 22
Section 7 – Hangar and Tie-Down 24
Section 8 – Abandoned, Derelict or Lost Property including Aircraft and Vehicles
25 Appendix IA – Specialized Aeronautical Activities 26 Appendix IIA – Special Events 26
Aircraft Accident/Incident Report 29
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3 Section 1 – General
1.10 Jurisdiction
These Rules and Regulations shall apply to all persons using, occupying, conducting business on, operating at, or otherwise entering upon the Modesto City-County Airport and all Airport property, facilities, and improvements thereon, including but not limited to tenants, subtenants, operators, employees, contractors, vendors, invitees, passengers, and visitors.
Entry upon or use of any portion of the Airport, whether by express or implied permission, is conditioned upon compliance with these Rules and Regulations. Any person entering upon or using the Airport shall be subject to and shall comply with these Rules and Regulations, as they may be amended from time to time.
1.15 Purpose
These Rules and Regulations are established to promote and protect the public health, safety, welfare, and operational efficiency of the Modesto City-County Airport, and to ensure the safe, orderly, and efficient use of Airport facilities by operators, lessees, tenants, and all users. These Rules and Regulations are intended to protect persons and property, preserve Airport infrastructure, and ensure compliance with applicable federal, state, and local laws and regulations.
1.20 Management of Public
The Airport Manager is authorized to take all reasonable and necessary actions to manage, control, and direct the use of the Airport and its facilities, and to ensure the safe, orderly, and efficient operation of the Airport. This authority includes the ability to issue directives to Airport users and members of the public, enforce compliance with these Rules and Regulations, and coordinate with law enforcement, emergency responders, and other agencies as necessary to protect public health, safety, and Airport operations.
1.25 Severability
If any provision of these Rules and Regulations is held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.
1.30 Commercial Use Authorization Required
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4 No person shall engage in aeronautical or nonaeronautical commercial activities on the Airport without appropriate authorization under an Airport lease, operating agreement, permit, or other written authorization approved by the Airport. The Airport Manager may issue temporary authorizations consistent with Airport policies, minimum standards, and applicable law.
1.35 Variance
Variances shall be granted on a case-by-case basis, shall not create a precedent binding on future decisions, and shall be documented in writing. The Airport Manager may revoke or modify any variance if necessary to protect safety or Airport operations.
1.40 Indemnification and Assumption of Risk
As a condition of use of the Airport and its facilities, all lessees, licensees, tenants, permittees, and other authorized users shall assume full responsibility for their operations and activities conducted on or in connection with the Airport.
To the fullest extent permitted by law, each such person shall indemnify, defend, and hold harmless the City of Modesto, the Airport, the Airport Manager, City Council, and their officers, officials, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the user’s use or occupancy of the Airport or its facilities, or the acts or omissions of the user, its employees, agents, contractors, or invitees.
This section shall not apply to liability arising from the sole negligence or willful misconduct of the City or its officers, officials, employees, or agents.
Use of the Airport shall constitute acknowledgment and acceptance of these conditions; however, this provision shall be supplemented by any separate written lease, permit, license, or agreement executed with the City.
1.45 Fees
Airport fees, rates, and charges, including but not limited to landing fees, tie-down fees, hangar rentals, ramp fees, fuel-related charges, and other airport use fees, shall be established and may be amended from time to time by the City Council by ordinance, resolution, or adopted fee schedule.
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5 Such fees shall be published in an official Airport or City fee schedule as amended from time to time.
Landing fees may be invoiced and collected through an authorized airport billing or payment system designated by the City.
1.50 Advertisements
No person or entity shall post, distribute, affix, or display any signs, advertisements, notices, circulars, handbills, posters, or other printed or written materials on Airport property, including buildings, facilities, fences, and public areas, except in locations and in a manner approved in advance by the Airport Manager.
1.55 Conduct
a. No person shall engage in any unlawful, disorderly, disruptive, or hazardous conduct, or commit any nuisance on Airport property, or otherwise interfere with the safe, orderly, or efficient operation of the Airport.
b. No person shall possess or consume an open container of alcoholic beverage on Airport property in areas accessible to the general public, except as specifically authorized by the Airport Manager or pursuant to an approved lease, permit, or special event authorization. c. No person shall engage in gambling or gaming activities, or knowingly aid or facilitate such activities, on Airport property.
1.60 Smoking
a. No person shall smoke or use any electronic smoking device, including e-cigarettes or vaping devices, inside any aircraft hangar, within 50 feet of any aircraft, fuel facility, or fuel servicing vehicle, or on any aircraft ramp or movement area. b. Smoking or use of electronic smoking devices is prohibited inside any Airport-owned or Airport-controlled public building, including terminal or FBO facilities, except in designated smoking areas, if any, approved by the Airport Manager. c. No person shall smoke or use electronic smoking devices within 20 feet of any building entrance or in any other location designated by the Airport Manager as a no-smoking area. #2..
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6 1.65 Preservation of Property
a. No person shall destroy, damage, deface, disturb, or tamper with any building, structure, sign, landscaping, equipment, vehicle, or other property located on the Airport. b. No person shall tamper with, interfere with, enter, start, move, or operate any aircraft, or use any aircraft, aircraft component, instrument, or tool without the express permission of the owner or authorized operator.
c. No person shall abandon any vehicle, aircraft, equipment, or other personal property on Airport property.
d. Any lost property found on Airport property shall be turned in to the Airport Administration Office or other designated location. Unclaimed property may be disposed of in accordance with applicable law and Airport procedures. e. Any person who causes damage to Airport property through negligence or willful misconduct shall be responsible for the full cost of repair or replacement, including associated administrative and recovery costs.
1.70 Animals (including pets)
a. Except for service animals as defined by applicable law and animals used by law enforcement, no person shall bring any animal into any Airport terminal, FBO facility, or other public building unless the animal is being transported in a cage or suitable container for shipment or transfer.
b. No animals shall be permitted within the Airport Operations Area (AOA), except service animals or animals being transported, unless under the immediate control of their owner or handler by means of a leash, harness, or similar restraint sufficient to maintain control at all times.
c. All animal owners or handlers shall be responsible for the immediate removal and proper disposal of all animal waste.
d. Animals must remain under control at all times and may not be left unattended on Airport property.
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7 1.75 Environmental Compliance
Any person, party, firm, or corporation operating on the Airport shall comply with all applicable federal, state, and local environmental laws, regulations, and permit requirements, as well as all Airport environmental policies and procedures, including spill prevention and response requirements.
1.80 Violation and Enforcement
Any person, tenant, operator, aircraft owner, vehicle operator, or other Airport user who violates these Rules and Regulations may be subject to corrective action, administrative penalties, cost recovery, suspension or revocation of Airport privileges, or any other remedies authorized by law, ordinance, lease, permit, or agreement.
Penalties and enforcement actions shall be determined based on the nature, severity, frequency, and actual or potential impact of the violation, including risks to safety, security, Airport operations, persons, property, or the environment.
The Airport Manager or their designee shall have discretion to determine appropriate enforcement action, consistent with these Rules and Regulations and applicable law, taking into consideration whether the violation was intentional, negligent, repeated, or resulted in damage, disruption, or increased risk.
Nothing in this section shall limit the Airport’s right to recover damages or costs, or to pursue any other remedies available under applicable law, lease agreements, permits, or operating agreements.
1.85 Responsible Party
Any person accessing or using the City of Modesto Airport shall be responsible for their own conduct and compliance with these Rules and Regulations. In addition, any person who knowingly grants, provides, or facilitates access to the Airport or its facilities to another individual shall be responsible for ensuring that such access is used in compliance with these Rules and Regulations.
Section 2 – Aeronautical Operations
2.10 General
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8 a. No person shall operate or maintain any aircraft at the Airport except in compliance with all applicable federal, state, and local laws and regulations, including Federal Aviation Administration regulations, and all applicable Airport Rules and Regulations. b. Aircraft shall be operated in accordance with FAA-established procedures and published or recommended Airport traffic patterns, as may be issued or approved by the Airport or the Federal Aviation Administration.
c. Engine run-ups, flight testing, maintenance test operations, or other unusual or nonroutine aircraft operations may be conducted only with prior approval of the Airport Manager and subject to any reasonable conditions imposed to protect safety and minimize disruption to Airport operations.
d. Aircraft operators shall comply with all published Airport advisories, NOTAMs, and operational notices.
2.15 Public Use
The runways, taxiways, aprons, and ramps of the Airport are available for public use by aircraft, subject to closure, restriction, or limitation as may be necessary for safety, maintenance, or operational requirements. All aircraft operations shall be conducted in accordance with applicable Federal Aviation Administration regulations, applicable state and local laws and regulations, and the Rules and Regulations of the Airport.
2.20 Licenses and Registrations
No aircraft shall be operated on Airport property, and no person shall operate an aircraft at the Airport, unless such operation is conducted in accordance with applicable Federal Aviation Administration regulations and all applicable federal, state, and local laws, including requirements relating to pilot certification, aircraft registration, and airworthiness.
2.25 Airport Closure
The Airport Manager, or their authorized designee, shall have the authority to close the Airport or any portion thereof, or to restrict operations on any runway, taxiway, apron, or other Airport facility, whenever such action is necessary for safety, maintenance, construction, emergency response, security, or other operational reasons. Closures or restrictions shall be issued and disseminated as appropriate, including through the issuance of a Notice to Air Missions (NOTAM) or other appropriate means.
2.30 Accidents and Disabled Aircraft
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9 a. Any person involved in an aircraft accident or incident on the Airport shall immediately notify the Airport Manager and appropriate emergency services, and shall comply with all applicable reporting requirements of the Federal Aviation Administration and the National Transportation Safety Board. A written report shall be submitted to the Airport Manager upon request.
b. No person shall disturb, move, or remove any aircraft wreckage, parts, or associated materials involved in an accident except as authorized by the National Transportation Safety Board, the Federal Aviation Administration, or emergency response personnel acting to protect life or safety, and with notification to the Airport Manager. c. The pilot, aircraft owner, lessee, operator, or other person having control of a disabled or abandoned aircraft on the Airport shall be responsible for its prompt removal or relocation as directed by the Airport Manager, unless such action is restricted under paragraph (b).
The Airport Manager shall have the authority to remove or relocate a disabled aircraft when necessary to maintain safety or restore Airport operations, and all associated costs shall be the responsibility of the aircraft owner or operator.
2.35 Engine Starting and Run-up
a. Engine run-ups and operational checks requiring elevated power settings shall be conducted only in designated run-up areas, or other locations approved by the Airport Manager.
b. A pilot, qualified operator, or other responsible person shall remain at the aircraft controls and monitor the aircraft during engine start and run-up operations. c. Aircraft engines shall not be operated within any hangar or enclosed aircraft storage structure.
d. Aircraft shall be secured by brakes, chocks, or other approved means prior to and during engine start and run-up operations.
e. Aircraft shall be towed to appropriate locations when necessary to safely conduct engine run-ups or high-power operations, as directed by the Airport Manager. f. Aircraft operators shall use only the minimum engine power necessary for safe operation while operating in the vicinity of persons, hangars, buildings, or other aircraft, so as to prevent jet blast, propwash, or similar hazards.
2.40 Landings and Takeoffs
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10 No aircraft shall land or take off on Airport property except on designated runways, unless otherwise authorized by the Airport Manager, required for safety of flight, or necessary in an emergency. Use of any runway or landing surface shall be subject to closure, restriction, or operational limitations issued by the Airport.
2.45 Taxiing Operations
a. Aircraft taxiing shall be conducted only on designated movement areas, including runways, taxiways, aprons, and ramps, unless otherwise authorized by the Airport Manager.
b. Aircraft shall not be taxied into or out of any hangar or enclosed structure. c. The use of aircraft navigation and landing lights during low visibility conditions is recommended in accordance with FAA guidance and safe operating practices. d. Aircraft taxiing and engine operation shall be conducted in a manner that does not create a hazard to persons or property due to propeller wash, rotor wash, or jet blast. When safe taxiing cannot be accomplished, the aircraft shall be shut down and towed or otherwise repositioned.
2.50 Noise Abatement
a. Pilots are encouraged to use noise abatement procedures recommended by the Aircraft Owners and Pilots Association (AOPA), National Business Aviation Association (NBAA), aircraft manufacturer operating handbooks, or other recognized aviation safety guidance, consistent with safe aircraft operation and Federal Aviation Administration regulations. b. Pilots shall comply with any noise abatement procedures formally adopted and published by the Airport, including departure or arrival procedures, runway use preferences, or operational guidelines, when such procedures are in effect and consistent with safe flight operations.
2.55 Aircraft Parking
a. Aircraft parking shall be restricted to designated or approved areas as established or designated by the Airport Manager, including published ramp areas, tie-down locations, and leased aircraft storage spaces.
b. No aircraft shall be left unattended or parked in taxilanes, fire lanes, service roads, or other non-designated areas, or in any location that obstructs or interferes with the #2..
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11 movement of aircraft, vehicles, or emergency equipment, or impedes access to any building or facility.
c. Aircraft shall be properly secured when parked, including the use of tie-downs, chocks, or other approved restraints when required by Airport policy or conditions.
2.60 Washing and Maintenance of Aircraft
a. Aircraft washing shall be conducted only in designated wash rack areas or other locations approved by the Airport Manager in accordance with applicable environmental regulations and Airport environmental procedures.
b. Aircraft maintenance may be performed at assigned aircraft storage locations, hangars, or other areas authorized by lease, license, or Airport approval, provided such activities comply with all applicable federal, state, and local laws, Airport Rules and Regulations, and the terms of any applicable agreement.
c. Maintenance activities conducted in open-air storage areas, including tie-downs and shelters, shall be performed in a safe and orderly manner, shall not interfere with adjacent aircraft or operations, and shall include appropriate measures to prevent spills, debris, or hazards.
2.65 Ultralight Operations
Ultralight vehicles, as defined under 14 CFR Part 103, may operate at the Airport provided such operations are conducted in compliance with all applicable Federal Aviation Administration regulations and all Airport Rules and Regulations.
Ultralight aircraft shall not be based, stored, or tied down at the Airport on a permanent or recurring basis unless expressly authorized by the Airport Manager under a separate agreement.
Ultralight operations shall be conducted in a manner that does not interfere with or create a hazard to other aircraft operations, Airport facilities, or persons on the ground, and shall comply with all applicable Airport traffic patterns and operational procedures.
2.70 Motorless Aircraft Operations
Gliders, sailplanes, and other unpowered aircraft may operate at the Airport only with prior coordination with and approval by the Airport Manager, and in accordance with applicable #2..
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12 Federal Aviation Administration regulations and the requirements set forth in Appendices IA and IIA of these Rules and Regulations.
Motorless aircraft operations shall be conducted in a manner that ensures safe integration with powered aircraft operations and shall comply with all Airport traffic patterns, operational procedures, and any restrictions established by the Airport Manager.
2.75 Parachute Operations
Parachute operations, including both emergency parachute deployment and organized skydiving activities, shall be conducted only in accordance with applicable Federal Aviation Administration regulations, including 14 CFR Part 105, and only with prior coordination with and approval by the Airport Manager.
Parachute operations shall comply with all procedures, limitations, and requirements set forth in Appendices IA and IIA of these Rules and Regulations, and shall be conducted in a manner that ensures safe separation from aircraft operations and protection of persons and property on the ground.
