For the Fiscal Year 2025-2026, a total of $38,641 was advertised in the Modesto Bee in May 2026. This year, the City expanded its outreach by also posting the unclaimed funds on its website. These funds have remained in the City’s Trust Fund for three (3) or more years and remained unclaimed after the required public notice. $479 in previously unclaimed funds was claimed and is excluded from the amount recommended for transfer to the General Fund.
In compliance with state law regarding the $15 publication threshold, small amounts totaling $1,208 were not advertised. This total includes voids and other unclaimed funds under $15. Additionally, a remaining balance of $6,715 is associated with unclaimed funds from the Modesto Police Department’s Property and Evidence. These funds were not included in the advertisement as the owner of the property could not be identified.
Funds Amount
Unclaimed Funds Advertised $38,641
Unclaimed Funds under $15 $1,208
Unclaimed Funds Property and Evidence $6,715
Amount claimed ($479)
Total Recommended for Transfer $46,085
FISCAL IMPACT:
The unclaimed funds transferred to the General Fund will increase the fund balance by $46,085. At this time the City will not be appropriating these funds for any specific use.
COMMITTEE RECOMMENDATION:
The Finance Committee approved the 2025-2026 Unclaimed Funds at their August 24, 2026, meeting, and the Committee recommended forwarding this item to Council for approval.
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 COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Fiscal Year 2025-2026 unclaimed funds of $46,085 that can be transferred to the General Fund.
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
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City Council, September 22, 2026
Fiscal Year 2025-2026 Unclaimed Funds to General Fund
Attachments:
1. Resolution for Unclaimed Funds 25-26
2. Modesto Bee Affidavit of Publication
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09/22/2026/Finance/VFerrel/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING THE FISCAL YEAR 2025-2026 UNCLAIMED FUNDS OF $46,085 THAT CAN BE TRANSFERRED TO THE GENERAL FUND
WHEREAS, the City issues checks from time to time that remain uncashed the payee, and such checks that are not cashed remain in the accounting records as Outstanding Checks; and
WHEREAS, California Government Code Sections 50050-50053 and 50055 establishes provisions for the escheatment of such unclaimed money to the City’s General Fund; and
WHEREAS, State law requires unclaimed funds in the amount of $15 or more, held in the City’s Trust fund, be published in a newspaper of general circulation in the City of Modesto, for two successive weeks; and WHEREAS, after a forty-five day period from the date of the first publication any funds that are not claimed become the property of the City of Modesto.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves $46,085 in Fiscal Year 2025-2026 Unclaimed Funds that can be transferred to the General Fund.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this Resolution.
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09/22/2026/Finance/VFerrel/Item X 2 2026-XX
The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 22nd day of, September 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ________________________
DIANA NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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THANK YOU for your legal submission!
Your legal has been submitted for publication. Below is a confirmation of your legal placement. You will also receive an email confirmation.
ORDER DETAILS
Order Number: IPL0332247
Order Status: Submitted
Classification: Legals & Public Notices
Package: MOD - Contract 2x
Site: modesto
Final Cost: $1,024.08
Referral Code: Unclaimed Trusts
Payment Type: Account Billed
User ID: IPL0019599
ACCOUNT INFORMATION
CITY OF MODESTO CITY CLERK IP
PO BOX 642
MODESTO, CA 95353-0642
209-577-5396
[email protected]
CITY OF MODESTO CITY CLERK
TRANSACTION REPORT
Date April 16, 2026 1:04:15 PM EDT
Amount: $1,024.08
SCHEDULE FOR AD NUMBER
IPL03322470
April 22, 2026
The Modesto Bee Print Publication
April 29, 2026
The Modesto Bee Print Publication
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4/16/26, 1:06 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/modesto/home/confirmation.html?id=309170&returnto=# 1/1 #15..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 22,2026
Date: August 31, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: 2025-2026 Accounts Receivable Write-offs and Adjustments CONTACT: Vanessa Ferrel, Financial Analyst, [email protected] 209-571-5174
DESCRIPTION:
Consider approving the Fiscal Year 2025-26 Write-off and Adjustments reports through Fiscal Year-end June 30, 2026, in the total amount of $448,861. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.
BACKGROUND:
The City’s Department of Finance maintains the billing system that records and tracks monies owed to the City. It is the City’s policy to actively pursue collection of past-due accounts and write-off amounts deemed to be uncollectible. The City employs different means of collecting monies owed including collection letters, phone calls, skip tracing, property liens, tax refund interceptions, third party collection agency referrals and any available legal remedies recommended by the City Attorney. An account is considered uncollectible after the above applicable collection procedures have been exhausted and/or the debt has been discharged through legal actions like bankruptcy or court judgement. Even when an account is written off, collection efforts continue until the fouryear statute of limitations for collection actions expires, as mandated by California Code of Civil Procedure
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City Council, September 22, 2026
2025-2026 Accounts Receivable Write-offs and Adjustments
Section 337.
Collection Method Limitations:
• Franchise Tax Board (FTB) Intercept Program: To use this program, the City must have the debtor's Social Security Number (SSN). Additionally, the state program does not allow the collection of delinquent utility fees through this process. Eligible debts include delinquent citations, vehicle parking penalties, court-ordered payments, and judgments.
• Third-Party Collection Agency: Our third-party collection agency, Professional Credit Services, works all account types we send them, using phone calls and letters. However, only utility accounts with balances exceeding $150 can be reported to a credit bureau. After the four-year statute of limitations expires, the collection agency cancels all accounts and returns them to the City as uncollectible.
• Department of Motor Vehicles (DMV) Collections Program: The City files an itemization of all unpaid parking penalties with DMV to attempt to collect delinquent citations with the registration of the vehicle pursuant to California Vehicle Code Section 4760.
• Property Liens: Any receivables with an active property lien are not included in the write-off reports.
DISCUSSION:
The Modesto Municipal Code section 2-3.406 requires that when a fee or charge in excess of twenty-five thousand dollars ($25,000) is incorrectly levied or found to be uncollectible, such accounts will be referred to the City Manager who will promptly report them to the City Council with his/her recommendation. Where a fee or charge of twentyfive thousand dollars ($25,000) or less is incorrectly levied or found to be uncollectible, the City’s Write-off of Uncollectible Accounts Receivable policy requires the following approval authority:
• The Director of Finance is authorized to approve the write-off accounts with an outstanding balance due of up to $5,000.
• The City Manager is authorized to approve the write-off of accounts with an outstanding balance in excess of $5,000 and up to $25,000. • Write-off accounts with an outstanding balance due in excess of $25,000 must be approved by action of the City Council.
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City Council, September 22, 2026
2025-2026 Accounts Receivable Write-offs and Adjustments
In FY 2018-19, the Finance Department established Administrative Directive AD7.18, the Accounts Receivable Adjustment Policy, to ensure that adjustments to Accounts Receivable, Utility Billing, Parking Citations and Business License adjustments are included in the annual report. The City continues its efforts to streamline accounts receivable management. A key step in this process was an update to Administrative Directive 7.18, which occurred in early 2023. This update standardized the write-off timeline across all divisions, aligning with the four-year guideline established.
The City handles payment plans consistently across all divisions. The statute of limitations for a receivable begins on the date the payment plan is set up. If a debtor defaults on their payment plan, the statute of limitations continues from the original start date and does not reset. This ensures that all accounts are treated uniformly, and the four-year legal limit for collection actions is accurately followed.