2.80 Helicopter Operations
a. Helicopter operations shall be conducted in accordance with applicable Federal Aviation Administration regulations and all Airport Rules and Regulations. The Airport Manager is authorized to designate specific runways, taxiways, ramps, or other suitable paved or unpaved areas for helicopter landing, takeoff, parking, and ground operations. b. Helicopter operators shall exercise caution to prevent hazards associated with rotor wash, including but not limited to damage to other aircraft, vehicles, equipment, and injury to persons.
c. Practice autorotations to paved surfaces are prohibited unless specifically authorized in advance by the Airport Manager and conducted under conditions approved to ensure safety of Airport operations.
2.85 Flying Clubs
Flying clubs are nonprofit, member-owned entities organized for the purpose of providing members with shared access to aircraft for personal use and enjoyment. Aircraft operated by a flying club shall be owned by the club or its members on a pro-rata share basis and shall be used exclusively by club members.
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13 Flying clubs shall not be organized or operated for profit, and shall not generate revenue in excess of that required for the acquisition, operation, maintenance, and replacement of club aircraft.
Flying clubs shall operate in compliance with applicable Federal Aviation Administration regulations and guidance, and applicable airport policies governing non-commercial aeronautical users.
The City may require flying clubs to provide reasonable documentation, including insurance certificates, organizational bylaws, and membership lists, as necessary to verify compliance with these Rules and Regulations and applicable federal requirements.
2.90 Kites, Balloons, Model Aircraft, Rockets, and Unmanned Aircraft Systems No person shall operate or release any kite, balloon, model aircraft, rocket, unmanned aircraft system (drone), or similar device on or over the Airport without prior authorization from the Airport Manager and, when applicable, the Federal Aviation Administration or Air Traffic Control.
All such activities shall be conducted in accordance with applicable Federal Aviation Administration regulations, including 14 CFR Part 107 and other applicable federal requirements, and shall comply with any procedures set forth in Appendices IA and IIA of these Rules and Regulations.
The Airport Manager may restrict or prohibit such activities when necessary to protect safety or ensure the safe and efficient operation of the Airport.
Section 3 – Ground Vehicle Operations
3.10 Operator Requirements
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14 a. No person shall operate any motor vehicle or motorized equipment on Airport property, including the Airport Operations Area (AOA), unless such person possesses a valid stateissued driver’s license when required by law, and has obtained any additional authorization or training required by the Airport Manager for operation on Airport property. b. The Airport Manager may restrict or revoke the privilege of any person to operate a vehicle on Airport property if such operation is determined to be unsafe, in violation of these Rules and Regulations, or otherwise detrimental to the safety or efficient operation of the Airport.
3.15 Vehicle Requirements
a. No person shall operate a vehicle on Airport property unless the vehicle is maintained in safe operating condition, including functional brakes, lights, horn (where applicable), and unobstructed visibility from the driver’s position.
b. All motor vehicles operating on Airport property shall be properly registered and licensed in accordance with applicable state law. Aircraft support vehicles and ground support equipment (GSE), including tugs and fuel trucks, operating exclusively on Airport property may be exempt from state registration requirements when approved by the Airport Manager, to the extent permitted by law.
c. All motor vehicles operated on Airport property shall be covered by liability insurance in the amounts required by the City and Airport Risk Management requirements. d. Aviation and airport support vehicles operated by fixed base operators and airport businesses shall clearly display the operator’s company name or logo. Such vehicles are encouraged, and where required by Airport operating procedures, may be required, to display an amber rotating or flashing beacon when operating in movement or airside areas.
3.20 Vehicle Operating Rules on Airport Property
a. Motor vehicles shall be operated only in areas of the Airport authorized by the Airport Manager and in accordance with established Airport Rules and operational procedures. b. Unless otherwise authorized by the Airport Manager, vehicle speeds shall not exceed five (5) miles per hour on aircraft ramps and apron areas, and fifteen (15) miles per hour on access and perimeter roads.
c. No motor vehicle shall operate on runways or taxiways unless specifically authorized by the Airport Manager. Vehicles operating on runways or taxiways shall do so only under #2..
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15 escort or with appropriate coordination with the Air Traffic Control Tower when operational.
When the tower is not operating or at a non-towered airport, authorized vehicles shall monitor the appropriate Common Traffic Advisory Frequency (CTAF) and operate in accordance with established Airport procedures.
d. No person shall operate a motor vehicle within the Airport Operations Area (AOA), including movement and safety areas, unless they have successfully completed the Airport-approved driver training program, including movement area training when applicable.
e. All persons operating motor vehicles on the Airport shall comply with applicable state and local motor vehicle laws as if operating on a public roadway, unless otherwise restricted by Airport rules.
3.25 Right-of-Way
a. Aircraft, including aircraft under tow, and pedestrians shall have the right-of-way over all vehicular traffic on Airport property.
b. All vehicles shall yield to aircraft at all times and shall pass only at a safe distance behind moving aircraft, avoiding propeller wash, rotor wash, and jet blast hazards. c. Any person operating a vehicle on the Airport shall immediately yield the right-of-way to police, fire, ambulance, or other emergency vehicles displaying audible and/or visual emergency signals, and shall clear movement areas as necessary to allow safe passage of such vehicles.
3.30 Vehicle Parking
a. Vehicles shall be parked only in designated parking areas and in a manner that complies with all posted or painted markings, signs, and Airport rules, unless otherwise authorized by the Airport Manager.
b. The Airport Manager may designate, restrict, or reserve public parking areas and other non-leased areas of the Airport for special events, operational needs, or safety purposes, and such restrictions shall be indicated by appropriate signage, markings, or notices. c. Aircraft refueling vehicles shall be parked only in areas designated by the Airport Manager and shall not block taxilanes, aircraft movement areas, or emergency access routes.
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16 d. Fixed Base Operator (FBO) ramp vehicles and support equipment shall be parked only within the FBO leasehold area unless otherwise authorized by the Airport Manager. e. No motor vehicle shall be parked within ten (10) feet of a fire hydrant.
3.35 Vehicle Repairs
No person shall perform repairs on any motor vehicle on Airport property except for minor, temporary repairs necessary to safely remove the vehicle from the Airport. All other vehicle maintenance or repair activities are prohibited unless specifically authorized by the Airport Manager and conducted in an approved area.
Any permitted repair activity shall be performed in a manner that prevents the release of oil, fuel, or other contaminants and shall not create a safety hazard, obstruction, or nuisance.
3.40 Vehicle Removal
The City, acting through the Airport Manager or authorized designee, may tow, relocate, or otherwise remove any motor vehicle on Airport property that is in violation of these Rules and Regulations, applicable Municipal Code provisions, or other governing regulations, when such vehicle is determined to constitute a safety hazard, obstruction, or nuisance, or otherwise interferes with Airport operations.
All costs associated with the removal, relocation, towing, and storage of such vehicle shall be the responsibility of the vehicle owner or operator.
Section 4 – Safety, Security and Environmental Protection
4.10 Fire Hazards
a. All operations on the Airport shall comply with applicable provisions of the National Fire Protection Association (NFPA) standards, applicable federal regulations, state and local fire codes, and ordinances, as amended from time to time. b. The following activities are prohibited on Airport property:
(1) Storing or placing materials or equipment in a manner that obstructs access to exits, fire extinguishers, or otherwise creates a fire or life safety hazard. (2) Use of propane, charcoal, or similar open-flame cooking devices inside aircraft hangars or within fifty (50) feet of any aircraft, fuel facility, or fuel vehicle. #2..
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17 (3) Storage of aviation fuels, oils, lubricants, or other flammable liquids except in approved containers and quantities permitted by applicable fire codes and Airport policies. (4) The use of open flames, spark-producing tools, welding, cutting, grinding, or other hot work on Airport property except in approved areas within leased premises and only with prior authorization from the Airport Manager. No open flame or hot work shall be permitted within aircraft hangars, fuel storage areas, or components of the fuel distribution system unless specifically authorized for maintenance or repair purposes under conditions imposed by the Airport Manager.
4.15 Fire Equipment
No person shall tamper with, damage, obstruct, or otherwise interfere with any fire extinguisher, fire protection equipment, or fixed fire suppression or alarm system on Airport property. Such equipment shall be used only for legitimate fire prevention or firefighting purposes.
4.20 Aircraft Fueling Operations
a. No person may operate a fuel truck or fuel transfer vehicle on Airport property unless the operator and vehicle comply with all applicable federal, state, and local fire codes, NFPA standards, and Airport requirements governing aircraft fueling operations. Mobile fueling operators shall complete an Airport-approved training program and required recurrent training.
b. During aircraft fueling or defueling operations, the aircraft and fueling equipment shall be properly bonded and grounded in accordance with applicable fire codes and NFPA standards.
c. Fuel servicing vehicles shall not park within fifty (50) feet of any building except when actively engaged in fueling operations or when parked in designated areas approved by the Airport Manager and Fire Authority, provided such parking does not obstruct access, egress, or emergency response routes.
d. Fuel storage areas shall be properly marked and posted with warning placards as required by the Fire Authority and Airport Manager.
e. No aircraft shall be fueled or defueled inside a closed hangar or enclosed structure. f. No aircraft engine shall be started or operated during fueling operations when fuel vapors or spills are present in the vicinity of the aircraft.
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18 g. Fueling operations shall be continuously attended while fuel is being dispensed.
Operators shall exercise care to prevent overflow or spillage and shall maintain readily accessible fire extinguishers of the type and capacity required by applicable fire codes. h. Fueling vehicles, fuel stations, and self-service fueling facilities shall maintain sufficient fuel absorbent materials to contain at least a medium-size fuel spill (25 gallons or less). i. During fueling or defueling operations, no person within fifty (50) feet of the aircraft shall use or operate any device or activity capable of producing ignition sources, including sparks or open flame.
j. All hoses, nozzles, funnels, and fueling equipment shall be maintained in safe, sound, and leak-free condition and operated in accordance with applicable NFPA standards, fire codes, and FAA guidance regarding bonding and grounding. k. Fueling operations shall comply with the following safety requirements:
(1) Fueling shall cease when lightning is detected within three (3) miles of the Airport. (2) Aircraft engines shall remain shut down during fueling operations (excluding APU when approved and safe).
(3) Aircraft shall be properly secured with brakes set, chocks installed, or other approved restraint methods.
4.25 Fuel Spills
a. In the event of any fuel, oil, chemical, or hazardous material spill, leak, or release on Airport property, the responsible party shall immediately take action to stop, contain, and mitigate the release to the extent safe to do so. The responsible party shall immediately notify the Airport Manager and comply with all applicable local, state, and federal reporting requirements.
b. If the spill presents a fire hazard, threatens public safety, or enters or threatens to enter a drainage system, stormwater system, or waterway, the responsible party shall immediately notify the Fire Department and any other appropriate emergency or regulatory agencies. c. The responsible party shall be fully responsible for all costs associated with response, containment, cleanup, remediation, and disposal of the release.
4.30 Cleaning Fluids
No person shall use flammable or combustible solvents, cleaners, degreasers, or similar materials on the Airport except in open-air locations or within facilities specifically #2..
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19 approved by the Airport Manager and Fire Authority, and designed, ventilated, and equipped with fire protection systems in accordance with applicable fire and building codes.
4.35 Aircraft Painting, Refinishing, and Surface Treatment Aircraft painting, doping, stripping, sanding, coating, refinishing, and similar surface treatment activities shall be conducted only in accordance with all applicable federal, state, and local laws, regulations, and permit requirements, including environmental and fire protection standards.
Painting or surface coating of aircraft or aircraft components within hangars is prohibited unless specifically authorized by the Airport Manager and conducted in an approved facility designed and equipped for such activities, including appropriate ventilation, fire protection, and environmental controls.
4.40 Disposal of Toxicants/Pollutants
a. No person shall dispose of, discharge, release, or abandon any oils, fuels, solvents, chemicals, hazardous materials, pollutants, or waste products on the Airport except in containers or facilities specifically designated for that purpose. Such materials shall not be allowed to enter any storm drain, drainage channel, sanitary sewer, waterway, or other environmentally sensitive area.
b. Hazardous materials shall not be disposed of in trash receptacles provided by the City or Airport. Hazardous materials include, but are not limited to, used oil, fuels, solvents, batteries, paints, tires, cleaning chemicals, and other regulated wastes. c. All Airport users shall comply with all applicable federal, state, and local environmental laws, regulations, permits, and Airport environmental requirements.
4.45 Waste Disposal and Housekeeping
a. No person shall discard, deposit, or dispose of garbage, paper, rags, refuse, trash, recyclables, debris, or other waste materials on the Airport except in receptacles or facilities designated for that purpose.
b. No person shall bring onto the Airport or abandon on Airport property any fill material, construction debris, demolition waste, landscaping waste, scrap material, or other waste for the purpose of disposal or dumping.
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20 c. Trash and waste receptacles provided by the City or Airport are intended solely for waste generated by authorized activities conducted on Airport property and shall not be used for disposal of residential, commercial, construction, landscaping, or off-Airport waste.
4.50 Restricted Areas
a. Restricted areas are established for safety and security purposes. Access to areas of the Airport posted or designated as Restricted Areas, Security Areas, or otherwise controlled access areas is limited to authorized persons only. Unauthorized access by the general public is prohibited.
b. Access to the Airport Operations Area (AOA) may be permitted to pilots, aircraft owners, passengers, and authorized guests only when conducting legitimate airport-related activities and subject to Airport rules, operational requirements, and any applicable escort or access control procedures established by the Airport Manager. c. Airport Operations personnel (including contract security), FAA, TSA, Modesto Police Department, Stanislaus County Sheriff, and other local, state, and federal law enforcement agencies have jurisdiction, authority, and responsibility to enforce applicable laws, regulations, and Airport rules within Airport property consistent with their respective legal authorities.
4.55 Aircraft Security
When the condition, value, or operational requirements of an aircraft necessitate security protection, the aircraft owner or operator shall coordinate such requirements with the Airport Manager in advance. The Airport Manager may require or approve the use of security guards, law enforcement officers, or other protective measures as appropriate.
The aircraft owner or operator shall be solely responsible for arranging, providing, and paying for any required security services.
4.60 Tenant Security
Tenants and tenant employees are responsible for safeguarding and properly securing all doors, gates, and other access control devices that separate the Airport Operations Area (AOA), airside, and landside areas. This includes ensuring that access points are not left unsecured or propped open and that unauthorized access is prevented. #2..
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21 Tenants and tenant employees shall immediately report any suspicious or unauthorized persons, activities, or security breaches to the Airport Manager or appropriate law enforcement authorities.
Tenants are an important part of the Airport security program and shall comply with all Airport security procedures and access control requirements.
Section 5 – Aviation Fuel Distribution and Permits
5.10 Approved Aviation Fuels
No person shall fuel or authorize fueling of any aircraft at the Airport except with aviation fuels that meet applicable ASTM standards and comply with the aircraft manufacturer’s approved fuel specifications as specified in the aircraft flight manual or operating limitations.
5.15 Aviation Fuel Distribution Restrictions
No person or entity shall bring, store, use, or distribute aviation fuel on the Airport except as authorized by the City. Any person or entity authorized to engage in aviation fuel distribution or mobile fueling operations shall comply with all applicable City ordinances, including the Modesto Municipal Code, Airport Rules and Regulations, and any applicable fire, safety, and environmental requirements.
Authorized fuel providers shall pay all applicable fuel flowage fees as established by City ordinance.
5.20 FBO Retail Fueling Permit
The City may issue a license to Full-Service Fixed Base Operators to provide retail aviation fueling services at the Airport in accordance with applicable federal obligations under the Federal Aviation Administration Airport Improvement Program grant assurances and all applicable City ordinances and Airport Rules and Regulations.
Each licensed FBO retail fuel provider shall maintain approved aviation fuel storage facilities, including aboveground or underground tanks, constructed and operated in compliance with applicable fire, building, and environmental codes and subject to approval by the Airport Manager and Fire Authority.
5.25 Self-Fueling
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22 Self-fueling is permitted at the Airport only in designated areas approved by the Airport Manager. No person shall conduct self-fueling operations on the Airport without first complying with all applicable City ordinances, applicable fire and safety codes, and executing a self-fueling agreement approved by the City or Airport Manager.
All self-fueling operations shall comply with applicable fuel handling safety requirements, including bonding, grounding, and spill prevention standards. Fuel flowage fees shall apply to all self-fueled aviation fuel dispensed on the Airport.
5.30 Bulk Delivery of Aviation Fuels
a. For purposes of this section, bulk fuel delivery refers to the delivery of large quantities of petroleum products intended for storage or distribution. Bulk aviation fuel deliveries shall be made only to approved aboveground or underground fuel storage facilities located on master lessee property or at City-owned Airport fuel storage facilities, unless the fuel is delivered directly into an aircraft’s fuel tanks in accordance with applicable fueling procedures.
b. Truck-to-truck transfer, decanting, or redistribution of aviation fuels on the Airport is prohibited for safety and environmental reasons unless specifically authorized in advance by the Airport Manager and the Fire Authority.
Section 6 – Hangar and TieDown Waiting List
6.10 General
The City maintains waiting lists to ensure the fair and orderly assignment of City-owned aircraft storage spaces, including hangars and tie-downs, except where the supply of a particular category of space exceeds demand.
A refundable deposit may be required to be placed on the waiting list, as established by City policy. The Airport Administration Office shall maintain and administer the Master Waiting List for the Airport. Applicants are responsible for keeping their contact information current and may contact Airport Administration to determine their status on the waiting list.
6.15 Application Procedures a. In order to be placed on a waiting list for a particular category of aircraft storage space, applicants shall submit to the Airport Administration Office a completed waiting list application and all applicable fees established in the City #2..
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23 Schedule of Fees and Service Charges. Payment shall be made in accordance with approved City payment methods.
b. Applicants are responsible for ensuring all submitted information is accurate and current. Failure to provide required information or fees may result in denial or removal from the waiting list.
6.20 Assignment of Storage Spaces
a. When a storage space becomes available, the Airport Administration Office shall contact the first eligible applicant on the waiting list by telephone and/or email to offer the space and arrange for inspection. If the applicant cannot be reached, staff shall make up to three (3) contact attempts over a five (5) business day period and may leave voicemail and/or email notifications where possible. If no contact is established within that period, the Airport Administration Office shall proceed to the next eligible applicant. Applicants are responsible for maintaining current contact information and may designate an authorized representative to act on their behalf.
b. If an eligible applicant cannot be contacted for an available space, the Airport Administration Office shall document the date and offer. The applicant shall retain their position on the waiting list for one subsequent offer opportunity. If the applicant cannot be contacted for two consecutive offers, the applicant may be moved to the bottom of the waiting list or removed from the list, and the waiting list deposit may be forfeited in accordance with City policy.
c. If an eligible applicant declines an offered space after being contacted, the Airport Administration Office shall document the offer and the date of declination. The applicant shall retain their position after the first declined offer but may be removed from the waiting list after a second declined offer, and the waiting list deposit may be forfeited in accordance with City policy.
6.25 Removal from the Waiting List
An applicant shall be removed from the waiting list upon any of the following:
a. Written request by the applicant to be removed, in which case the waiting list deposit shall be refunded in accordance with City policy;
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24 b. Acceptance by the applicant of an offered storage space, in which case the waiting list deposit shall be applied as a credit toward applicable fees or charges associated with the assigned space; or
c. The applicant’s second decline of an offered storage space, in which case the waiting list deposit shall be forfeited in accordance with City policy.
6.30 Remaining on the Waiting List for Upgrade of Space a. After accepting a storage space and executing a license agreement, a licensee may remain on the waiting list(s) for a future upgrade of storage space, subject to payment and retention of the applicable waiting list deposit as established by City policy. b. Licensees electing to remain on a waiting list for an upgrade shall designate the specific type and size of space desired. All policies and procedures governing assignment of storage spaces contained in this Section shall apply to licensees on an upgrade waiting list.
Section 7 – Hangar and Tie-Down Agreements
7.10 General
Retention of an aircraft storage space at the Airport is conditioned upon timely payment of all fees established in the City-approved schedule of rates and charges for hangar and tiedown rentals. All such fees shall be paid when due in accordance with City policy.
In addition to monthly rental fees, a refundable security deposit shall be required prior to initial occupancy of a hangar or tie-down space.
Each tenant shall maintain accurate aircraft registration information and shall maintain aircraft liability insurance in accordance with Airport requirements. Continued occupancy is conditioned upon compliance with these requirements.
Failure to maintain required insurance or pay fees when due may result in suspension or termination of the storage/hangar agreement.
7.15 Delinquency
Fees not paid when due shall be subject to late fees and penalty charges as established in the City’s current schedule of rates and fees.
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25 If an account becomes ninety (90) days past due on two (2) or more occasions within any rolling twelve (12) month period, the Airport Manager may terminate the hangar or tie-down agreement in accordance with City policy.
Section 8 – Abandoned, Derelict or Lost Property including Aircraft and Vehicles
8.10 Description
Abandoned, derelict, or lost property found in public areas at the Airport, including but not limited to aircraft, vehicles, equipment, machinery, baggage, or parts thereof, shall be reported to or turned in to the Airport Manager.
Such property shall be handled in accordance with applicable City procedures and state law governing found and abandoned property. The Airport Manager may transfer custody of such property to the Modesto Police Department or other authorized agency for processing, storage, and lawful disposition.
8.15 Removal Due to Immediate Danger
The Airport Manager may immediately remove, or cause to be removed, any vehicle, aircraft, or other property from any area of the Airport, including leased premises, when such property constitutes or reasonably appears to constitute an imminent threat to the health or safety of persons or property on the Airport.
The costs of such removal, including towing and storage fees, shall be the responsibility of the owner of the property and may be recovered in accordance with applicable law and City procedures.
The owner, if known, shall be notified of the removal and storage of such property by certified mail sent to the owner’s last known address within three (3) business days of removal.
8.20 Removal Due to Nuisance
The Airport Manager may direct the removal of any vehicle, aircraft, or other property from any area of the Airport, including leased premises, that is determined to constitute a nuisance or that is disabled, abandoned, or derelict and does not present an imminent threat to health or safety.
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26 Prior to removal, a warning notice shall be placed on the property, and reasonable efforts shall be made to notify the owner if known. The notice shall specify a timeframe for correction or removal, as established by Airport policy.
If the property is not removed within the specified timeframe, the Airport Manager may arrange for removal at the owner’s risk and expense. The City shall not be liable for damage resulting from removal except in cases of gross negligence or willful misconduct.
Appendix IA – Specialized Aeronautical Activities
1. The following specialized aeronautical activities require coordination with and approval from the Airport Manager prior to operation on Airport property:
a. Ultralight aircraft operations
b. Hot air balloon operations
c. Sailplane (glider) operations
d. Parachute operations and drops
e. Aircraft test flights and experimental operations
f. Banner towing operations
2. Operation of ultralight aircraft within the Airport traffic area, including landing, parking, and takeoff, requires prior coordination and shall comply with 14 CFR Part 103 and applicable Airport procedures.
3. The Airport Manager has the authority to approve or deny requests for use of Airport facilities for balloon launches, experimental or homebuilt aircraft operations, surplus or military aircraft testing, and parachute operations where landing areas are located on Airport property.
4. The Airport Manager shall coordinate such activities with the FAA Contract Air Traffic Control Tower Manager when applicable.
5. The Airport Manager may restrict operations to designated areas of the Airport, including runways, taxiways, safety areas, or other approved locations, and may impose time-of-day restrictions as necessary for safety and operational efficiency.
6. Operators of specialized aeronautical activities shall maintain liability insurance in an amount and form determined by the City Risk Manager.
Appendix IIA – Special Events
1. The following special events conducted on Airport property require submission of an application to the Airport Manager at least sixty (60) days in advance of the proposed event:
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27 a. Airport open houses
b. Air shows
c. Fly-in events
d. Balloon festivals
e. Air races
f. Warbird demonstrations
g. Parachute team demonstrations
2. All special events are subject to approval by the Airport Manager and may also require coordination with the Federal Aviation Administration and other applicable regulatory agencies.
3. Special event sponsors shall be required to obtain liability insurance in an amount determined by the City Risk Manager. The policy shall name the City, its officers, agents, and employees as additional insureds.
Mandatory Compliance by the Special Event Sponsor
1. For special events reasonably expected to attract five hundred (500) or more attendees, the sponsor shall coordinate, as required by the Airport Manager, with local law enforcement agencies and the California Highway Patrol regarding traffic control and roadway impacts.
2. The sponsor shall provide or arrange for adequate services as required by the Airport Manager, including but not limited to vehicle towing, solid waste collection, and site cleanup during and after the event.
3. Special events shall be planned and conducted in a manner that ensures continuous and unobstructed access to the Airport for airline operations, general aviation users, emergency vehicles, and other Airport business activities.
4. Airport runways, taxiways, and/or landside closures must be coordinated in advance and approved by the Airport Manager. All closures shall be implemented in accordance with applicable FAA requirements and, when required, coordinated through appropriate FAA procedures, including issuance of NOTAMs.
5. Special events involving non-routine aircraft maneuvers shall be coordinated with the Airport Manager and, when applicable, the Federal Aviation Administration Flight Standards District Office (FSDO) or other appropriate FAA offices.
6. The sponsor shall be responsible for all costs associated with cleanup, repair, and restoration of Airport property damaged or impacted as a result of the special event, including reasonable administrative and response costs incurred by the City. #2..
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28 7. Special events involving aerial activities not routine to the Airport shall require designation of an Air Boss (Event Air Operations Director) experienced in the coordination of such operations. The Air Boss shall be subject to approval by the Airport Manager and shall be responsible only for coordination of event-related aerial operations in accordance with Airport and FAA requirements. #2..
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29 City of Modesto
Public Works Department
Airport Division
Incident Report Form
617 Airport Way
Modesto CA 95354
209 577-5318
FAX 209 576-1985
INCIDENT INFORMATION
INCIDENT TYPE: DATE OF INCIDENT:
SPECIFIC AREA OF LOCATION (if applicable):
WEATHER CONDITIONS:
NATURE OF INCIDENT:
NAME / ROLE / CONTACT OF PARTIES INVOLVED
1. 2.
3. **Attach images to this document.
REPORTED BY: DATE OF REPORT:
TITLE / ROLE: PHONE NUMBER:
POLICE REPORT FILED:
AIRCRAFT TYPE & TAIL
NO:
REPORTING OFFICER:
VEHICLE LICENSE
(If applicable):
PHONE:
SUPERVISOR SUPERVISOR DATE:
Exhibit 1 – Aircraft Accident/Incident Report
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 2, 2026
Date: August 12, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for Painting Services for Various Wastewater and Water Sites CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider an Agreement for Painting Services for Wastewater and Water Sites with D&H Painting Inc., Rancho Cordova, CA, for a total amount not to exceed $1,717,802, over five (5) years and forwarding to Council for approval. (Funding Source: Sewer and Water Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan Initiatives: “Quality of Life”, Goal D: “Provide safe, efficient and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.” BACKGROUND:
The City of Modesto, Water Services Division, operates and maintains 102 water well sites and 13 storage tank sites located in and around Modesto, Salida, Turlock, Grayson, Del Rio, Ceres, and Empire. The Water Division’s painting program identifies and prioritizes the painting of well and tank sites, estimating six (6) well sites and one (1) tank site for each contract year.
Tank sites are typically painted every five (5) to ten (10) years with an estimated annual cost of $82,000. Services could include painting tanks, control rooms, electrical #3..
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Economic Development Committee, September 2, 2026
Agreement for Painting Services for Various Wastewater and Water Sites
cabinets, conduits, motors, water pipelines and appurtenances. All surfaces are pressured washed, paint scraped when needed, spot primed and painted.
On October 8, 2024, by Resolution 2024-377, Council authorized an Agreement for the Painting of Water Wells and Tank Sites to HB Restoration Inc., Rio Linda, CA, for twoyears (2) with three (3) one-year extension options at the sole discretion of the City, for an estimated annual amount of $126,000 and a total amount not to exceed $669,076 over five (5) years for the Water Division.
The Wastewater Division is responsible for maintaining the City’s assets at the City of Modesto Regional Water Recycling Facility – Sutter Campus and Jennings Campus, including various pump station sites throughout the City. These assets are routinely exposed to highly corrosive environments due to the presence of hydrogen sulfide generated by sewer contents.
Wastewater staff had also determined it was necessary to begin a regularly scheduled maintenance program for the painting of various assets considered at risk of deterioration due to the corrosive environments where they are housed and operated.
The pricing and services Wastewater requested were captured as part of the scope of the Invitation For Bid (IFB) that was solicited for the Water Division but due to the number of facilities and structures that required site visits for more accurate estimates, the quotes for Wastewater were received much later after the Agreement was put in place for the Water Division. The original Agreement amount included pricing for hourly rates for painters and the cost for paint for the painting of the Water Division’s Water Wells and Tank sites. The Wastewater Division requested the same services utilized by the Water Division.
The Wastewater Division then requested to increase the existing agreement in order to include the painting of the City’s Wastewater assets, which included Wastewater structures, tanks, backflows, pumping stations, aboveground pipes and safety railings by an estimated $200,000 a year, for a total not to exceed $1,537,529 over five years for the work needed for both Wastewater and Water Division.
On January 13, 2026, by Resolution 2026-21, Council approved the First Amendment with HB Restoration Inc., Rio Linda, CA, increasing the Agreement amount by $868,453, for a new total amount of $1,537,529 through the term of the Agreement.
On February 7, 2026, the City of Modesto terminated the agreement with HB Restoration, Inc. for Painting of Water Wells and Tank Sites effective March 13, 2026 due to multiple repetitive state violations.
DISCUSSION:
The Wastewater and Water Divisions would like to establish a new five (5) year Agreement for the painting of City Utilities infrastructure, including structures, tanks, backflows, pumping stations, aboveground pipes, safety railings tanks, control rooms, #3..
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Economic Development Committee, September 2, 2026
Agreement for Painting Services for Various Wastewater and Water Sites
electrical cabinets, conduit, motors, water pipelines and appurtenances and to implement a regularly scheduled maintenance program.
On April 2, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Painting Services. On May 19, 2026, the Purchasing Division issued IFB-00092 for Painting Services on the City’s OpenGov public bidding website under various commodity codes1. 4,470 prospective bidders were notified online and via email which included 51 local vendors of the bid opportunity. 55 downloaded the IFB document from OpenGov and four (4) were local vendors.