For the FY 2025-26 accounts receivable write-offs, there are two accounts exceeding $5,000 for which all reasonable collection efforts have been exhausted.
The first account involves charges assessed to Tiffany Keesler totaling $8,400. These charges were incurred between 2012 and 2018 due to multiple code violations related to vicious animal behavior and other enforcement actions. The debt had previously been liened; however, during a recent review it was determined that the property had since transferred ownership and was no longer owned by Ms. Keesler, eliminating the remaining lien enforcement pathway. Because this balance falls between $5,000 and $25,000, the City Manager exercised his approval authority and has authorized this writeoff.
The second account involves Nofan Nayef Jamaleddin, with an outstanding balance of $70,680. This amount consists of administrative costs and civil penalties issued on May 23, 2022, for a Code Enforcement case at 709 McHenry Avenue. The City’s Attorneys Office explored both small claims and civil action; however, small claims would limit recovery to $6,500 and civil action is not feasible due to the debtor’s lack of assets. A lien cannot be applied because the debtor did not own the property at the time of violation.
The account was referred to Professional Credit in September 2024, and there has been no payment activity or movement since. Because this balance exceeds $25,000, it requires City Council approval to be written off.
The Director of Finance approved write-offs and adjustments with an outstanding balance of up to $5,000 in the amounts below. Adjustments may include a one-time courtesy of fees, penalties, or to address initial citations assessed in order to bring the customer account balance up to date.
Type of Write-off Amounts Adjustments Totals
Miscellaneous Receivables $90,849 $559 $91,408
Utilities Receivables $67,000 $8,687 $75,687
Parking Citations $152,289 $0 $152,289
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City Council, September 22, 2026
2025-2026 Accounts Receivable Write-offs and Adjustments
Type of Write-off Amounts Adjustments Totals
Business License $6,857 $46,039 $52,896
Uncollectible Aged Liens $5,901 $0 $5,901
TOTAL $322,896 $55,285 $378,181
Write-offs in excess of $25,000 will be forwarded to Council for approval for the following type of receivables:
Type of Write-off Amount
Miscellaneous Receivables $70,680
The write-off memos approved by the Director of Finance and City Manager have been included as part of the attachment in this report.
The value of $448,861 that is being written-off accounts for less than 1% of receivables.
The amount due as of June 30, 2026, is $5,140,249 for Miscellaneous Receivables and $11,555,617 for Utilities Receivables.
FISCAL IMPACT:
The amounts to be written off of $448,861 will not impact recognized revenue for Fiscal Year 2025-26 due to an annual adjustment that is recorded on the City’s financial statements to record any allowance for uncollectible accounts.
COMMITTEE RECOMMENDATION:
This item was presented to the Finance Committee at their August 24, 2026, meeting, and the Committee recommended forwarding this item to Council for approval.
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 COUNCIL ACTION:
Staff Recommendations:
Resolution approving the 2025-2026 Accounts Receivable Write-Off and Adjustments reports through Fiscal Year-end June 30, 2026, in the total amount of $448,861 and directing a report of disposition to be filed with the City Clerk.
Approved by:
DeAnna Christensen, Director of Finance
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City Council, September 22, 2026
2025-2026 Accounts Receivable Write-offs and Adjustments
Joseph P. Lopez, City Manager
Attachments:
1. Resolution for 2025-2026 Write-Off and Adjustments reports
2. Write-off and Adjustment memos
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09/22/2026/Finance/VFerrel/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING THE 2025-2026 ACCOUNT RECEIVABLE
WRITE-OFF AND ADJUSTMENTS REPORTS THROUGH FISCAL YEAR-END JUNE 30, 2026 IN THE TOTAL AMOUNT OF $448,861 AND DIRECTING A
REPORT OF DISPOSITION TO BE FILED WITH THE CITY CLERK
WHEREAS, the Finance Department maintains a billing system to track monies owed to the City, and
WHEREAS, occasionally the responsible party does not pay the City as required, and
WHEREAS, it is the City’s policy to actively pursue collection of past-due accounts and write off amounts deemed to be uncollectible, and WHEREAS, the City employs various different means of trying to collect past-due accounts, and
WHEREAS, collection efforts continue until the legal statute restricts the City’s collections actions, and
WHEREAS, the City’s Write-off of Uncollectible Accounts Receivable policy, as allowed under by Section 2-3.406 of Article 4 of Title 2 of the Municipal Code, requires the following approval authority: the Director of Finance is authorized to approve the write-off of accounts with an outstanding balance due of up to $5,000, and the City Manager is authorized to approve the write-off of accounts with an outstanding balance due in excess of $5,000 and up to $25,000; and
WHEREAS, in Fiscal Year 2018-2019, the Finance Department established Administrative Directive 7.20, Accounts Receivable Adjustment #16..
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09/22/2026/Finance/VFerrel/Item X 2 2026-XX
Policy, and determined the Accounts Receivable, Utility Billing, Parking Citations and Business License adjustments should be incorporated into the annual report, and
WHEREAS, the following amounts with an outstanding balance less than $5,000 have been approved for write-off by the Director of Finance for the Fiscal Year 2025-2026 and as such all available collection remedies have been exhausted: (1) Miscellaneous Receivables- $91,408, (2) Utilities Receivables - $75,687, (3) Parking Citations - $152,289, (4) Business License - $52,896, (5) Uncollectible Aged Liens - $5,901.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the 2025-2026 Write-Off and Adjustments reports through Fiscal Year end June 30, 2026 in the total amount of $448,861, and directing a report of disposition be filed with the City Clerk. #16..
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09/22/2026/Finance/VFerrel/Item X 3 2026-XX
The foregoing resolution was introduced at a special meeting of the Council of the City of Modesto held on the 22th day of, September 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _________________________
DIANA NAYARES-PEREZ, City
Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _______________________________
JOSE M. SANCHEZ, City Attorney
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Finance Department
Accounts Receivable
P.O. Box 3441
Modesto, California 95354
209.577.5330
[email protected]
DATE: February 09, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst Accounts Receivable
RE: Write-Off Uncollectable Liens $5,000 and below
Please approve the following write-offs, each less than $5,000 and totaling $5,901.05. The attached is a list of aged liens associated with Miscellaneous Receivables. During a recent audit, we have determined that these specific liens pose significant challenges to collect, due to their age, potential changes in property ownership or lack of supporting documentation.
Approval:
DeAnna Christensen Date
Director of Finance
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Finance Department
Accounts Receivable
P.O. Box 3441
Modesto, California 95354
209.577.5330
[email protected]
DATE: February 09, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst Accounts Receivable
RE: Write-Off Uncollectable accounts $5,000 and below
DeAnna, I need your approval to do the necessary adjustments. All internal and external efforts to collect have been exhausted and the accounts are deemed uncollectible. Attached you will find the list of accounts that need to be written off in Accounts Receivable.
CHARGES TOTALS
CAO/COST RECOVERY $ 633.75
FINANCE FEES $ 2,682.00
FIRE - INSPECTIONS $ 129.00
FIRE - REIMBURSEMENT $ 1,489.68
PAST DUE UUT (PG&E) $ 2,774.68
PD - ANIMAL CITATION $ 2,600.00
PD - SHELTER RECOVERY $ 4,100.00
RISK-ELECTRICAL DAMAGE $ 3,279.20
SW COMPLIANCE ORDER $ 1,200.00
Grand Total $ 18,888.31
Approval:
DeAnna Christensen Date
Director of Finance
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Finance Department
Accounts Receivable
P.O. Box 3441
Modesto, California 95354
209.577.5330
[email protected]
DATE: February 05, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Vanessa Ferrel
Financial Analyst - Accounts Receivable
RE: Write-Off UUT accounts less than $50
DeAnna, please provide approval for the adjustments below.