On June 30, 2026, bids were formally opened in the City Clerk's office and broadcast via Microsoft Teams Livestream. Three (3) chose to respond, no local bids were received. Based on providing the lowest responsive and responsible bid, City staff recommended awarding Painting Services for Wastewater and Water Sites to D&H Painting Inc., Rancho Cordova, CA for an estimated annual amount of $343,560, and a total amount not to exceed $1,717,802 over five (5) years.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to follow formal bid procedures. An award of Bid and Agreement for Painting Services for the Utilities Department to D&H Painting Inc., Rancho Cordova, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and D&H Painting Inc. was the lowest responsive and responsible bidder.
FISCAL IMPACT:
Expenditures for the previous five-year agreement for painting water wells and tank sites are listed below:
Contract Year Expended
YR 1 (10/08/20 – 10/07/21) $80,346
YR 2 (10/08/21 – 10/07/22) $85,790
YR 3 (10/08/22 – 10/07/23) $161,735
YR 4 (10/08/23 – 10/07/24) $48,400
YR 5 (10/8/24 – 10/07/25 $77,712
TOTAL $453,983
The table below contains projected spending for the next five years, with years one and two fixed. The overall agreement total was calculated by forecasting the Consumer Price Index (CPI) percentage increases based on average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. 1 63000 Paint, Protective Coating, Varnish, Wallpaper, And Related Products 63500 Painting Equipment and Accessories
91054 Painting, Maintenance and Repair Services (Including Caulking) 91461 Painting and Wallpapering
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Economic Development Committee, September 2, 2026
Agreement for Painting Services for Various Wastewater and Water Sites
Annual increases will be calculated using the current CPI index at the time of the requested increase.
ANTICIPATED AGREEMENT EXPENDITURES:
CY 1 CY 2 CY 3 CY 4 CY 5 5-YR Total
Base Request $320,000 $320,000 $320,000 $338,880 $358,874
5.9% CPI Increase 0 0 $18,880 $19,994 $21,174
Est. Annual Amount $320,000 $320,000 $338,880 $358,874 $380,048 $1,717,802 CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Award of Bid and Agreement for Painting Services for Wastewater and Water Sites to D&H Painting Inc., Rancho Cordova, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $343,560, and a total amount not to exceed $1,717,802, over five (5) years and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Agreement
2. Exhibit B - Bid Submittal
3. Exhibit C - IFB-00092 Painting Services
4. Exhibit D – Insurance Requirement
5. Exhibit E - Pricing
6. Cost Abstract
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1 ANNUAL AGREEMENT FOR
PAINTING SERVICES – AGREEMENT #329793
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and D&H Painting Inc., a California corporation, hereinafter called CONTRACTOR.
W I T N E S S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the furnishing of Painting Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Painting Services as described in IFB-00092, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
A. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B” and in strict accordance with the conditions of the complete AGREEMENT.
B. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. #3..
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2 C. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
D. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
E. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $343,560. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,717,802. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit "B".
F. The AGREEMENT pricing is attached hereto as Exhibit "E". Pricing during AGREEMENT years one and two shall be as set forth in Exhibit "E", attached hereto and made a part hereof by this reference.
2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit "B" are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#:20260645474
3. CITY REPRESENTATIVE:
CITY Representative is Nolan Harris, [email protected], Wastewater Division and Tony Benns,[email protected], Water Division
Purchasing Representative is Armando Fabro, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT issued by the City of Modesto, Purchasing Division.
4. CONTRACTOR CONTACT:
Mike Karapetyan
(916) 524-2196
[email protected]
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3 5. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two (2) years with three (3) one-year extension options at the sole discretion of CITY for a total of up to five (5) years.
Year 1: November 1, 2026 through October 31, 2027
Year 2: November 1, 2027 through October 31, 2028
Year 3: November 1, 2028 through October 31, 2029
Year 4: November 1, 2029 through October 31, 2030
Year 5: November 1, 2030 through October 31, 2031
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
Price adjustments for diesel fuel fluctuations may be considered. 30 day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.
6. INSURANCE REQUIREMENTS:
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit "D" to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit "D" to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
7. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR by Net 45 Days via manual check. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
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4 Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 329793
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total
8. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
9. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
10. ATTORNEY'S FEES:
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
11. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
A. Proofs of insurance (approved by CITY Risk Manager); and #3..
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5 B. Resolution No.2026 - ____;
C. CONTRACTOR Bid submittal;
D. IFB-00092;
E. Contractor’s City of Modesto business license
12. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT and/or the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the SERVICES as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; #3..
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6 H. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
I. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.
J. CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; L. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
13. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
14. FAILURE TO PERFORM SATISFACTORY WORK:
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
A. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
B. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
C. Recommend termination of AGREEMENT between said CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
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7 15. ASSIGNMENT OF RIGHTS:
The CONTRACTOR offers and agrees and will require all subcontractors and suppliers to agree to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
16. CITY PROCESS/PROCEDURE APPROVALS:
CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
17. DIR REGISTRATION:
Pursuant to Labor Code section 1771.1, CONTRACTOR may not engage in the performance of the Services set forth in Exhibit “B”, unless currently registered and qualified to perform public work pursuant to Section 1725.5 thereof. As required in Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, during term of this AGREEMENT, CONTRACTOR shall be registered to perform public work pursuant to Section 1725.5 thereof.
18. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:
If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
19. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: D&H Painting
Attention: Mike Karapetyan
11128 Portage River Court
Rancho Cordova, CA 95670
(916) 524-2196
[email protected]
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8 CITY: City of Modesto
Purchasing Division
Attention: Armando Fabro
P.O. Box 642
Modesto, CA 95353
(209) 577-5405
[email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
20. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.
21. QUANTITIES:
No minimum or maximum is guaranteed or implied.
22. FUNDING:
All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
23. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
24. NON-DISCRIMINATION:
A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.
The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of #3..
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9 the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
B. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
D. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
25. CONTRACTOR LICENSES & PERMITS:
CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits required to perform the SERVICES.
26. RECORDS:
All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
27. FACILITIES AND EQUIPMENT:
Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
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10 28. INDEPENDENT CONTRACTOR; NOT AGENT:
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
29. DRUG FREE WORKPLACE:
CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
30. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
31. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
32. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
33. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
34. ENTIRE AGREEMENT:
This AGREEMENT and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’s bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit "C", are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties. #3..
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11 35. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No.2026 - ________, adopted by the Council of the City of Modesto on the 13th day of October, 2026 and D&H Painting Inc. has caused this Agreement to be duly executed. #3..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
RESPONSE DEADLINE: June 23, 2026 at 11:00 am
Report Generated: Wednesday, June 24, 2026
D&H Painting Response
CONTACT INFORMATION
Company:
D&H Painting
Email:
[email protected]
Contact:
Mike Karapetyan
Address:
11128 Portage River Court
Rancho Cordova, CA 95670
Phone:
N/A
Website:
N/A
Submission Date:
Jun 22, 2026 9:32 PM (Pacific Time)
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
ADDENDA CONFIRMATION
Addendum #1
Confirmed Jun 22, 2026 8:45 PM by Mike Karapetyan
QUESTIONNAIRE
1. Acknowledgements
IFB ACKNOWLEDGEMENT*
Pass
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
PREPARATION OF BIDS*
Pass
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
TAXES AND FREIGHT CHARGES*
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
Pass
Bidder acknowledges that:
A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.
B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid.
C. Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.
D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
AWARD*
Pass
Bidder Acknowledges that:
A. Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.
B. Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.
C. A valid, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
PATENT INDEMNITY*
Pass
Bidder Acknowledges:
Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
SAMPLES*
Pass
Bidder Acknowledges:
Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Pass
Bidder Acknowledges:
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
A. In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.
B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.
C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Pass
Bidder Acknowledges:
In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.
By checking the "please confirm" box below, you acknowledge the above statement. #3..
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
Confirmed
NO GUARANTEE OR WARRANTY*
Pass
Bidder Acknowledges that:
The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
MINOR IRREGULARITIES*
Pass
Bidder Acknowledges that:
The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
2. Bidder Company Information
BIDDER COMPANY FULL LEGAL NAME*
Pass
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.
D&H Painting
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Pass
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.
NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.
N/A
TYPE OF LEGAL ENTITY*
Pass
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question.
Yes
TYPE OF LEGAL ENTITY - SELECT*
Pass
Please select which of the following legal entity options under which the Bidder Company operates.
Corporation
LEGAL ENTITY STATE OF REGISTRATION*
Pass
In which State is the Bidder Company registered?
CA
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
BIDDER COMPANY HEADQUARTERS ADDRESS*
Pass
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
11128 PORTAGE RIVER CT
RANCHO CORDOVA, CA 95670
BIDDER COMPANY WEBSITE ADDRESS*
Pass
Please provide the full company website address for the Bidder Company.
N/A
CONTACT PERSON DETAILS*
Pass
Please provide the following information for the Contact person for this bid:
• Name
• Title
• Phone (Office)
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
MIKE KARAPETYAN, PROJECT COORDINATOR
916-524-2196
11128 PORTAGE RIVER CT
RANCHO CORDOVA, CA 95670
[email protected]
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Pass
Please provide the Bidder Company's Federal Taxpayer Identification Number here. 92-0426754
DUNS & BRADSTREET (DUNS) NUMBER
Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here.
No response submitted
BIDDER OFFICER NAMES AND TITLES*
Pass
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
• Full Name, Full Title
• Full Name, Full Title
DAVID KARAPETYAN - PRESIDENT
HASMIK SIMONYAN - SECRETARY, TREASURER
YEARS IN BUSINESS*
Pass
For how long has the Bidder Company been in business? Please indicate in number of years. 20 CLOSEST BIDDER OFFICE*
Pass
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
• City
• State
• Country
• Postal Code
11128 PORTAGE RIVER CT.
RANCHO CORDOVA, CA 95670
CITY OF MODESTO BUSINESS LICENSE*
Pass
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
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.
No
STATE OF CALIFORNIA CONTRACTOR LICENSE NUMBER*
Pass
Please provide your State of California Contractor License Number (if available). 1096504
Click to Verify Value will be copied to clipboard
CONTRACTOR LICENSE EXPIRATION DATE*
Pass
Please enter the current expiration date of your State of California Contractor's License (if available). 09/30/2026
DIR REGISTRATION NUMBER*
Pass
Please provide your State of California Department of Industrial Relations (DIR) Registration Number. 1000990805
Click to Verify Value will be copied to clipboard
DIR REGISTRATION EXPIRATION DATE*
Pass
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number. #3..
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
06/30/2026
3. Pricing Schedule
PRICING SCHEDULE*
Pass
Please download the below documents, complete, and upload. • Pricing_Schedule.docx
Pricing_Schedule.pdf
PREPARATION OF PRICING SCHEDULE*
Pass
All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid.
By checking the "please confirm" box below, you acknowledge the above statement.
Confirmed
4. City Forms
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Pass
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? No
BIDDER CUSTOMER REFERENCES*
Pass
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
Completed_Projects_-_References_(05-24-26).pdf
FINANCIAL INTEREST DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
Financial_Interest_Disclosure__IFB.pdf
LOCAL VENDOR?*
Pass
Is the Bidder a local vendor as defined by the following requirement? To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
No
BIDDER COMPANY HISTORY STATEMENT*
Pass
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
Bidder_Company_History_Statement.pdf
BIDDER WARRANTY STATEMENTS*
Pass
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
Bidder_Warranty_Statements.pdf
BIDDER EXPERIENCE AND CERTIFICATIONS*
Pass
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
636d4c1f-a0d2-45dd-861a-5ff705103573_Bidder_Experience_and_Certifications.pdf SUBCONTRACTORS?*
Pass
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No
CALIFORNIA LEVINE ACT DISCLOSURE*
Pass
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
Modesto_Levine_Act_Statement_Form.pdf
PREVAILING WAGE LABOR CRAFT AND LABOR RATE*
Pass
Please download the below documents, complete, and upload. #3..
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[D&H PAINTING] RESPONSE DOCUMENT REPORT
IFB No. IFB-00092
Painting Services
[D&H PAINTING] RESPONSE DOCUMENT REPORT
Invitation For Bid - Painting Services
• Prevailing_Wage_Form.doc
3b7ee287-f48b-4303-b0ff-751cddf8360e_Prevailing_Wage_Form.pdf
5. 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.
No response submitted
SUBMITTAL CONFIRMATION*
Pass
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.
By checking the "please confirm" box below, you certify the above statement.
Confirmed
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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.
SAMPLE SITES FOR BIDDING PURPOSES: The City has developed a “scope of work” and locations of three well/tank site that will be used for bidding purposes. The sample jobs are indicative of a small site, a medium site, and a large site. The lowest bidder will be determined by the sum of all three sample jobs.
Materials shall be at the Contractors landed cost less any earned discounts, plus a markup of 15% plus sales tax.
SAMPLE JOB 1:
SMALL SITE – WELL #57, 329 10TH ST., MODESTO, CA 95354
STATE ESTIMATED HOURS TO COMPLETE JOB: ____________________________ Description Qty Unit Price
Painting of Discharge Water Lines 1 JOB
Painting of Standby Generator 1 JOB
Painting of Electrical Motor, Cabinets and Conduits 1 JOB TOTAL BID PRICE FOR REPRESENTATIVE SAMPLE JOB (All-inclusive Materials and Labor):
SAMPLE JOB 2:
MEDIUM SITE – WELL #236, 700 RACHELLE DRIVE, MODESTO, CA 95351 STATE ESTIMATED HOURS TO COMPLETE JOB: ____________________________ Description Qty Unit Price
Painting of Fiberglass Shelters 1 EA
Painting Carbon Steel Tank (GAC) 2 EA
Painting of Discharge Water Lines 1 JOB
Painting of Electrical Motors, Cabinets and Conduit 1 JOB MISC FEES INCLUDING EQUIPMENT, DESCRIBE 1 LOT
TOTAL BID PRICE FOR REPRESENTATIVE SAMPLE JOB (All-inclusive Materials and Labor):
20 $450
$1,000
$1,000
$2,450
25 $610
$3,000
$1,000
$1,000
$431
$6,041
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SAMPLE JOB 3:
LARGE SITE – TANK 12, 2616 ELM AVE, MODESTO, CA 95358
STATE ESTIMATED HOURS TO COMPLETE JOB: ____________________________ Description Qty Unit Price
Painting of Block Building, Doors, Walls and Trim 1 JOB Painting of Discharge Water Lines 1 JOB
Painting of Electrical Motors, Cabinets and Conduit 1 JOB Painting of Storage Tanks 1 JOB
PLEASE INCLUDE ITEMIZED MISC FEES
INCLUDING EQUIPMENT, DESCRIBE
1 LOT
TOTAL BID PRICE FOR REPRESENTATIVE SAMPLE JOB (All-inclusive Materials and Labor):
SUM TOTAL OF ALL 3 SAMPLE JOBS $ ____________________________ Pricing Schedule
Item Description QTY Unit of Measure
(UOM)
Price
1 Painter – Regular Hourly Rate 1 Hourly $
2 Painter – Overtime Hourly Rate 1 Hourly $
3 Painter – Weekend/Holiday Hourly Rate 1 Hourly $
Paint – State Paint Brand and Paint Type
Item Description QTY Unit of Measure
(UOM)
Price
4 Paint - Gallon $
5 Paint - Gallon $
6 Paint - Gallon $
7 Paint - Gallon $
8 Paint - Gallon $
9 Paint - Gallon $
10 Paint - Gallon $
60 $1,500
$1,000
$5,800
Type text here
$750
$1,500
$10,550
$19,041
74.43 99.73
125.03
SHERWIN WILLIAMS DTM 1
SHERWIN WILLIAMS LATEX TOPCOAT SUPER 1 23.00
INDUSTRIAL ENAMEL 1 30.00
35.00 #3..
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11 Paint - Gallon $
12 Paint - Gallon $
13 Paint - Gallon $
14 Paint - Gallon $
15 Paint - Gallon $
16 Paint - Gallon $
Equipment QTY Unit of Measure
(UOM)
Price
17 $
18 $
19 $
20 $
21 $
22 $
23 $
Other QTY Unit of Measure
(UOM)
Price
24 $
25 $
26 $
27 $
Payment Terms:
Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in IFB Acknowledgement):
Choose One:
Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing:
☐ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or ePay Email Address: Click or tap here to enter text.
Option B Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing:
☐ Choose by checking () here.
THE undersigned acknowledges receipt of the referenced IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.
BOOM LIFT - GENNIE 1 EACH 750
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Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
D&H PAINTING
DAVID KARAPETYAN
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D&H Painting
1 Completed Projects
Date: 08/10/15
Project: California State University Sacramento Water Tower Location: 6000 J Street. Sacramento, CA
Client: Fregoso Builders
Contact: Max Fregoso
Contact Title: President
Contact Phone: 916-363-7600
Contact Email: [email protected]
Description of Project: Exterior painting of 90’ water tower.
Contract Price: $50,000
Date: 04/02/16
Project: Fairfield Parking Structure
Location: 675 Texas Street. Fairfield, CA
Client: Z Squared Construction
Contact: Steve Quigley
Contact Title: Project Manager
Contact Phone: 707-975-5301
Contact Email: [email protected]
Description of Project: Painting of 6 story parking structure.
Contract Price: $48,000
Date: 07/30/16
Project: Natomas Monument Painting Project
Location: Del Paso Road/Blackfoot Dr. Natomas, CA
Client: City of Sacramento
Contact: Norm Colby
Contact Title: Project Manager
Contact Phone: 916-799-9207
Contact Email: [email protected]
Description of Project: Painting of community monument signs in 3 zones.
Contract Price: $28,000
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D&H Painting
2 Date: 03/15/17
Project: Folsom Broadstone Painting Project
Location: Folsom, CA (Bidwell Road)
Client: City of Folsom
Contact: Lorraine Poggione
Contact Title: Project Manager
Contact Phone: 916-355-7207
Contact Email: [email protected]
Description of Project: Painting of over 100,000 sq ft of community retaining walls. Project divided into 3 contracts/zones.
Contract Price: $88,000
Date: 06/10/17
Project: New Offices - Department of State Hospitals – Bateson Building Location: 1600 9th Street. Sacramento, CA 95814
Client: Z Squared Construction
Contact: Dan Lopez
Contact Title: Project Superintendent
Contact Phone: 707-373-4561
Contact Email: [email protected]
Description of Project: Priming and painting of 15,000 SF of new office space.
Contract Price: $28,000
Date: 07/15/17
Project: Lincoln Police Station
Location: 770 7th Street. Lincoln, CA 95648
Client: City of Lincoln
Contact Person: Scott Boynton
Contact Title: Project Manager
Contact Phone: 916-871-4309
Contact Email: [email protected]
Description of Project: Interior and Exterior Painting of Police Station.
Contract Price: $37,700
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D&H Painting
3 Date: 08/15/17
Project: Rio Vista Veteran’s Hall
Location: 610 St. Francis Way. Rio Vista, CA
Client: Z Squared Construction
Contact Person: Josh Hatfield
Contact Title: Superintendent
Contact Phone: 707-207-1707
Contact Email: [email protected]
Description of Project: Painting of interior and exterior of facility Contract Price: $25,000
Date: 09/05/17
Project: City Facilities & Restroom Painting Project
Location: 20 locations in Folsom, CA
Client: City of Folsom
Contact Person: Nick Coleman
Contact Title: Project Manager
Contact Phone: 916-743-3641
Contact Email: [email protected]
Description of Project: Painting of 20 park restrooms throughout the City of Folsom and facility management building.
Contract Price: $49,125
Date: 02/15/18
Project: Flowerwood Way Footbridge Painting Project
Location: Flowerwood Way. Sacramento, CA
Client: City of Sacramento
Contact Person: Tom Wulfert
Contact Title: Project Manager
Contact Phone: 916-215-7183
Contact Email: [email protected],
Description of Project: Painting of footbridge railings using PPG Advanced Coatings.
Contract Price: $3,500
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D&H Painting
4 Date: 06/06/18
Project: Meadowview Service Complex Buildings 1 & 2
Location: 2812 Meadowview Road. Sacramento, CA 95822
Client: City of Sacramento
Contact Person: Tom Wulfert
Contact Title: Project Manager
Contact Phone: 916-215-7183
Contact Email: [email protected]
Description of Project: Painting of 30’ tall city service complex.
Contract Price: $58,450
Date: 06/29/18
Project: CA Lottery Northern Distribution Center
Location: 2920 Ramco Street, West Sacramento, CA
Client: CA Lottery
Contact Person: Ryan George
Contact Title: Project Manager
Contact Phone: 916-879-2940
Contact Email: [email protected]
Description of Project: Painting of 45’ warehouse with truck loading docks/roll up doors.
Contract Price: $33,000
Date: 08/20/18
Project: Lynwood Elementary School
Location: 1320 Lynwood Drive. Novato, CA 94947
Client: Novato Unified School District
Contact Person: Mark Silva
Contact Title: Project Manager
Contact Phone: 415-798-1683
Contact Email: [email protected]
Description of Project: Exterior painting of Lynwood Elementary School Contract Price: $77,449
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D&H Painting
5 Date: 09/20/18
Project: Babcock Elementary School
Location: 2400 Cormorant Way. Sacramento, CA 95815
Client: Twin Rivers Unified School District
Contact Person: Dean Ismail
Contact Title: Project Manager
Contact Phone: 916-871-5663
Contact Email: [email protected]
Description of Project: Exterior painting of Babcock Elementary School Contract Price: $88,460
Date: 09/20/18
Project: Sacramento Regional Transit District Light-rail substations & Instrument House Painting
Location: Rancho Cordova, CA
Client: Sacramento Regional Transit
Contact Person: Greg Gamble
Contact Title: Project Manager
Contact Phone: 916-321-5346
Contact Email: [email protected]
Description of Project: Painting of instrument houses and substations using high performance coatings.
Contract Price: $40,000
Date: 04/15/19
Project: Food & Agriculture Building Exterior Painting
Location: 1220 N Street. Sacramento, CA 95814
Client: Department of General Services
Contact Person: Fuad Said
Contact Title: Project Manager
Contact Phone: 916-416-6298
Contact Email: [email protected]
Description of Project: Exterior painting of 4 story building in downtown Sacramento.
Contract Price: $112,000
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D&H Painting
6 Date: 04/29/19
Project: Department of Transportation, Rancho Cordova Center Location: 3165 Gold Valley Drive. Rancho Cordova, CA
Client: CalTrans
Contact Person: Marci Maggard
Contact Title: Project Manager
Contact Phone: 530-741-4174
Contact Email: [email protected]
Description of Project: Interior painting of 2 story office building.
Contract Price: $89,000
Date: 10/15/2019
Project: Livermore Airport Hangar Painting
Location: 680 Terminal Circle. Livermore, CA
Client: City of Livermore
Contact Person: Dennis Aberion
Contact Title: Project Manager
Contact Phone: 925-580-8317
Contact Email: [email protected]
Description of Project: Exterior painting of (6) aircraft hangars.
Contract Price: $105,000
Date: 05/15/2020
Project: Northern CA Power Agency Exterior Painting
Location: 651 Commerce Drive. Roseville, CA
Client: NCPA
Contact Person: Knat Holben
Contact Title: Project Manager
Contact Phone: 925-580-8317
Contact Email: [email protected]
Description of Project: Exterior painting of the Northern CA Power Agency Headquarters.
Contract Price: $26,000
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D&H Painting
7 Date: 08/20/20
Project: Modesto District Office & Pearson Education Center Exterior Painting Location: 426 Locust Street. Modesto, CA
Client: Modesto City Schools
Contact Person: Cary Collado
Contact Title: Project Manager
Contact Phone: 916-281-4063
Contact Email: [email protected]
Description of Project: Exterior painting of District Office & adjacent Education Center.
Contract Price: $86,432
Date: 08/15/20
Project: Vintage Hills Elementary Exterior Painting
Location: 1125 Concord Street, Pleasanton, CA
Client: Pleasanton Unified School District
Contact Person: Michael Rice
Contact Title: Project Manager
Contact Phone: 925-719-2651
Contact Email: [email protected]
Description of Project: Exterior painting Vintage Hills Elementary School.
Contract Price: $87,768
Date: 05/15/2021
Project: Alameda County Mosquito Abatement District Exterior Painting Location: 23187 Connecticut Street. Hayward, CA 94545
Client: Alameda County Mosquito Abatement District
Contact Person: Mark Weiland
Contact Title: Project Manager
Contact Email: [email protected]
Description of Project: Exterior painting of corrugated metal building and carports.
Contract Price: $31,458
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D&H Painting
8 Date: 08/13/21
Project: North Lake Blvd Mall Exterior Painting
Location: 8611 N. Lake Blvd Tahoe Vista, CA
Client: County of Placer
Contact Person: Duane Espinoza
Contact Title: Project Manager
Contact Phone: 530-886-4961
Contact Email: [email protected]
Description of Project: Exterior painting of (6) buildings located on North Lake Blvd in Tahoe Vista, CA. 8611, 8635, 8640, and 8645 North Lake Blvd and 8666 Salmon Ave.
Contract Price: $71,000
Date: 07/07/2022
Project: Westside Mission Possible Project
Location: 6537 West 2nd Street. Rio Linda, CA 95673
Client: Twin Rivers Unified School District
Contact Person: Abel Sanchez
Contact Title: Project Superintendent
Contact Phone: 916-764-0649
Contact Email: [email protected]
Description of Project: Exterior painting of all previously painted surfaces on entire school campus.
Contract Price: $127,000
Date: 07/16/2022
Project: Rancho Cordova Youth Center
Location: 10455 Investment Circle. Rancho Cordova, CA 95670 Client: City of Rancho Cordova
Contact Person: Jeff Seaberg
Contact Title: Project Superintendent
Contact Phone: 916-418-2590
Contact Email: [email protected]
Description of Project: Interior and exterior painting of Rancho Cordova Youth Center consisting of 15+ different colors.
Contract Price: $92,312
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D&H Painting
9 Date: 08/20/2022
Project: Vacaville Corporation Yard Admin Building
Location: 1001 Allison Drive. Vacaville, CA 95687
Client: City of Vacaville
Contact Person: Mike Donato
Contact Title: Project Superintendent
Contact Phone: 707-372-4236
Contact Email: [email protected]
Description of Project: Interior & exterior painting of buildingS A & B.
Contract Price: $89,347
Date: 08/16/2022
Project: Martha Riley Library
Location: 1501 Pleasant Grove Blvd Roseville, CA 95747
Client: City of Roseville
Contact Person: Rebecca McCoy
Contact Title: Project Manager
Contact Phone: 916-241-6471
Contact Email: [email protected]
Description of Project: Exterior painting of library building. This project consisted of erecting scaffolding and providing temporary fencing.
Contract Price: $126,812
Date: 01/05/2023
Project: Deer Creek ES
Location: 805 Lindley Avenue. Nevada City, CA 95959
Client: Nevada City School District
Contact Person: Stacy Russel
Contact Title: Project Manager
Contact Phone: 530-876-1363
Contact Email: [email protected]
Description of Project: Exterior painting of school multipurpose building.
Contract Price: $22,312
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D&H Painting
10 Date: 01/18/2023
Project: Auburn Veteran’s Memorial Hall
Location: 100 East Street. Auburn, CA 95603
Client: Pride Industries Construction Company
Contact Person: Alan Corr
Contact Title: Project Manager
Contact Phone: 916-759-4203
Contact Email: [email protected]
Description of Project: Exterior painting of veteran’s memorial hall.
Contract Price: $34,178
Date: 03/30/2023
Project: Stanislaus Regional Housing Units
Location: Merced Street. Newman, CA
Client: Stanislaus Regional Housing Authority
Contact Person: Mary Ramirez
Contact Title: Project Manager
Contact Phone: 209-557-2007
Contact Email: [email protected]
Description of Project: Exterior painting of 8 housing units for Stanislaus Housing Authority.
Contract Price: $29,000
Date: 09/15/2023
Project: Saint James Armenian Apostolic Church
Location: 8071 Old Auburn Rd. Citrus Heights, CA 95610
Client: Saint James Armenian Apostolic Church
Contact Person: Father Yeghishe
Contact Title: Project Manager
Contact Phone: 916-443-3633
Contact Email: n/a
Description of Project: Exterior painting of exterior of church located at the subject address Contract Price: $18,000
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D&H Painting
11 Date: 01/04/2024
Project: Sacramento Executive Airport – Capitol Helicopers Bldg Exterior Painting Location: 6151 Freeport Blvd, Sacramento, CA 95822
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
Description of Project: Exterior painting of metal and concrete building for the subject client.
Contract Price: $41,930
Date: 04/2024 – 07/2024
Project: Norwood Junior High School – Cafeteria Modernization Location: 4601 Norwood Ave. Sacramento, CA 95838
Client: Creekside Builders
Contact Person: Robert Romeo
Contact Title: Project Manager
Contact Phone: 916-870-9291
Contact Email: [email protected]
Description of Project: Interior painting of new cafeteria including open structure ceiling.
Contract Price: $72,164
Date: 07/01/2024
Project: CA State Distribution Center
Location: 2920 Ramco St. West Sacramento, CA 95691
Client: Z Squared Construction
Contact Person: Maika Yang
Contact Title: Project Manager
Contact Phone: 916-502-5875
Contact Email: [email protected]
Description of Project: Interior painting consisting of walls and ceilings in several warehouse sections.
Contract Price: $51,460
Date: 04/18/2024
Project: Building 10316 – Sacramento Executive Airport
Location: 6151 Freeport Blvd. Sacramento, CA
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
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D&H Painting
12 Description of Project: Exterior painting of concrete and corrugated metal building at Sacramento Executive Airport.
Contract Price: $55,000
Date: 12/10/2024
Project: Airborne Electronics - Sacramento Executive Airport Location: 6151 Freeport Blvd. Sacramento, CA
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
Description of Project: Exterior painting of corrugated metal building at Sacramento Executive Airport.
Contract Price: $51,111
Date: 03/26/2025
Project: CERP Building 7022 Shop
Location: 3819 Bazley Way. Mather, CA 95655
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
Description of Project: Exterior painting of corrugated metal and CMU building at Mather Airport.
Contract Price: $47,348
Date: 03/15/2025
Project: Dept of Consumer Affairs – Energy Upgrades Project Location: 10233 Systems Parkway. Sacramento, CA 95827
Client: Z Squared Construction
Contact Person: Maika Yang
Contact Title: Project Manager
Contact Phone: 916-502-5875
Contact Email: [email protected]
Description of Project: Exterior painting of concrete tilt up building, approximately 900 feet long, 40 feet wide and 30 feet high.