Each month, as part of the reporting requirements, Pacific Gas & Electric (PG&E) sends a secured email that has a report that includes Utility Users Tax (UUT) Adjustments to the City of Modesto. PG&E is notifying the City that the amount submitted for UUT to the City is being reduced due to these accounts being considered uncollectible. The accounts listed as uncollectible are six months old and the amount due the City will not remitted to an outside collection agency by PG&E in behalf of the City. This list includes the customer name, service address, and amount of the bad debt.
For amounts listed that are over $50.00, the City will begin to pursue collection of the outstanding UUT. For amounts listed on this report that are under the $50.00 threshold, these accounts will be included in the Accounts Receivable write-off process.
Please approve the following write-offs. The backup documentation is attached.
Adjustments: January 2025 $ 1,641.25
Adjustments: February 2025 $ 1,367.20
Adjustments: March 2025 $ 1,515.72
Adjustments: April 2025 $ 1,537.46
Adjustments: May 2025 $ 1,319.63
Adjustments: June 2025 $ 1,777.06
Total $ 9,158.32
Approval:
DeAnna Christensen Date
Director of Finance
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DATE: December 16, 2025
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Utility Billing Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Utility Billing.
Type of account * # of accounts Amount for WO
Uncollectibles 1 $ 1,335.68
Total 1 $ 1,335.68
*Accounts with a transaction date prior to 12/31/2021
** Real Estate Agents & Property Management Companies
_____________________________________________________________________________ DeAnna Christensen Date
Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
12/24/25
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DATE: January 28, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable these accounts have been submitted to the City’s outside collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Citation Processing Division is requesting to write the debt off.
Attached you will find the list of parking citations deemed uncollectible in accordance with the City’s *Write Off of Uncollectible Accounts Receivable Policy. Type of account # of accounts Amount for Write Off Parking Citations FY 19/20 15 $4,124.00
Parking Citations FY 20/21 93 $19,015.00
Total Write Off
108 $23,139.00
*Clean-Up of Uncollectible Citations for FY 19/20 and 20/21 _____________________________________________________________________________ DeAnna Christensen Date Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
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DATE: April 16, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable
collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Utility Billing Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Utility Billing. *Accounts with a termination date through 02/28/2022
_____________________________________________________________________________ DeAnna Christensen Date Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
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DATE: July 14, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Jennifer Martin
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery and where applicable
collection agency. The collection agency has been unsuccessful in collection of the debt owed. Based on the inability to collect, the Citation Processing Division is requesting to write the debt off.
Type of account # of accounts Amount for Write Off
Parking Citations FY 21/22 764 $129,149.87
Total Write Off
764 $129,149.87
_____________________________________________________________________________ DeAnna Christensen Date Director of Finance
FINANCE DEPARTMENT
P.O. Box 767
Modesto, California 95353
209.577.5395
Modestogov.com
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#16..
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DATE: July 24, 2026
TO: DeAnna Christensen
Director of Finance
FROM: Gina Brown
Revenue Collections & Compliance Manager
RE: Write-off of amounts less than $5,000 & below
P.O. Box 3442
Modesto, California 95353
209.577.5381
Modestogov.com
Please approve the following write-offs, each less than $5,000. The City has exhausted all internal methods of recovery, and where applicable, accounts are normally submitted to the City’s outside collection agency. In this case, the outstanding amounts received only internal collection efforts. Balance due notices were sent to both businesses, and upon receiving these notices, each business-initiated discussions with the City regarding surrendering their permits. These communications confirmed their intent to discontinue operations and the financial hardship associated with paying the fixed annual fee.
Based on the inability to collect, the Business License Division is requesting to write the debt off.
Attached, you will find the list of accounts that need to be written off in Business License Billing System.
Type of account * # of accounts Amount for WO
Uncollectibles 2 $ 6.857.02
Total 1 $ 6,857.02
(2) Cannabis Equity Businesses - Permit Fee’s _____________________________________________________________________________ DeAnna Christensen Date Director of Finance _____________________________________________________________________________ Joseph P. Lopez Date
City Manager
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 22, 2026
Date: August 25,
2026
TO: Mayor and City Council:
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: First Amendment for Jackets, Hoodies, and Beanies CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571- 5174
DESCRIPTION:
Consider approving a First Amendment to the Agreement with Brewer & Associates LLC, Lexington, KY, for the purchase of Jackets, Hoodies, and Beanies increasing the Agreement amount by $54,350 through the duration of the Agreement. (Funding Source:
Central Stores)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2026 City of Modesto Strategic Plan Area:
Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J “build a high-performance organization”.
BACKGROUND:
The Finance Department, Central Stores Division provides the annual procurement of jackets, hoodies, and beanies for Citywide use.
Competitively bidding and inventorying these products benefits the City in ways including the following:
• Obtaining best pricing through economies of scale
• Products readily available in one (1) location
#17..
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City Council, September 22, 2026
First Amendment for Jackets, Hoodies, and Beanies
• Staff time reduction in processing one-time bids throughout the year DISCUSSION:
On August 29, 2025, the Purchasing Division issued Informal Invitation for Bid (IFB) # INF-IFB-00038 soliciting the purchase of Jackets, Hoodies, and Beanies on the City’s OpenGov public bidding website under various commodity codes1. 917 prospective bidders were notified online and via email of the bid opportunity of which eight (8) local vendors. 73 companies downloaded the INF IFB document from OpenGov and eight (8) were local vendors.
On September 15, 2025, bids were opened. Eleven (11) chose to respond, there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City Staff recommended to award the purchase of Jackets, Hoodies, and Beanies to Brewer & Associates, LLC, Lexington, KY for a one (1) year agreement with one (1) one-year extension option, for an estimated annual amount of $50,000 and a total amount not to exceed $100,000 over two (2) years.
On October 1, 2025, the Purchasing Division awarded Brewer & Associates, LLC Lexington, Kentucky a purchasing agreement for Jackets, Hoodies, and Beanies for a one (1) year term with one (1) one-year extension option for an estimated annual amount of $50,000 and a total amount not to exceed $100,000 over two (2) years.
During the initial year of the agreement, Central Stores processed Citywide purchase orders in the amount of $48,948. Central Stores anticipates the current spend and spend for the duration of the agreement to exceed the estimated annual amount of $50,000 and a total not to exceed $100,000 over two (2) years. Staff projects increases are due to Citywide staff changes, and the cost of goods increases due to Consumer Product Index (CPI). To ensure continued operations, staff is requesting an additional $54,350 in funds, for an estimated annual amount of $77,175 and a total not to exceed $154,350 over two (2) 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 be formally bid.
However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f) “Where the Purchasing Manager, in her discretion determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional 1 20000 Clothing: Athletic, Casual, Dress, Uniform, Weather, and Work Related 20016: Coats, Jackets, Parkas, Vests (Cold Weather)
20031 Hazardous Environment Clothing
20074 Silk Screened Shirts, Jackets, Hats, etc.
20091 Work Clothes, Arc Rated for Electrical Work
20092 Work Clothes
34579 Reflective Safety Apparel and Accessories
96278 Sewing, Embroidery, Embossing, and Alteration Services #17..
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City Council, September 22, 2026
First Amendment for Jackets, Hoodies, and Beanies
similar services or goods, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” This Amendment is essential to ensure we continue to provide field staff with safety gear during the cold weather months.