Contract Price: $75,000
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D&H Painting
13 Date: 03/15/2025
Project: Amtrak Awning Structure Painting
Location: 401 I Street. Sacramento, CA 95814
Client: City of Sacramento
Contact Person: Isaac Martinez
Contact Title: Project Manager
Contact Phone: 916-205-2471
Contact Email: [email protected]
Description of Project: Exterior painting of awning structure which houses the Amtrak rail buses.
Contract Price: $37,111
Date: 05/05/2025
Project: Hangar 10308 & 10309 - Sacramento Executive Airport Location: 6151 Freeport Blvd. Sacramento, CA
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
Description of Project: Exterior painting of corrugated metal hangars at Sacramento Executive Airport.
Contract Price: $66,000
Date: 07/15/2025
Project: Davis Migrant Center
Location: 31150 County Road. 105. Dixon, CA 95620
Client: Yolo Housing Authority
Contact Person: Tom Dogias
Contact Title: Project Manager
Contact Phone: 530-669-2240
Contact Email: [email protected]
Description of Project: Exterior painting of 37 duplexes at Migrant Center including dry rot repair and a metal shop building.
Contract Price: $150,000
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D&H Painting
14 Date: 09/10/2025
Project: PPM Building Exterior Painting
Location: 6685 Lindbergh Drive. Sacramento, CA 95837
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
Description of Project: Exterior painting of stucco building at Sacramento International Airport.
Contract Price: $51,000
Date: 09/15/2025
Project: Park Maintenance Wash Rack Building Exterior Painting Location: 6685 Lindbergh Drive. Sacramento, CA 95837
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
Description of Project: Exterior painting of 2 corrugated metal structures at Sacramento International Airport.
Contract Price: $52,000
Date: 11/14/2025
Project: Trash Compactor Awning Structure
Location: 6685 Lindbergh Drive. Sacramento, CA 95837
Client: Sacramento County
Contact Person: Song Ko
Contact Title: Project Manager
Contact Phone: 916-268-0102
Contact Email: [email protected]
Description of Project: Exterior painting of metal structure covering trash compactor near gate 3E at Sacramento International Airport.
Contract Price: $33,111
Date: 04/28/2026
Project: Mather Airport – Sheriff’s Office Interior Painting Location: Bazley Way. Mather, CA 95655
Client: Sacramento County
Contact Person: Eric Beasley
Contact Title: Project Manager
Contact Phone: 916-806-5364
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D&H Painting
15 Contact Email: [email protected]
Description of Project: Interior painting of Sheriff’s office headquarters at Mather Airport located in Mather, CA.
Contract Price: $16,000
Date: 05/15/2026
Project: Sacramento International Airport – FIFO Building Interior Office Painting Location: 6349 Lindbergh Dr. Sacramento, CA 95837
Client: Sacramento County – Department of Airports
Contact Person: Eric Beasley
Contact Title: Project Manager
Contact Phone: 916-806-5364
Contact Email: [email protected]
Description of Project: Interior painting of offices at FIFO building located at Sacramento International Airport in Sacramento, CA.
Contract Price: $47,000
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FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.
Bidder must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application. #3..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
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BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).
The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:
Bidder Company Legal Name: Insert Bidder Logo Here (if existent):
Insert Bidder Company History Overview Statement Beginning Here:
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BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, terms and conditions in conformance with the specifications and requirements set forth in this IFB.
Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.
All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.
Bidder Company Legal Name: Insert Bidder Logo Here (if existent):
Insert Bidder Warranty Statement Beginning Here:
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BIDDER EXPERIENCE AND CERTIFICATIONS
David Karapetyan, owner/operator will be present on each and every project ensuring a complete and final end product. David has 40 years of experience in the field of painting.
Mike Karapetyan, project coordinator, will be in charge of project management, billing, certified payroll, and all other administrative aspects of the project. With 15 years of experience in the field, Mike will ensure and smooth and timely delivery of each finished project.
No subcontractors will be used in the process of these projects.
All paint applicators will have a minimum of 3 years of experience in the painting field. #3..
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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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PREVAILING WAGE LABOR CRAFT AND LAROR RATE
The payment of Prevailing Wages is required for this project.
Labor Craft Direct Labor Rate*
Fringe Benefit
Rate**
Labor
Markup
(percent)
Price Per
Service
INDUSTRIAL PAINTER $ 50.60 /HR $ 23.83 /HR 0 % $74.43 /HR $ /HR $ /HR % $ /HR
$ /HR $ /HR % $ /HR
*Direct Labor Rate cannot be less than the minimum state prevailing wage. **Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00092
FOR
PAINTING SERVICES
THE PAYMENT OF PREVAILING WAGES IS REQUIRED
BIDS DUE: June 23, 2026 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
2 Table Of Contents
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS
VIRTUAL BID OPENING
GENERAL BID REQUIREMENTS
BID SUBMITTAL
TECHNICAL SPECIFICATIONS AND REQUIREMENTS
SAMPLE ANNUAL AGREEMENT - SERVICES
EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive electronic sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Painting Services equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City). Bidders are highly recommended to download all IFB documents from the City’s OpenGov Procurement portal at https://procurement.opengov.com/portal/modestogov; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid.
Each Bid shall be submitted electronically through the City's OpenGov Procurement portal prior to 11:00 am on Tuesday, June 23, 2026, after which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Bids will be received only in the manner stated above, and prior to the time indicated. Any Bid received at or after said time and/or date, or in a manner other than stated above cannot be considered.
Bids received in any other format will not be accepted. The City of Modesto assumes no responsibility for delay in the upload of documents or final submittal of the Bid. #3..
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
4 INSTRUCTIONS TO BIDDERS
CALENDAR OF EVENTS
IFB Issued: May 19, 2026
Mandatory Bid Walk (Mandatory): June 2, 2026, 8:00am
Well #57, 329 10th St., Modesto, CA
95354
Well #236, 700 Rachelle Drive, Modesto,
CA 95351
Tank 12, 2616 Elm Ave, Modesto CA
95358
Questions Due via City's OpenGov
Procurement portal:
June 9, 2026, 5:00pm
Addendum Issued (if required): June 16, 2026
Bid Due Date & Time: June 23, 2026, 11:00am
Approximate Contract Award Date: July 2026
CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted through the Question & Answer area of the City's OpenGov Procurement portal prior to 5:00 pm on Tuesday, June 9, 2026.
The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder.
Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.
BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site conditions (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the #3..
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
5 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 perform public work pursuant to Section 1725.5 at the time the contract is awarded.” This IFB is subject to the registration requirement set forth above.
PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void.
SUBMITTAL OF NO BID
If you are not submitting a Bid, you have the option to submit "No Bid" and state the reason you are not submitting a bid for this particular IFB.
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 am (Pacific Time) on Tuesday, June 23, 2026. The City Clerk Record of Proposal document should be available on the City's OpenGov Procurement portal by the end of the same day.
The public Bid opening for this Invitation for Bids will be available using the URL link provided below. By submitting your Bid for the above-stated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.
URL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Call-In#: 1 469-998-7409
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Armando Fabro. #3..
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
7 GENERAL BID REQUIREMENTS
BID SUBMITTAL
Bidders shall submit through the City's OpenGov Procurement portal. No hard copy bids or bids submitted in any other manner as that prescribed within this IFB will be accepted.
CONFIDENTIAL BIDDER INFORMATION
It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
BIDDER COSTS INCURRED IN RESPONDING TO IFB
All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.
BIDDER EXCEPTIONS
All exceptions taken to this IFB, and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.
CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS
An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.
COMPLETE BID DOCUMENT
The following City of Modesto forms provided with this IFB constitute the makeup of a complete Bid document and shall be signed wherever indicated and be submitted to the City as required by this IFB.
Failure to furnish any of these documents or information required within such documents may result in disqualification of Proposer.
• Pricing Schedule
• Bidder Exceptions, Clarifications, Amendments (if applicable) • Bidder Customer References
• Financial Interest Disclosure
• Support of Local Vendors (if applicable)
• Bidder Company History Statement
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
8 • Bidder Warranty Statements
• Bidder Experience and Certifications
• Subcontractor List (if applicable)
• California Levine Act Disclosure
• Prevailing Wage Form
COMPLIANCE/NON-COMPLIANCE
If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.
PROPOSED PRICING FORMAT
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials. • Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.
AWARD OF BID
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements. • Upon notification of the Intent to Award, Contractor must provide their Business License (if applicable), W-9 and Insurance Requirements (if applicable) within ten (10) business days. For Contractors who currently do not have a Business License with the City of Modesto, please submit your business application and pay the applicable fees using the link provided. https://modestogov.com/2379/BusinessLicense-Applications-and-Agreem. Submit your signed W-9 using the City’s Vendor Registration #3..
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
9 Form. This link will be provided to the vendor(s) named in the Intent to Award letter. Additionally, all insurance requirements should be submitted through the City’s PINS insurance portal. An email will be generated through the PINS system ([email protected]) with instructions on uploading insurance documents into the portal.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
SUPPORT OF LOCAL VENDORS
Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
INDEMNITY
The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid, except for claims arising from the willful or active negligence of the City. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of Cityowned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.
PREVAILING WAGE
Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website:
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10 BIDDER REPRESENTATION
Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work.
• Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.
• Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith.
• Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.
BID PROTEST AND APPEAL PROCEDURES
Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.
Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
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11 • A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
• The protest shall be accompanied by a certified cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review. • The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor; b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based;
d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.
All protests to the Director of Finance shall either be delivered to:
City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Director of Finance
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12 PO Box 642
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b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
Further protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
c. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
All protest appeals to the City Council shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
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13 Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
d. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
e. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a #3..
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14 contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #3..
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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. Before submitting the forms, make sure to review the forms to avoid submitting duplicate forms.
ACKNOWLEDGEMENTS
IFB ACKNOWLEDGEMENT*
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PREPARATION OF BIDS*
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
TAXES AND FREIGHT CHARGES*
Bidder acknowledges that:
A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.
B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid.
C. Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.
D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
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16 By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
AWARD*
Bidder Acknowledges that:
A. Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.
B. Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.
C. A valid, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PATENT INDEMNITY*
Bidder Acknowledges:
Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
SAMPLES*
Bidder Acknowledges:
Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.
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17 ☐ Please confirm
*Response required
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Bidder Acknowledges:
A. In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.
B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.
C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
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. #3..
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18 ☐ 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
*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? #3..
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19 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
☐ 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
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20 *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
• 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
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21 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
CITY OF MODESTO BUSINESS LICENSE*
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.
☐ Yes
☐ No
*Response required
When equals "Yes"
CITY OF MODESTO BUSINESS LICENSE NUMBER*
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
*Response required
STATE OF CALIFORNIA CONTRACTOR LICENSE NUMBER*
Please provide your State of California Contractor License Number (if available). *Response required
CONTRACTOR LICENSE EXPIRATION DATE*
Please enter the current expiration date of your State of California Contractor's License (if available). *Response required
DIR REGISTRATION NUMBER*
Please provide your State of California Department of Industrial Relations (DIR) Registration Number. *Response required
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22 DIR REGISTRATION EXPIRATION DATE*
Please enter the current expiration date of your Department of Industrial Relations (DIR) Registration Number.
*Response required
PRICING SCHEDULE
PRICING SCHEDULE*
Please download the below documents, complete, and upload. • Pricing_Schedule.docx
*Response required
PREPARATION OF PRICING SCHEDULE*
All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid.
By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
CITY FORMS
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications?
☐ Yes
☐ No
*Response required
When equals "Yes"
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Please download the below documents, complete, and upload. • Bidder_Exceptions,_Clarific...
*Response required
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. #3..
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23 • 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...
*Response required
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
*Response required
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • Bidder_Experience_and_Certi...
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24 *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
PREVAILING WAGE LABOR CRAFT AND LABOR RATE*
Please download the below documents, complete, and upload. • Prevailing_Wage_Form.doc
*Response required
ADDITIONAL BID INFORMATION
ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.
SUBMITTAL CONFIRMATION*
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.
By checking the "please confirm" box below, you certify the above statement. ☐ Please confirm
*Response required
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25 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
SCOPE OF WORK
The City of Modesto, Utilities Department, Water Division, operates approximately 102 water wells and 13 storage tank sites located in and around Modesto, Salida, Turlock, Grayson, Del Rio, Ceres, and Empire. The work covered by these specifications consists of furnishing the painting of these well and tank sites for the City.
The City of Modesto, Utilities Department, Wastewater Division is responsible for maintaining the City's assets at the City of Modesto regional Water Recycling Facility - Sutter Campus and Jennings Campus.
Additionally, work may be requested on various pump stations throughout the City during the agreement term. These assets are routinely exposed to highly corrosive environments due to the presence of hydrogen sulfide generated by sewer contents making it necessary to begin a regularly scheduled maintenance program for the painting of various assets considered at risk of breakdown due to the corrosive environments where they are housed.
TECHNICAL SPECIFICATIONS
The Contractor shall be responsible for all work related to painting of wells and tank sites, including but not limited to:
1. Furnishing all labor, materials, supplies, equipment, fuel, tools and insurance necessary to perform the required services.
2. All work shall be done in a professional manner.
3. The Contractor shall be responsible for all work and safety requirements at the job site. Contractor shall adhere to all State, City codes and laws, and California Occupational Safety and Health Administration (Cal-OSHA) requirements, pertaining to the services described in this IFB document. https://www.dir.ca.gov/dosh/dosh1.html
4. A detailed log of work completed for each job shall be given to the City Representative at time of invoicing. The City Representative shall identify requirements for invoice details.
5. Any additional work outside of the scope of service specified in this bid shall be billed at the hourly rate. The Contractor shall submit a quotation to the City Representative for review and approval.
Materials shall be at the Contractors landed cost less any earned discounts, plus a markup of 15% plus sales tax. When requested by the City, the Contractor shall furnish a copy of the manufacturer's invoice in order to verify the proper price charged to the City.
DEFINITIONS
Paints: Manufacturer's best ready-mixed coatings, except when field catalyzed, with fully ground pigments having soft paste consistency and capable of being readily and uniformly dispersed to complete homogenous mixture, having good flowing and brushing properties, and capable of drying or cutting free of streaks or sags. #3..
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26 SUBMITTALS
Manufacturer's instructions: Submit in accordance with requirements for Product Data, include:
1. Special requirements for transportation and storage.
2. Mixing instructions.
3. Shelf life.
4. Pot life of material.
5. Precautions for applications.
6. Surface preparation.
7. Method of application.
8. Recommended number of coats.
9. Recommended thickness of each coat.
10. Recommended total thickness.
11. Drying time of each coat, including prime coat.
12. Required prime coat.
13. Compatible and non-compatible prime coats.
14. Recommended thinners, when recommended.
15. Limits of ambient conditions, during and after applications.
16. Time allowed between coats.
17. Required protection from the sun, wind and other conditions.
18. Touch-up requirements and limitations.
19. Safety Data Sheets (SDS)
QUALITY ASSURANCE
A. Products: First lien or best grade.
B. Materials for each point system: By single manufacturer.
C. Applicator qualifications: Applicator of products similar to specified products with minimum 3 years of experience.
D. Regulatory requirements: Comply with by using paints that do not exceed governing agency’s VOC limits or do not contain lead.
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27 ENVIRONMENTAL CONDITIONS
A. Surface moisture contents: Do not paint surfaces that exceed manufacturer specified moisture contents.
B. Do not paint or coat:
1. Under dusty conditions
2. When ambient or surface temperature is less than 50 degrees Fahrenheit or unless manufacturer allow a lower temperature
3. When relative humidity is higher than 85 percent, unless manufacturer allows a higher relative humidity.
4. When surface temperature exceeds the manufacturer’s recommendation.
5. When ambient temperature exceeds 90 degrees Fahrenheit, unless manufacturer allows a higher temperature.
PROTECTION
A. Protect adjacent surfaces from paint and damage. Repair damage resulting from inadequate or unsuitable protection.
B. Furnish sufficient drop cloths, shields, and protective equipment to prevent spray or droppings from fouling surfaces not being painted and in particular, surfaces within storage and preparation area.
C. Place cotton waste, cloths, and material that may constitute fire hazard in closed metal containers and remove daily from site.
D. Remove electrical plates, surface hardware, fittings and fastenings, prior to painting operations.
1. Carefully store, clean, and replace on completion of painting in each area.
2. Do not use solvent or degreasers that may remove permanent lacquer finish to clean hardware.
INSPECTION
A. Thoroughly examine surfaces scheduled to be painted before starting work.
B. Start painting when unsatisfactory conditions have been corrected.
APPLICATION
All surfaces shall be pressure washed and dried prior to painting.
A. Spot prime as needed, and apply two coats of finish paint.
B. Some of the sites are equipped with plumbing that is epoxy lined and coated. Special attention shall be given to these types of mechanical equipment for priming. Paint that has peeled off of the surfaces within one-year of painting will require warranty repair.
C. Apply each coat at proper consistency.
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28 D. Do not apply finishes on surfaces that are not sufficiently dry.
E. Allow each coat of finish to dry before following coat is applied, unless directed otherwise by manufacturer.
F. Backprime exterior woodwork, which is to receive paint finish, with exterior primer paint.
G. Backprime interior woodwork, which is to receive paint or enamel finish, with enamel undercoat paint.
H. Prime top and bottom edges of wood and metal doors with enamel undercoat when they are to be painted.
MECHANICAL AND ELECTRICAL EQUIPMENT
A. Prime and paint insulated and bare pipes, conduits, boxes, insulated and bare ducts, hangers, brackets, collars, and supports, except where items are plated or covered with prefinished coating.
B. Replace identification markings on mechanical or electrical equipment when painted over or spattered.
C. Paint exposed conduit and electrical equipment occurring in finished areas with color and texture to match adjacent surfaces.
D. Do Not paint over any safety or manufacture sign stickers or labels and or placards on any surface. (Mask off areas of signage.)
CLEANING
A. As work proceeds and upon completion, promptly remove paint where spilled, splashed or spattered.
B. During progress of work, keep premises free from unnecessary accumulation of tools, equipment, surplus materials, and debris.
C. Upon completion of work, leave the premises neat and clean.
GENERAL SPECIFICATION
The types of items that shall be painted at the work sites include, but are not limited to:
A. Fiberglass Buildings
B. Block Buildings, Walls and Trims
C. Graffiti abatement
D. Discharge Water Lines
E. Electrical Motors, Cabinets and Conduits
F. Metal Buildings, Doors and Trims
G. Stand-by Generators
H. Storage Tanks
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29 I. Exterior Wooden Offices, Gates and Doors
J. Carbon Steel Tanks (GAC)
PAINT REQUIREMENTS
The types of paints, colors, and items to be painted are listed below. Unknown paint colors will match existing. Comparable products or Substitutions shall be submitted as an exception at the time of bid and will require approval by the City Representative.
Base Paint Finish Color Item Description
Sherwin Williams
Equivalent for all Kelly
Moore paints
Semi-gloss Smokey Beige Tanks, Pipes, Fiberglass
buildings, Motors
KM 5885 DTM semi-gloss Semi-gloss Smokey Beige Metal buildings KM 5885 DTM semi-gloss Semi-gloss Black Generator - Lower KM 5885 DTM semi-gloss Semi-gloss Smokey Beige Generator - Top KM 5885 DTM semi-gloss Semi-gloss Safety Yellow Bollards (Crash Posts) KM Semi Gloss, 00-0166-
MO
Semi-gloss Gray Electrical cabinets,
Conduits, and Switch gear
KM 1250 Latex Enamel Semi-gloss Pure White Trim
KM 1240 Flat Latex Flat Pure White Wooden Gates, Office, Metal Doors
Industrial Enamel Satin Green Transformer
SAMPLE SITES FOR BIDDING PURPOSES
The City has developed a "scope of work" and locations of three well/tank sites that will be used for bidding purposes. The sample jobs are indicative of a small site, a medium site, and a large site. The site visit is scheduled on June 2, 2026, Vendor's are advised to bring note pads and writing utensils for taking notes and questions. The City will be answering any questions as the site visits are conducted.
Station location:
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30 SMALL SITE MEDIUM SITE LARGE SITE
Well 57 Well 236 Tank 12
329 10th Street 700 Rachelle Drive 2616 Elm Ave
Modesto CA 95354 Modesto CA 95351 Modesto CA 95358
Color combos could vary based on location. Trim and base color will be determined on the site visit with City Representative and Contractor.
JOB PLANS AND WORK ORDER
The City and the Contractor shall meet at the proposed well/tank site at an agreed upon time where a job walkthrough and "scope of work" instructions will be given. At the time, the Contractor will measure all work and then submit a quotation to the City Representative.
WORK SCHEDULE
A. Work shall be scheduled through the City Representative. Each day the Contractor shall work on a specific site until the job is completed.
B. All work shall be performed Monday through from Friday 7:00 a.m. to 3:30 p.m., excluding all major holidays, City Staff may be present while contract work is performed. Arrangements can be made if necessary to work after hours with prior authorization from the City.
START OF JOB
Contractor shall start each job within fifteen (15) calendar days from the signed work order date.
SITE LOCATION ADDRESSES
The following list contains all well sites within the Modesto area. This list gives you a general idea of what the City plans on painting within the next five years. The Water Division does not have any specific site identified as of yet for each of those five years, however the City paints approximately 8 small sites, 11 medium sites, and 4 large sites annually. No quantities guaranteed or implied. Each site varies in size and is noted below. Sites may be subject to change. The Pricing Schedule depicts sample of the painting jobs.
Well# Address Location Size Well# Address Size
1 720 16TH STREET MODESTO MEDIUM 214 924 RICHLAND AVE. MODESTO MEDIUM 2 110 POPLAR AVE MODESTO MEDIUM 216 830 PECOS AVE. MODESTO SMALL 3 1179 8TH STREET MODESTO MEDIUM 217 450 BYSTRUM ROAD MODESTO LARGE 6 520 E. MORRIS AVENUE MODESTO SMALL 223 1218 ALAMO AVENUE MODESTO MEDIUM 7 440 W. MORRIS AVENUE MODESTO SMALL 225 100 SPENKER AVENUE MODESTO MEDIUM 9 1510 10th ST MODESTO SMALL 229 732 SUTTER AVENUE MODESTO MEDIUM 10 405 5TH STREET MODESTO SMALL 232 1502 GRIMES AVENUE MODESTO SMALL 14 924 VIRGINIA AVENUE MODESTO MEDIUM 236 700 RACHELLE AVENUE MODESTO MEDIUM #3..
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31 16 1730 ARDMORE AVENUE MODESTO SMALL 237 1678 SHIRLEY MODESTO MEDIUM 17 1418 BRONSON AVENUE MODESTO SMALL 241 2001 COX AVENUE MODESTO MEDIUM 21 1700 MCHENRY AVENUE MODESTO SMALL 247 4916 BROOKLYN COURT EMPIRE MEDIUM 25 607 WOODROW AVENUE MODESTO SMALL 250 4314 FINNEY ROAD SALIDA MEDIUM 29 701 ZEFF ROAD MODESTO SMALL 255 902 S. MINRET AVENUE TURLOCK MEDIUM 30 1105 CROWS LANDING ROAD MODESTO SMALL 256 305 HEDSTROM ROAD TURLOCK MEDIUM 33 2099 PRESCOTT ROAD MODESTO SMALL 259 3300 COFFEE RD. [VILLAGE 1] MODESTO MEDIUM 38 238 E. WHITMORE AVENUE MODESTO SMALL 262 2901 FITZPATRICK AVENUE MODESTO SMALL 39 3500 FOREST GLEN DRIVE MODESTO SMALL 264 199 ROBIN HOOD DRIVE MODESTO MEDIUM 40 420 N. RIVERSIDE DRIVE MODESTO SMALL 265 1024 GETTYSBURG WAY MODESTO MEDIUM 41 3427 SAGINAW COURT MODESTO MEDIUM 267 1150 E. ORANGEBURG AVENUE MODESTO MEDIUM 42 3499 SISK ROAD MODESTO SMALL 269 1211 ROSE AVENUE MODESTO MEDIUM 43 3741 CARVER ROAD MODESTO SMALL 271-a 1260 COUNTRY CLUB DRIVE DEL RIO SMALL 45 4029 FARA BIUNDO DRIVE MODESTO SMALL 271-b N/W MCHENRY @ STEWART MODESTO SMALL 46 2290 LINCOLN OAK DRIVE MODESTO SMALL 274 8930 CHARLES STREET GRAYSON MEDIUM 47 3001 DRY CREEK DRIVE MODESTO SMALL 275 2301 EVELLE LANE TURLOCK MEDIUM 48 4417 MCHENRY AVENUE MODESTO SMALL 277 501 CODONI AVENUE MODESTO SMALL 49 2111 CROWS LANDING ROAD MODESTO MEDIUM 278 2016 SCENIC DRIVE MODESTO MEDIUM 50 4000 TULLY ROAD MODESTO SMALL 279 2901 FARRAR AVENUE MODESTO MEDIUM 51 4344 DALE ROAD MODESTO SMALL 281 4900 SISK ROAD SALIDA MEDIUM 52 3001 BEAR CUB LANE MODESTO SMALL 282 7312 HILLCREST DRIVE DEL RIO MEDIUM 53 913 ROSELAWN AVE MODESTO MEDIUM 283 821 MARNI WAY MODESTO MEDIUM 54 3720 ARIA WAY MODESTO SMALL 284 1027 MUSICK AVENUE CERES MEDIUM 56 1140 GRAPHICS DRIVE MODESTO SMALL 285 8 C STREET EMPIRE MEDIUM 57 329 10TH STREET MODESTO SMALL 287 320 SCHOOL AVENUE MODESTO MEDIUM 58 3108 TUXFORD LANE (ALLEY) MODESTO MEDIUM 288 5400 MAXIMILLIAN DRIVE. SALIDA MEDIUM 59 314 YOSEMITE MEADOWS DRIVE MODESTO SMALL 289 7129 BELTIS DRIVE DEL RIO MEDIUM 61 4901 DALE ROAD / KAISER WELL MODESTO MEDIUM 290 5123 DURLEY DRIVE SALIDA MEDIUM 62 3601 SHARON AVE MODESTO MEDIUM 291 3400 YOSEMITE BLVD. MODESTO MEDIUM 63 3911 HONEY CREEK DR MODESTO SMALL 298 5256 PIRRONE CT SALIDA MEDIUM 64 2310 WARM SPRINGS MODESTO MEDIUM 299 5600 PIRRONE ROAD SALIDA MEDIUM 65 2400 MERLE AVENUE MODESTO SMALL 300 1619 SUNRISE AVENUE MODESTO SMALL 66 1834 ESTRELLITA COURT MODESTO MEDIUM 301 1201 S. CARPENTER ROAD MODESTO LARGE 67 4016 LITT RD MODESTO LARGE 304 1201 S. CARPENTER ROAD MODESTO LARGE 68 718 LADD RD MODESTO MEDIUM 305 1218 ALAMO AVENUE MODESTO LARGE 69 8930 CHARLES STREET GRAYSON MEDIUM 306 920 DELBON AVENUE TURLOCK SMALL 70 7111 MCHENRY AVENUE DEL RIO LARGE 307 2237 GLENDALE AVENUE MODESTO LARGE 71 2505 BRENNER WAY MODESTO MEDIUM 308 601 S. MCCLURE ROAD MODESTO SMALL 72 732 SUTTER AVENUE (ALLEY) MODESTO SMALL 310 108 NORTH FRAZINE ROAD MODESTO MEDIUM 204 431 TRASK AVE. MODESTO MEDIUM 312 5130 SOUTH AVENUE EMPIRE MEDIUM 211 904 EDGEBROOK DRIVE MODESTO MEDIUM 313 4400 CARLSON SALIDA MEDIUM 212 236 BEARD AVENUE MODESTO MEDIUM GALLO 153 S SANTA ROSA MODESTO MEDIUM 213 2310 LEHI AVENUE CERES MEDIUM
Tank Sites (all in Modesto):
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32 T2 329 10TH ST LARGE
T3 701 ZEFF RD LARGE
T4 3720 ARIA WAY (off Sylvan/past Oakdale Road) LARGE
T5 2400 MERLE AVENUE (off Oakdale Road) LARGE
T6 1201 S. CARPENTER ROAD (between Chicago & Houser) LARGE T7 1533 PLUMAS AVENUE (Whitmore and Ustick) LARGE
T8 1218 ALAMO AVENUE (between Crows Landing & 7th Street) LARGE T9 8415 YAMAMOTO WAY LARGE
T10 TANK 10, GALAS (Girasol & Ironside Drive) LARGE
T11 1105 BANGS AVE LARGE
T12 2616 ELM AVENUE (Rosemore & Elm) LARGE
T13 525 CODONI AVE LARGE
T14 718 LADD RD LARGE
The following lists contains the Wastewater Division's Sutter and Jennings location and the various items that may need painting throughout the agreement term. Additionally, services may also be needed on various pump station sites throughout the City.
Wastewater Sites
Location Item
1221 Sutter Ave Well #15
1221 Sutter Ave Light Standards
1221 Sutter Ave Backflow + 2 Gas Convaults
1221 Sutter Ave Well #15B
1221 Sutter Ave Sludge Meter Pit (2)
1221 Sutter Ave Safety Railing [Digester Pits, not the bridges] 1221 Sutter Ave High Voltage Cabinets
1221 Sutter Ave Bld 34 + Generator Exterior
1221 Sutter Ave Diversion Structure
1221 Sutter Ave Bld 42 Pipes
1221 Sutter Ave Grit Pump Room + Headworks
1221 Sutter Ave Influent Screw
1221 Sutter Ave Outfall Pumping Station
1221 Sutter Ave Valves Farm Actuators [5]
1221 Sutter Ave Scum Pump/Clarifier #1
1221 Sutter Ave Scum Pump/Clarifier #2
1221 Sutter Ave CBT Building Ext.
1221 Sutter Ave Digester Discharge Line + Sludge Mix Pump 1221 Sutter Ave Digester Discharge Line + Sludge Mix Pump 1221 Sutter Ave Sludge Mix Building Ext.