FISCAL IMPACT:
Expenditure over the past year for the purchase of jackets, hoodies, and beanies under the current agreement is listed below:
Agreement Year Total
Year 1 (YTD) $48,948
Grand Total $48,948
The table below shows the Proposed Amendment expenditure, with the first year fixed and a 5.8% increase in year two (2).
Summary Change Year 1 Year 2 Total
Original Amount $50,000 $50,000 $100,000
Proposed First Amendment $25,000 $29,350 $54,350
Revised Amount $75,000 $79,350 $154,350
The overall agreement total was calculated by forecasting CPI percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COMMITTEE ACTION
This item was presented to the Finance Committee on August 24, 2026, and the Committee recommended forwarding the item to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a First Amendment to the Agreement with Brewer & Associates, LLC, Lexington, KY for the purchase of Jackets, Hoodies, and Beanies, by $54,350, to a new estimated annual amount of $77,175, a new total amount not to exceed $154,350 through the term of the Agreement; and authorizing the Director of Finance, or her designee, to execute the Amendment.
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City Council, September 22, 2026
First Amendment for Jackets, Hoodies, and Beanies
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. First Amendment
3. CA Levine Act
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09/22/2026/Finance/DLove/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGREEMENT
WITH BREWER & ASSOCIATES, LLC, LEXINGTON, KY FOR THE
PURCHASE OF JACKETS, HOODIES, AND BEANIES, BY $54,350, TO A NEW ESTIMATED ANNUAL AMOUNT OF $77,175, A NEW TOTAL AMOUNT NOT TO EXCEED $154,350 THROUGH THE TERM OF THE AGREEMENT;
AND AUTHORIZING THE DIRECTOR OF FINANCE, OR HER DESIGNEE TO
EXECUTE THE AMENDMENT
WHEREAS, the Finance Department, Central Stores Division provides the annual procurement of jackets, hoodies, and beanies for Citywide use; and WHEREAS, competitively bidding and inventorying these products benefits the City; and
WHEREAS, on August 29, 2025, the Purchasing Division issued Informal Invitation for Bid (IFB) # INF-IFB-00038 solicited the purchase of Jackets, Hoodies, and Beanies on the City’s OpenGov public bidding website under various commodity codes. Prospective bidders were notified online and via email of the bid opportunity which included 917 vendors, of which eight (8) were local vendors. 73 companies downloaded the INF IFB document from OpenGov and eight (8) were local vendors; and
WHEREAS, on September 15, 2025, bids were opened. Eleven (11) chose to respond, there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City Staff recommended to award the purchase of Jackets, Hoodies, and beanies to Brewer & Associates, LLC, Lexington, KY for a one (1) year agreement with one (1) one-year extension option, for an estimated annual amount of 50,000 and a total not to exceed $100,000 over two (2) years; and
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09/22/2026/Finance/DLove/Item X 2 2026-XX
WHEREAS, on October 1, 2025, the Purchasing Division awarded Brewer & Associates, LLC, Lexington, Kentucky a purchasing agreement for Jackets, Hoodies, and Beanies for a one (1) year term with one (1) one-year extension option for an estimated annual amount of $50,000 and a total amount not to exceed $100,000 over two (2) years; and
WHEREAS, during the initial year of the agreement, Central Stores processed Citywide purchase orders in the amount of $48,948. Central Stores anticipates the current spend and spend for the duration of the agreement to exceed the estimated annual amount of $50,000 and a total not to exceed $100,000 over two (2) years. Staff projects increases are due to Citywide staff changes, and the cost of goods increases due to Consumer Product Index (CPI).
To ensure continued operations, staff is requesting an additional $54,350 in funds, for an estimated annual amount of $77,175 and a total not to exceed $154,350 over two (2) years; and
WHEREAS, Modesto Municipal Code Section 8.3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204 (f) “Where the Purchasing Manager, in her discretion determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar services or goods, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
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09/22/2026/Finance/DLove/Item X 3 2026-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Agreement with Brewer & Associates, LLC, Lexington, KY for the purchase of jackets, hoodies, and beanies, by $54,350, to a new estimated annual amount of $77,175 and a new total amount not to exceed $154,350 through the term of the Agreement.
BE IT FURTHER RESOLVED that the Director of Finance, or her designee is hereby authorized to execute the Amendment, in a form approved by the City Attorney.
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09/22/2026/Finance/DLove/Item X 4 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on 22nd day of September, 2026, by _________________, who moved its adoption, which motion being duly seconded by _______________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: __________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:____________________________________
JOSE M. SANCHEZ, City Attorney
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FIRST AMENDMENT TO PURCHASE AGREEMENT
WITH BREWER & ASSOCIATES LLC FOR JACKETS, HOODIES, AND BEANIES This FIRST AMENDMENT to the Purchase Agreement (“FIRST AMENDMENT”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and BREWER & ASSOCIATES LLC, a Kentucky limited liability company (hereinafter “VENDOR”) as of the ________ day of ___________ 2026.
RECITALS
This FIRST AMENDMENT to the Purchase Agreement for JACKETS, HOODIES, AND BEANIES is made with reference to the following recitals:
Purchase Agreement NO. 311623, hereinafter referred to as AGREEMENT was entered into by and between CITY and VENDOR on the 1st day of October 2025 to provide JACKETS, HOODIES, AND BEANIES.
CITY and VENDOR desire to amend the AGREEMENT by increasing the previously approved estimated annual amount from $50,000 to $77,175 and a total amount not to exceed from $100,000 to $154,350.
CITY and VENDOR now desire to memorialize the change to the terms of the Purchase Agreement with this FIRST AMENDMENT.
NOW, THEREFORE, the parties hereto mutually agree to the following:
1. PRICING, Section 2, Paragraph A, of the AGREEMENT shall be deleted and replaced in its entirety with the following:
The annual estimated amount of the AGREEMENT is $77,175. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $154,350.
2. Except as modified and amended by this FIRST AMENDMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this FIRST AMENDMENT by its Director of Finance under Resolution No. ________________ adopted by the City Council of the CITY OF MODESTO on the _______________ day of _______________ 2026 and BREWER & ASSOCIATES LLC has caused this FIRST AMENDMENT to be duly executed as of the Effective Date.
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 22, 2026
Date: August 25, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
Chad Reed, Director of Public Works
SUBJECT: Fleet Replacements – Trucks and Trailers
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164
DESCRIPTION:
Consider approving the purchase for 18 Fleet Replacements for a total amount not to exceed $1,757,131. (Funding Source: Fleet Replacement Fund) STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.
BACKGROUND:
Every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs including the addition of new vehicles due to the operational needs of the City. Following this process, a Fleet Addition and Replacement List is submitted to Council and is approved as part of the new fiscal year’s Public Works Fleet Budget.
Throughout the fiscal year, replacement vehicles need to be purchased and added to the City’s Fleet inventory due to the operational needs of City departments, notably when the existing vehicle has reached its useful life. The following charts summarize the vehicles scheduled for replacement from the City’s existing Fleet inventory and provide a brief description of each to explain their operational purpose. Details on the current Fleet vehicles slated for replacement can be found in Exhibit A – Fleet Replacement Details.