1221 Sutter Ave Sludge Mix Building INT.
1221 Sutter Ave Grit Deck [22 Actuators]
1221 Sutter Ave High Voltage E. Generators + Substation A 1221 Sutter Ave Crane
1221 Sutter Ave Cannery Seg. + Int.
7007 Jennings Rd Csst-Pmp101
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33 7007 Jennings Rd TP2 Primary
7007 Jennings Rd A1LT Recirc CH EFF
7007 Jennings Rd Phase 1 Primary EFF
7007 Jennings Rd TP2 Dilution
7007 Jennings Rd Researh Channel Pump
7007 Jennings Rd Fine Screen
7007 Jennings Rd TP2 Primary Floor
7007 Jennings Rd Membrane Drain
7007 Jennings Rd TP2 CIP Pump
7007 Jennings Rd TP2 RAZ Pump Station
7007 Jennings Rd TP2 WAZ
7007 Jennings Rd Tp2 Spent Tank
7007 Jennings Rd TP2 3W Hydro
7007 Jennings Rd TP2 Cooling
7007 Jennings Rd TP2 3W Pump Station
7007 Jennings Rd TP2 Tetiary E Flow
7007 Jennings Rd TP1 Setiary
7007 Jennings Rd TP1 Membrane Tank
7007 Jennings Rd TP1 Oxidation
7007 Jennings Rd Irrigation PWP Stations
7007 Jennings Rd EPS Station
MATERIAL APPROVAL
The City Representative shall have the opportunity, at his/her discretion, to approve all materials required for the job prior to their delivery at the work site.
Any work not conforming to the requirements of the specifications shall be considered unacceptable and shall be corrected by the Contractor, at the Contractor’s expense, unless otherwise permitted or directed by the City Representative. Upon failure of the Contractor to comply with any order from the City Representative, the City Representative shall have the authority to correct defective parts and/or materials, and deduct the cost from any monies due, or to become due to the Contractor.
ADDITIONAL AND EMERGENCY PROTECTION
Whenever, in the opinion of the City Representative, the Contractor has not taken sufficient precautions for the safety of the public, or property and structures adjacent to the work site, the City Representative may provide suitable protection with or without first notifying the Contractor. The cost and expense of such protection provided by the City shall be borne by the Contractor. The City shall deduct the cost of such protection from any monies due or to become due to the Contractor.
BARRICADES
The Contractor shall place barricades and/or safety ribbons as necessary to restrict access to the work areas.
The Contractor shall be responsible for maintaining access control of the work areas from the time work begins until the time the work site is returned to its pre-project condition, including paving and cleanup. The City shall be responsible for clearing the area of vehicles before Contractor begins job. #3..
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34 CLEAN UP
Prior to requesting final inspection, the Contractor shall carefully clean up and remove all surplus materials and/or debris of any type resulting from the Contractor's work from the work site and shall dispose of all materials and debris in a proper manner. The work site shall be left clean and neat.
DISPOSAL OF MATERIALS
The Contractor shall certify that any materials and debris removed for 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.
REQUIRED LICENSES
Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.
TERM OF AGREEMENT
The term of the agreement shall be for a period of two-years with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.
A. Pricing shall remain firm for the first two years of any agreement which may be awarded pursuant to this IFB.
B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.
C. Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data. #3..
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35 SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 20___, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _____, a _______, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 20___-______ authorizing the Award of Bid and agreement for the ______ SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ______ SERVICES as described in IFB ____-____, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT. e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $______. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $_____. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
[TBD - Insert Pricing Table Here]
2. PREVAILING WAGES
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” #3..
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36 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: Tony Benns, Utilities Plant Operations Supervisor, (209) 652-0002, [email protected]
CITY Representative is: Nolan Harris, Utilities Plant Maintenance Superintendent, (209) 342-4505, [email protected]
Purchasing Representative: Armando Fabro, Buyer, (209) 577-5420, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
4. CONTRACTOR CONTACT
<Enter Contact Information Here>
5. TERM OF AGREEMENT
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: MONTH DD, 20___ through MONTH DD, 20___
Year 2: MONTH DD, 20___ through MONTH DD, 20___
Year 3: MONTH DD, 20___ through MONTH DD, 20___
Year 4: MONTH DD, 20___ through MONTH DD, 20___
Year 5: MONTH DD, 20___ through MONTH DD, 20___
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT. #3..
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37 Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.
6. INSURANCE REQUIREMENTS
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
7. PAYMENT
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [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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38 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. 20___-____;
e. Contractor’s City of Modesto business license
12. TERMINATION OF SERVICES
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified #3..
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39 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 #3..
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40 termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
i. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; ii. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
13. COMPLIANCE WITH LAWS
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
14. FAILURE TO PERFORM SATISFACTORY WORK
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
15. ASSIGNMENT OF RIGHTS
The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
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41 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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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
42 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 #3..
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
43 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 “B” and “C”, and only under the terms and conditions set forth herein.
28. INDEPENDENT CONTRACTOR; NOT AGENT
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
29. DRUG FREE WORKPLACE
CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
30. ASSIGNMENT
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
31. WAIVER
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
44 32. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
33. MISCELLANEOUS
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
34. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
35. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
45 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 20___- _______, adopted by the Council of the City of Modesto on the ________ day of __________________, 20___ and _____________.has caused this Agreement to be duly executed.
CITY OF MODESTO
a municipal corporation
CONTRACTOR
By ________________________________ By ________________________________ JOSEPH P. LOPEZ
City Manager
(Signature)
By ________________________________
ATTEST: (Name & Title)
Date: _______________________________
By ________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
By ________________________________
JOSE M. SANCHEZ, City Attorney
By ________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
46 EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Contractor's Pollution Legal Liability and/or Asbestos Legal Liability:
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 #3..
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
47 covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
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.
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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
48 Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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1 Exhibit D:
Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.
Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.
This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
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2 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.
Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.
Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.
Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #3..
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.
Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:
City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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Item Description Unit of Measure (UOM) Price
1 Painter - Regular Hourly Rate Hourly $ 74.43
2 Painter - Overtime Hourly Rate Hourly $ 99.73
3 Painetr - Weekend/Holiday Hourly Rate Hourly $ 125.03 Item Description Unit of Measure (UOM) Price
4 Paint - Sherwin Williams DTM Gallon $ 35.00
5 Paint - Sherwin Williams Latex Topcoat Super Gallon $ 23.00 6 Paint Inudstrial Enamel Gallon $ 30.00
Item Description Unit of Measure (UOM) Price
7 Boom Lift - Gennie EACH $ 750.00
Paint - State Paint Brand and Paint Type
Equipments
City of Modesto
IFB-00092 Painting Services
Exhibit E - Pricing
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Vendor Total
D&H Painting $ 19,041.00
Norcal Wash Inc $ 28,400.00
Process Movement Group $ 508,650.00
Cost Abstract
IFB NO. IFB-00092
Painting Services
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 2, 2026
Date: August 3, 2026
TO: Economic Development Committee
Sue Zwahlen, Chair
Nick Bavaro, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement for On-Call After-Hours Phone Answering Services CONTACT: Manuel Martinez, Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:
Consider an Agreement for the furnishing of On-Call After-Hours Phone Answering Services to Excel Telemessaging, Inc., dba Hartley and Associates, Santa Rosa, CA, for a total amount not to exceed $231,090 over five (5) years and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
This service will provide professional telephone answering services and support of City operations, activities and programs during non-working staff hours or as overflow during normal business hours to maintain continuous service to the public for multiple City departments. Trained operators can disseminate information received from the public regarding critical or non-critical services provided by the City and respond accordingly to City Divisions. Utilizing professional operators to field calls allows continuity of services required for the health and safety of the public.
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Economic Development Committee, September 2, 2026
Agreement for On-Call After-Hours Phone Answering Services
On April 13, 2021, Council approved Resolution No. 2021-138 for the award of proposal and contract for the furnishing of after-hours on-call answering services to Tamo & Lucey, Inc., dba Hartley and Associates (“Hartley”), Santa Rosa, CA, for a five (5) year agreement and a total cost not to exceed $205,272.
On April 3, 2026, the City Manager approved a First Amendment to Agreement No. 197188 with Hartley, extending the termination date from May 31, 2026, to October 31, 2026, with no increase in spending authority.
DISCUSSION:
On September 26, 2025, the City Manager authorized the Purchasing Division to solicit the procurement for On-Call After-Hours Phone Answering Services. On November 25, 2025, the Purchasing Division issued Request for Proposals (RFP) No. 00045 for On-Call After-Hours Phone Answering Services on the City’s OpenGov public bidding website under various commodity codes1. Online and email notifications of the bid opportunity were sent to 4,250 prospective bidders, which included 46 local vendors. 63 companies chose to download the RFP document from OpenGov and two (2) were local vendors.
On January 20, 2026, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. 15 vendors chose to respond, and no local proposals were received. Gilson Software Solutions-PHA, LLC, was the highest scoring proposer, however they failed to submit a complete Financial Statement within the deadline and were deemed non-responsive.
An evaluation committee comprised of five (5) City staff members evaluated the proposals. The evaluation was based on References, Experience, Call Center Location, Employee Retention Program/Training and Staffing, Contingency Planning and System Backup, and Cost.
Based on being ranked highest in total evaluation criteria, the committee recommends the award of proposal for the On-Call After-Hours Phone Answering Services to Excel Telemessaging, Inc., dba Hartley and Associates, Santa Rosa, CA. Excel Telemessaging, Inc., dba Hartley and Associates scored the highest on the Experience, Employee Retention Program, and Contingency Planning and System Backup criteria.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment or contractual services to follow the formal proposal procedures. An award of Proposal and Agreement for the furnishing of On-Call After-Hours Phone Answering Services for multiple departments to Excel Telemessaging, Inc., dba Hartley and Associates, Santa Rosa, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Excel 1 91500 Communications and Media Related Services
91505 Answering/Paging Services
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Economic Development Committee, September 2, 2026
Agreement for On-Call After-Hours Phone Answering Services
Telemessaging, Inc., dba Hartley and Associates was the highest ranked proposal based on the evaluation criteria.
FISCAL IMPACT:
Funds have been budgeted in the current operating budgets for Fiscal Year 2025-26 and proposed operating budgets for Fiscal Year 2026-27.
Current Expenditures:
Contract Year Expenditures
CY 1: 06.01.21 – 05.31.22 $23,344
CY 2: 06.01.22 – 05.31.23 $34,400
CY 3: 06.01.23 – 05.31.24 $40,971
CY 4: 06.01.24 – 05.31.25 $34,869
CY 5: 06.01.25 YTD (02.24.26) $22,517
Total $157,101
Anticipated Expenditures:
Dept/Division CY1 CY2 CY3 CY4 CY5 Total
Misc. Divisions $1,500 $1,500 $1,580 $1,660 $1,750 $7,990 PRN/Parks $1,500 $1,500 $1,580 $1,660 $1,750 $7,990
PW/Streets $1,500 $1,500 $1,580 $1,660 $1,750 $7,990
PW/Forestry $12,000 $12,000 $12,600 $13,230 $13,900 $63,730 UTL/Wastewater $7,000 $7,000 $7,350 $7,720 $8,110 $37,180 UTL/Water $20,000 $20,000 $21,000 $22,050 $23,160 $106,210 Total $43,500 $43,500 $45,690 $47,980 $50,420 $231,090
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Award of Proposal and Agreement for the furnishing of OnCall After-Hours Phone Answering Services to Excel Telemessaging, Inc., dba Hartley and Associates, Santa Rosa, CA, for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $46,218, and a total amount not to exceed $231,090 over five (5) years and forwarding to Council for approval. #4..
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Economic Development Committee, September 2, 2026
Agreement for On-Call After-Hours Phone Answering Services
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Agreement
2. Exhibit B – Excel Messaging, Inc., dba Hartley and Associates Bid Submittal
3. Exhibit C – RFP-00045
4. Exhibit D – Insurance Requirements
5. Exhibit E – Pricing
6. Scoring Abstract
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1 ANNUAL AGREEMENT FOR
ON-CALL AFTER HOURS PHONE ANSWERING SERVICES – AGREEMENT #329794 This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Excel Telemessaging, Inc., a California corporation, doing business as Hartley and Associates, a California corporation, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Proposal and agreement for the furnishing of On-Call After Hours Phone Answering Services to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of On-Call After Hours Phone Answering Services as described in RFP-00045, attached hereto as Exhibit “C” and made a part hereof (hereinafter called RFP).
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. #4..
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2 C. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
D. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $46,218. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $231,090. 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".
E. The AGREEMENT pricing is attached hereto as Exhibit "E". Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit "E", attached hereto and made a part hereof by this reference.
2. CITY REPRESENTATIVE:
CITY Representative is: Leticia Cortez, [email protected] Purchasing Representative: Armando Fabro, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
3. CONTRACTOR CONTACT:
Amanda Hackleman
(707) 526-9950
[email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.
Year 1: November 1, 2026 through October 31, 2027
Year 2: November 1, 2027 through October 31, 2028
Year 3: November 1, 2028 through October 31, 2029
Year 4: November 1, 2029 through October 31, 2030
Year 5: November 1, 2030 through October 31, 2031
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be #4..
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3 submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.
5. INSURANCE REQUIREMENTS:
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR by Net 30 terms via CITY's ePay Program.
The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number 329794
• CITY department/division name and address
• Billing period
• Minutes billed by month
• Unit price, extended price, sales tax and total
7. INDEMNITY:
The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, #4..
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4 judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEY'S FEES:
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
A. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.2026 - _______;
C. CONTRACTOR Bid submittal;
D. RFP-00045;
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause. #4..
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5 Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the SERVICES as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; H. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
I. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
J. CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; L. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
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6 12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK:
It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
A. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
B. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
C. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS:
The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS:
CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:
If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage #4..
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7 or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Hartley and Associates
Attention: Cheri L. Tamo
3633A Montgomery Dr.
Santa Rosa, CA 95405
(707) 526-9950
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Armando Fabro
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.
19. QUANTITIES:
No minimum or maximum is guaranteed or implied.
20. FUNDING:
All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES:
If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
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8 22. NON-DISCRIMINATION:
A. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment.
The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full.
B. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
C. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
D. The CONTRACTOR shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT.
E. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
23. CONTRACTOR LICENSES & PERMITS:
CONTRACTOR warrants and represents that it possesses and shall maintain all licenses and shall secure and maintain all necessary permits necessary to perform the SERVICES.
24. RECORDS:
All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, #4..
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9 that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
25. FACILITIES AND EQUIPMENT:
Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “A” and “B”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT:
At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE:
CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT. #4..
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10 32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the RFP, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the RFP and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
33. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2026 - _______, adopted by the Council of the City of Modesto on the 13th day of October, 2026 and Excel Telemessaging, Inc., a California corporation, doing business as Hartley and Associates has caused this Agreement to be duly executed.
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[TAMO & LUCEY, INC., DBA HARTLEY AND ASSOCIATES] RESPONSE DOCUMENT REPORT RFP No. RFP-00045
On-Call After Hours Phone Answering Services
RESPONSE DEADLINE: January 20, 2026 at 11:00 am
Report Generated: Wednesday, July 1, 2026
Tamo & Lucey, Inc., dba Hartley and Associates Response
CONTACT INFORMATION
Company:
Tamo & Lucey, Inc., dba Hartley and Associates
Email:
[email protected]
Contact:
Cheri Tamo
Address:
3633A Montgomery Dr.
Santa Rosa, CA 95405
Phone:
(707) 526-9950
Website:
www.hartley-associates.com
Submission Date:
Jan 19, 2026 5:55 PM (Pacific Time)
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[TAMO & LUCEY, INC., DBA HARTLEY AND ASSOCIATES] RESPONSE DOCUMENT REPORT RFP No. RFP-00045
On-Call After Hours Phone Answering Services
[TAMO & LUCEY, INC., DBA HARTLEY AND ASSOCIATES] RESPONSE DOCUMENT REPORT Request For Proposal - On-Call After Hours Phone Answering Services