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City Council, September 22, 2026
Fleet Replacements – Trucks and Trailers
DISCUSSION:
Sourcewell is a cooperative agency which streamlines the procurement process by developing Invitation for Bids (IFBs) or Request for Proposals (RFPs) for national and state competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Sourcewell and other government agencies to offer exceptional products from nationally acclaimed vendors.
Invitation for Bids - (IFB) IFB 2627-11 – Ten (10) Ford F350 Trucks On June 2, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for ten (10) F-350 Trucks. On February 8, 2024, Sourcewell issued Request for Proposals (RFP) #032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services and advertised on Sourcewell Procurement Portal, Daily Journal of Commerce (OR), Local IQ (The Oklahoman), McClatchy, USA Today, Alberta Purchasing Connection, and Rural Municipalities of Alberta, Public Purchase (The Public Group), Biddingo and Merx. On March 28, 2024, proposals were opened electronically. A total of 35 proposals were received and based on the evaluation of eight (8) categories of Conformance to RFP Requirements, 17 contracts were awarded for this commodity which included the Ford F-350 truck. Based on the highest scored proposers offering Financial Viability and Marketplace Success, Ability to Sell and Deliver Solutions, Marketing Plan, Value Added Attributes, Depth and Breadth of Offered Solutions, and Pricing, City staff recommends the award to Rush MediumDuty Truck Centers of California, Inc. dba Rush Truck Center, Ceres, California to purchase ten (10) F-350 Trucks for an amount not to exceed $1,011,151.
IFB 2627-05 – Eight (8) Trailers
On June 2, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for eight (8) various Trailers. On August 11, 2022, Sourcewell issued RFP #092922 for Trailers with Related Equipment, Accessories, and Services and advertised on the Sourcewell Procurement Portal and New York State Contract Reporter website, DJC Oregon, and Oklahoman. On September 29, 2022, proposals were opened at Sourcewell, 202 12th Street, Northeast, PO Box 219, Staples, MN 56479. A total of 18 proposals were received which included zero (0) local vendors and based on the highest scored proposers offering the best overall quality, selection of equipment, products, and services, and price and criteria outlined in the RFP, eleven (11) contracts were awarded for this commodity which includes the Trailers with Related Equipment, Accessories, and Service of which none being local vendors or within Stanislaus County. City staff recommends to award to Pape Machinery, French Camp, CA to purchase eight (8) Trailers with Replated Equipment, Accessories and Service in the amount not to exceed $516,789.
Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid. #18..
- 496 -
City Council, September 22, 2026
Fleet Replacements – Trucks and Trailers
However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City could be served. Both requirements were met based on the Competitive Bidding Process being utilized by Sourcewell for these Fleet Replacements.
For vehicles and equipment, City Staff recommend including a contingency of up to 15% to account for potential market fluctuations that may occur between the time an order is placed with the vendor and when the vehicle is completed. With current inflation, and the volatility of the market, City staff will ensure any price increases requested by the vendor align with the market change based on using the Commodities Research Unit indexes which focus on indexes related to steel.
FISCAL IMPACT:
The 18 Fleet Replacements listed below will be funded from the Fleet Replacement Fund. The 18 replacement vehicles were collected over the life of the current vehicle to cover the cost for the replacement vehicles through the Fleet Internal Service Fund allocation.
Below is the breakdown of the Fleet Replacement.
IFB No. Type of Fleet Original
Amount
Change
Order
Amount not
to Exceed
Funding
Source
2627-11 Ten (10 Ford
F350 Trucks
$1,011,151 $151,673 $1,162,824 Fleet
Replacement
2526-53 Eight (8)
Trailers
$516,789 $77,518 $594,307 Fleet
Replacement
TOTAL $1,527,940 $229,191 $1,757,131
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.
COMMITTEE RECOMMENDATION:
This item was presented during the Fiscal Year (FY) 2023-24 Finance Committee Budget Workshop on April 17-19, 2023, FY 2025-26 Finance Committee Budget Workshop on April 14-16, 2025, and FY 2026-27 Finance Committee Budget Workshops on April 20-21, 2026, as part of the Public Works Fleet presentations outlining the purchase of 18 Fleet Replacements.
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City Council, September 22, 2026
Fleet Replacements – Trucks and Trailers
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Competitive Bidding Process from Sourcewell to Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center, Ceres, CA, to purchase ten (10) Ford F350 Trucks for an amount not to exceed $1,162,824; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Resolution approving the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA, to purchase eight (8) Trailers for an amount not to exceed $594,307; and authorizing the Director of Finance, or her designee, to issue the Purchase Order; and authorizing the Director of Finance or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
Approved by:
DeAnna Christensen, Director of Finance
Chad Reed, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution (2)
2. Exhibit A – Fleet Replacement Details
3. Quote – 10 F350 Trucks - Rush Truck Centers
4. Scoring Abstract – 10 F350 Trucks
5. CA Levine Act and FID – Rush Truck Centers
6. Quote – 8 Trailers - Pape Machinery
7. Scoring Abstract – 8 Trailers
8. CA Levine Act and FID – Pape Machinery
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09/22/2026/FIN/DChristensen/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM
SOURCEWELL TO RUSH MEDIUM-DUTY TRUCK CENTERS OF
CALIFORNIA, INC. DBA RUSH TRUCK CENTER, CERES, CA, TO
PURCHASE TEN (10) FORD F350 TRUCKS FOR AN AMOUNT NOT TO EXCEED $1,162,824; AND AUTHORIZING THE DIRECTOR OF FINANCE, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER; AND AUTHORIZING
THE DIRECTOR OF FINANCE OR HER DESIGNEE TO EXECUTE ANY
CHANGE ORDERS NOT TO EXCEED 15% OF THE TOTAL PURCHASE
PRICE
WHEREAS, the Public Works Fleet Division provides the maintenance for all City vehicles and equipment; and
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs due to the operational needs for the City and due to the operational needs for the City; and
WHEREAS, on June 2, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for ten (10) F-350 Trucks; and WHEREAS, on February 8, 2024, Sourcewell issued Request for Proposals (RFP) #032824 for Class 4-8 Chassis and Cabs with Related Equipment, Accessories, and Services and advertised on Sourcewell Procurement Portal, Daily Journal of Commerce (OR), Local IQ (The Oklahoman), McClatchy, USA Today, Alberta Purchasing Connection, and Rural Municipalities of Alberta, Public Purchase (The Public Group), Biddingo and Merx; and
WHEREAS, on March 28, 2024, proposals were opened electronically and 35 proposals were received and based on the evaluation of eight (8) categories #18..
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09/22/2026/FIN/DChristensen/Item X 2 2026-XX
of Conformance to RFP Requirements, 17 contracts were awarded for this commodity which included the Ford F-350 truck; and
WHEREAS, based on the highest scored proposers offering Financial Viability and Marketplace Success, Ability to Sell and Deliver Solutions, Marketing Plan, Value Added Attributes, Depth and Breadth of Offered Solutions, and Pricing, City staff recommends the award to Rush Medium-Duty Truck Centers of California, Inc. dba Rush Truck Center, Ceres, California to purchase for an amount not to exceed $1,011,151; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City could be served. Both requirements were met based on the Competitive Bidding Process selected by Sourcewell.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Competitive Bidding Process from Sourcewell to Rush Medium-Duty Truck Centers of California, Inc. dba Rush #18..
- 500 -
09/22/2026/FIN/DChristensen/Item X 3 2026-XX
Truck Center, Ceres, CA, to purchase ten (10) Ford F350 Trucks for an amount not to exceed $1,162,824.
BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to issue the Purchase Order.
BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to execute any change orders not to exceed 15% of the total purchase price.
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09/22/2026/FIN/DChristensen/Item X 4 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22ND day of September, 2026, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember _____, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#18..
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09/22/2026/FIN/DChristensen/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM
SOURCEWELL TO PAPE MACHINERY, FRENCH CAMP, CA, TO PURCHASE EIGHT (8) TRAILERS FOR AN AMOUNT NOT TO EXCEED $594,307; AND
AUTHORIZING THE DIRECTOR OF FINANCE, OR HER DESIGNEE, TO ISSUE THE PURCHASE ORDER; AND AUTHORIZING THE DIRECTOR OF
FINANCE OR HER DESIGNEE TO EXECUTE ANY CHANGE ORDERS NOT TO EXCEED 15% OF THE TOTAL PURCHASE PRICE
WHEREAS, the Public Works Fleet Division provides the maintenance for all City vehicles and equipment; and
WHEREAS, every year, City vehicles and equipment are individually evaluated based on their age, condition, mileage and maintenance costs due to the operational needs for the City and due to the operational needs for the City; and
WHEREAS, on June 2, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for eight (8) various Trailers; and WHEREAS, on August 11, 2022, Sourcewell issued RFP #092922 for Trailers with Related Equipment, Accessories, and Services and advertised on the Sourcewell Procurement Portal and New York State Contract Reporter website, DJC Oregon, and Oklahoman; and
WHEREAS, on September 29, 2022, proposals were opened at Sourcewell, 202 12th Street, Northeast, PO Box 219, Staples, MN 56479; and WHEREAS, 18 proposals were received which included no (0) local vendors and based on the highest scored proposers offering the best overall quality, selection of equipment, products, and services, and price and criteria outlines in the RFP, eleven (11) contracts were awarded for this commodity #18..
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09/22/2026/FIN/DChristensen/Item X 2 2026-XX
which includes the Trailers with Related Equipment, Accessories, and Service none being local vendors or within Stanislaus County; and WHEREAS, City staff recommends to award to Pape Machinery, French Camp, CA to purchase eight (8) Trailers with Replated Equipment, Accessories and Service in the amount not to exceed $516,789; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases that meet or exceed $100,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City could be served. Both requirements were met based on the Competitive Bidding Process selected by Sourcewell.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA, to purchase eight (8) Trailers for an amount not to exceed $594,307.
BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to issue the Purchase Order. #18..
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09/22/2026/FIN/DChristensen/Item X 3 2026-XX
BE IT FURTHER RESOLVED, that the Director of Finance, or her designee, is hereby authorized to execute any change orders not to exceed 15% of the total purchase price.
#18..
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09/22/2026/FIN/DChristensen/Item X 4 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22ND day of September, 2026, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember _____, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#18..
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Fleet Replacement:
IFB Vehicle Description Department
Year of
Equipment Meter Repair Cost
30803 2008 Ford F150 Truck Utilities - Wastewater Division 2008 68,721 $ 16,481 41005 Ford F250 3/4 Ton Pickup Utilities - Wastewater Division 2010 141,815 $ 37,148 31317 2013 Ford F150 Truck Utilities - Wastewater Division 2013 90,174 $ 22,839 40888 2008 Ford E350 Van Utilities - Wastewater Division 2008 85,438 $ 22,250 40895 2008 Ford E350 Van Utilities - Wastewater Division 2008 72,830 $ 28,715 40989 2008 Ford E350 Van Utilities - Wastewater Division 2009 60,154 $ 31,949 41225 2012 Ford F550 Truck Utilities - Wastewater Division 2012 36,591 $ 18,364 41276 2012 Chevrolet G3500 Van Utilities - Wastewater Division 2012 76,788 $ 21,119 41338 2013 Ford F250 Truck Utilities - Wastewater Division 2013 110,619 $ 39,461 41444 2014 Ford F250 Truck Utilities - Wastewater Division 2014 60,720 $ 25,478 IFB Vehicle Description Department
Year of
Equipment Meter Repair Cost
80138 Trailer Roller Public Works - Streets 2001 N/A $ 26,228 80201 Trailer Front-end Dump Utilities - Wastewater Division 2002 N/A $ 39,537 80230 Trailer Lowboy Goosneck Utilities - Wastewater Division 2002 N/A $ 31,814 80239 Trailer Tilt Bed Public Works - Streets 2002 N/A $ 55,140 80421 Trailer Backhoe Utilities - Wastewater Division 2004 N/A $ 47,302 80610 Trailer Hydraulics Sliding Axle Public Works - Streets 2006 N/A $ 65,044 89822 Trailer Backhoe Utilities - Water Division 1998 N/A $ 80,980 89917 Trailer Backhoe Utilities - Water Division 1999 N/A $ 66,475 2627-11
2526-53
These vehicles are used to Support the Utilities Department electricians in supporting pocess equipment and lift stations throughout the sanitary sewer and storm sewer infrastructure
These equipments are used to by Utilities and Public Works in support of contruction related activities transporting equipment to specific job sites
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1010776996
Saskatchewan, Ltd. American Cargo Group
Certified Stainless Service,
Inc. Etnyre International EZ STAK, LLC Felling Trailers, Inc.
Globe Trailer
Manufacturing, Inc. Interstate Trailers, Inc.
J&J Truck Bodies &
Trailers JHB Group, Inc.
MAC Trailer
Manufacturing, Inc.
Possible Points
Conformance to RFP
Requirements 50 35 38 43 42 35 42 42 39 39 41 42
Pricing 400 275 334 345 340 326 319 324 324 310 325 333 Financial Viability and
Marketplace Success 75 47 56 64 61 53 62 61 60 58 61 61 Ability to Sell and Deliver
Service 100 67 75 83 82 64 81 82 80 69 70 83
Marketing Plan 50 32 39 44 42 30 40 43 36 39 41 40
Value Added Attributes 75 54 52 64 62 52 67 64 51 56 60 58 Warranty 50 38 39 41 41 40 42 43 40 40 40 41
Depth and Breadth of
Offered Equipment,Products, or Services 200 162 164 164 153 145 163 158 153 148 156 155 Total Points 1,000 710 797 848 823 745 816 817 783 759 794 813 Rank Order 18.5 9 1 417 7 612 15 118
Monroe Towmaster, LLC
Nomad Global
Communication Solutions,
Inc. Pitts Enterprises., Inc. PondMedics, LLC ProPac, Inc. SmithCo Mfg, Inc.
Talbert Manufacturing,
Inc. TPD Trailers, Inc. Trail King Industries, Inc. TriVan Truck Body Possible Points
Conformance to RFP
Requirements 50 42 37 42 31 39 38 40 38 43 40
Pricing 400 339 270 341 253 309 273 334 313 341 323
Financial Viability and
Marketplace Success 75 63 60 58 49 58 52 58 54 66 58
Ability to Sell and Deliver
Service 100 82 67 74 64 72 69 73 60 84 67
Marketing Plan 50 42 39 42 32 41 38 40 34 43 40
Value Added Attributes 75 61 53 62 49 52 52 54 55 63 56 Warranty 50 43 40 42 38 39 40 40 39 41 40
Depth and Breadth of
Offered Equipment,Products, or Services 200 162 136 158 133 161 148 156 153 163 149 Total Points 1,000 834 702 819 649 771 710 795 746 844 773 Rank Order 320 52114 18.51016 213
Greg Grunig, MS, Procurement Lead Analyst Carol Jackson, Procurement Analyst Craig West, Procurement Analyst Beverly Hoemberg, Procurement Analyst Proposal Evaluation
Trailers with Related Equipment, Accessories, and Services RFP #092922
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- 594 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 22, 2026
Date: September 22, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Crisis Intervention Training Agreement
CONTACT: Jessica Nicholson, Police Administrator, [email protected], 209-572-9500
DESCRIPTION:
Consider approving an agreement with Stanislaus County Behavioral Health and Recovery Services, Modesto, CA, for Crisis Intervention and De-Escalation Training for a total amount not to exceed $237,900 over three (3) years. (Funding Source: Police Grants)
STRATEGIC PLAN ELEMENT:
This item is related to the 2025-2026 Strategic Plan goal of improving community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
In May of 2025, the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) announced it was seeking applications for funding for the COPS Office Fiscal Year (FY) 2025 Safer Outcomes: Enhancing De-Escalation and Crisis Response Training for Law Enforcement – Support for Law Enforcement Agencies. This grant opportunity had maximum award amounts based on number of sworn officers in an agency. The Modesto Police Department (MPD) applied under the award category for agencies with more than 200 sworn officers. The application centered around two (2) goals: 1) coordinate and hold a 40-hour crisis intervention and de-escalation training program that is taught by behavioral health professionals from the Modesto community, and 2) maintain the department’s Certified Autism Center status through the International Board of Credentialling and Continuing Education Standards (IBCCES).
#19..
- 595 -
City Council, September 22, 2026
Crisis Intervention Training Agreement
In October of 2025, the MPD was awarded $126,800 because of a successful grant application.
Additionally, the MPD has traditionally had agreements with Stanislaus County Behavioral Health and Recovery Services – all generally covered by the same type of grant funding. Below is the history of these agreements:
• On May 24, 2022, by Resolution No. 2022-238, the City Council approved a twoyear agreement with Stanislaus County Behavioral Health and Recovery Services (BHRS) for the provision of a series of 40-hour Crisis Intervention and De-Escalation Training classes for an amount not to exceed $116,800. • On June 26, 2024, the City Manager approved a one-year Agreement with Stanislaus County Behavioral Health and Recovery Services for two (2) fortyhour Crisis Intervention and De-Escalation Training sessions for an amount not to exceed $58,400.
• On April 23, 2025, the City Manager approved a one-year Agreement with Stanislaus County Behavioral Health and Recovery Services for two (2) fortyhour Crisis Intervention and De-Escalation Training sessions for an amount not to exceed $58,400.
DISCUSSION:
On February 19, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Crisis Intervention and De-Escalation Training.
The COPS Office Safer Outcomes grant program funding promotes safe outcomes during police encounters with people in crisis through relevant training. Supported training programs must address one (1) or more of the following areas of focus:
• De-escalation tactics and alternatives to use of force; • Safety responding to an individual experiencing a mental or behavioral health or suicidal crisis;
• Safe encounters with individuals with disabilities;
• Successfully participating in a crisis intervention team; • Making referrals to community-based services and support.
The Crisis Intervention Training and the re-certification of the department as a Certified Autism Center address three (3) of the above categories. The Crisis Intervention Training provided by Stanislaus County Behavioral Health and Recovery Services is a POST-certified, 40-hour course that is based on nationally recognized curriculum for law enforcement. This training emphasizes behavioral health conditions, crisis resolution and de-escalation skills, community resources, and lived experience perspectives.
Law enforcement officers who complete the 40-hour Crisis Intervention Training will be better prepared as first responders in situations involving individuals with mental illness and disabilities. Participants will learn about mental disorders and other disabilities, visit #19..
- 596 -
City Council, September 22, 2026
Crisis Intervention Training Agreement
mental health and crisis intervention facilities and programs, and learn the concepts of crisis intervention while adhering to officer safety practices and policies.
The Modesto Police Department and Stanislaus County Behavioral Health Recovery Services have developed an interagency agreement that outlines the roles and responsibilities of each agency in the partnership for the provision of the Crisis Intervention and De-Escalation Training classes.
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. However, exceptions to the formal bidding process are granted in MMC 8-
3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, the training will be taught by Behavioral Health professionals and tailored to the Modesto Community. Utilizing local agencies keeps funding local and allows greater collaboration between agencies. Therefore, staff recommends the Crisis Intervention and De-Escalation Training provided by Stanislaus County Behavioral Health and Recovery Services should be exempt from the formal bidding procedures in accordance with Modesto Municipal Code 8-3.204(d) since the training will be taught by behavioral health professionals from the Modesto community.
FISCAL IMPACT:
Description Per Class Rate Total Cost for 6 Classes
De-Escalation Expert $5,200 $31,200
Clinical Social Worker
$6,000 + $2,250 for pre-class prep
work $49,500
Forensic Psychologist $7,500 $45,000
Psychiatrist $8,000 $48,000
Subject Matter Expert $5,200 $31,200
Supplies and Materials $5,500 $33,000
Total cost not to exceed: $237,900
COMMITTEE RECOMMENDATION:
This item was presented to Safety and Communities Committee on August 10, 2026, and the Committee recommended forwarding the item to the City Council for approval.
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 COUNCIL ACTION:
Staff Recommendations:
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- 597 -
City Council, September 22, 2026
Crisis Intervention Training Agreement
Resolution approving the Agreement with Stanislaus County Behavioral Health and Recovery Services, Modesto, CA, for Crisis Intervention and De-Escalation Training, for a three (3) year Agreement, for an estimated annual amount of $79,300, and a total amount not to exceed $237,900 over three (3) years; and authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Interagency Agreement – Crisis Intervention and De-Escalation Training
3. Bid Waiver
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09/22/2026/MPD/JNicholson/ItemX 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-___
RESOLUTION APPROVING THE AGREEMENT WITH STANISLAUS COUNTY
BEHAVIORAL HEALTH AND RECOVERY SERVICES, MODESTO, CA, FOR CRISIS INTERVENTION AND DE-ESCALATION TRAINING, FOR A THREE (3) YEAR AGREEMENT, FOR AN ESTIMATED ANNUAL AMOUNT OF $79,300, AND A TOTAL AMOUNT NOT TO EXCEED $237,900 OVER THREE (3) YEARS; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AGREEMENT
WHEREAS, in May of 2025, the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office) announced it was seeking applications for funding for the COPS Office Fiscal Year (FY) 2025 Safer Outcomes: Enhancing De-Escalation and Crisis Response Training for Law Enforcement – Support for Law Enforcement Agencies; and WHEREAS, The Modesto Police Department (MPD) applied under the award category for agencies with more than 200 sworn officers; and WHEREAS, in October of 2025, the MPD was awarded $126,800 because of a successful grant application; and
WHEREAS, the MPD has traditionally had agreements with Stanislaus County Behavioral Health and Recovery Services – all generally covered by the same type of grant funding; and
WHEREAS, the Modesto Police Department and Stanislaus County Behavioral Health Recovery Services have developed an interagency agreement that outlines the roles and responsibilities of each agency in the partnership for the provision of the Crisis Intervention and De-Escalation Training classes; and #19..
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09/22/2026/MPD/JNicholson/ItemX 2 2026-XX
WHEREAS, on February 19, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Crisis Intervention and DeEscalation Training; and WHEREAS, 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. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in his or her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in procurement for the City at the lowest possible cost commensurate with the desired quality.” Here, the training will be taught by Behavioral Health professionals and tailored to the Modesto Community. Utilizing local agencies keeps funding local and allows greater collaboration between agencies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement with Stanislaus County Behavioral Health and Recovery Services, Modesto, CA, for Crisis Intervention and De-Escalation Training, for an estimated annual amount $79,300, and a total amount not to exceed $237,900 over three (3) years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Agreement, in a form approved by the City Attorney. #19..
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09/22/2026/MPD/JNicholson/ItemX 1 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of September 2026, by Councilmember ________________, who moved its adoption, which motion being duly seconded by Councilmember ________________, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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Interagency Agreement 1 City of Modesto – MPD CIT
FY 26-29
INTERAGENCY AGREEMENT
CITY OF MODESTO – CRISIS INTERVENTION TRAINING (CIT)
This Agreement is made and entered into in the City of Modesto, State of California, by and between Stanislaus County, through its Behavioral Health and Recovery Services (“County”), and City of Modesto (“City”), hereinafter referred to as “County” and “City,” for and in consideration of the mutual promises, covenants, and agreements set forth herein.
WHEREAS, County and City desire to collaborate in coordinating and conducting a series of 40-hour Crisis Intervention (CIT) and De-Escalation training courses for City’s Modesto Police Department, to be taught by subject-matter experts familiar with the Modesto community; and NOW, THEREFORE, the parties agree:
TERMS AND CONDITIONS
1. ROLES, RESPONSIBILITIES, AND CONTRIBUTIONS:
1.1 County shall provide the following:
1.1.1 Up to six (6) sessions of 40-hour Crisis Intervention and De-Escalation Training.
1.1.1.1 Maximum capacity of forty (40) participants per session.
1.1.1.2 Priority registration for City personnel.
1.1.1.3 A minimum of fifteen (15) registrants must be confirmed thirty (30) days prior to the scheduled session. Any session not meeting this requirement shall be canceled.
1.1.2 The training room, equipment including classroom set up, microphones, and IT support.
1.1.3 Procurement of subject-matter expert facilitators.
1.1.4 Materials for final day of training and graduation.
1.1.5 Training binders of presentation and reference materials for each participant.
1.1.6 Invoices to City for services rendered and supplies requiring reimbursement.
1.1.7 Certificates of completion for all non-law enforcement participants.
1.2 City shall provide the following:
1.2.1 Payment for services received upon receipt of invoice from County. #19..
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Interagency Agreement 2 City of Modesto – MPD CIT
FY 26-29
1.2.2 Certificates of completion for POST for law enforcement personnel.
1.3 City shall report the following information:
1.3.1 Number of participants registered per session.
2. BUDGET NARRATIVE
County shall provide the training sessions, and City shall remit payment on a reimbursement basis. Any non-Modesto Police Department participant attending shall be responsible for covering the individual cost of the training and will need to submit payment to City prior to attending.
Costs are outlined as follows:
2.1 De-Escalation Expert: $137 per hour; $5,200 or $1,040 per day of instruction.
2.2 Licensed Clinical Social Worker (LCWS), Licensed Marriage and Family Therapist (LMFT), Licensed Professional Clinical Counselor (LPCC), or Advanced Certified AOD Counselor (LAADC, CATC IV and above, or SUDCC IV and above): $150 per hour; $6,000 or $1,200 per day of instruction, plus $2,250 for fifteen (15) hours of pre-work. Total per 40-hour course: $8,250.
2.3 Forensic Psychologist: $187.50 per hour; $7,500 or $1,500 per day of instruction.
2.4 Psychiatrist: $200 per hour; $8,000 or $1,600 per day of instruction.
2.5 Subject Matter Expert: $137 per hour; $5,200 or $1,040 per day of instruction.
2.6 Supplies: Up to $5,500 per class, including binders, dividers, paper, and printing costs. Expenses will be billed on actual costs incurred.
2.7 Total not-to-exceed cost per class: $39,650
2.8 Total not-to-exceed cost for the term of this contract: $237,900
3. COMPENSATION
3.1 City shall reimburse County for supplies and services associated with this Agreement in the amount not to exceed $237,900 for a total of six (6) 40-hour CIT and De-Escalation training sessions.
3.2 County shall invoice to:
Modesto Police Department
Attn: Accounts Payable
PO Box 642
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Interagency Agreement 3 City of Modesto – MPD CIT
FY 26-29
Modesto, CA 95354
Invoices shall identify the service dates, description of services, and the total charges.
City shall pay County within thirty (30) calendar days of receipt of undisputed invoices.
4. TERM
This Agreement shall commence on July 1, 2026, and continue through June 30, 2029.
Either party may terminate this Agreement by providing thirty (30) calendar days’ written notice. Upon termination, City shall reimburse County for all expenses actually incurred.
5. INDEMNIFICATION
City shall indemnify, defend, and hold harmless County, its officers, agents, and employees, from liability or loss resulting from the negligent acts or omissions, or willful misconduct, of City, its agents, or employees pertaining to the activities to be carried out pursuant to the obligations of this Agreement. County shall indemnify, defend, and hold harmless City, its officers, agents, and employees from liability or loss resulting from the negligent acts or omissions, or willful misconduct, of County, its officers, agents, or employees pertaining to the activities to be carried out pursuant to the obligations of this Agreement. “Liability or loss” means claims, damages, judgments, expenses, and other costs, including litigation costs and attorney fees.
6. RELATIONSHIP OF PARTIES
This is an Agreement by and between independent public agencies and is not intended to, and shall not be construed to be, nor create the relationship of agent, servant, employee, partnership, joint venture, or any other similar association.
7. NOTICE
Any notice, communication, amendment, additions, or deletion to this Agreement, including change of address of either party during the term of this Agreement, which County or City shall be required or may desire to make shall be in writing and may be personally served, or alternatively, sent by prepaid first-class mail to the respective parties below:
To County: Stanislaus County
Behavioral Health and Recovery Services
Attn: Contract Services
PO Box 3211
Modesto, CA 95353
To City: Modesto Police Department
Attn: Jillane Blakeley
600 Tenth Street
Modesto, CA 95354
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- 604 -
Interagency Agreement 4 City of Modesto – MPD CIT
FY 26-29
8. REFERENCES TO LAWS AND RULES
In the event any law, regulation, or policy referred to in this Agreement is amended during the term hereof, the parties agree to comply with the amended provisions as of the effective date of such amendment.
9. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by County and City, and no other understanding, oral or otherwise, regarding this Agreement, shall be deemed to exist or to bind any of the parties to this Agreement.
10. AMENDMENT
This Agreement may only be modified, amended, changed, added to, or subtracted from by mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.
11. DUPLICATE COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
12. SURVIVAL
Notwithstanding any other provision of this Agreement, the following clauses shall remain in full force and effect and shall survive the expiration or termination of this Agreement:
Paragraph 3, “Compensation,” and Paragraph 5, “Indemnification.”
13. ELECTRONIC SIGNATURES
Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. “Electronic Signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a party with the intent to sign that record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.), as amended from time to time. #19..
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Revised /2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:
Supplier Contact: Supplier Phone No:
Are Federal Funds being utilized for portion of purchase? Yes No A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.
Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):
Reason for Bid Waiver - Check Box:
Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b)) – SOLE SOURCE LETTER ATTACHMENT REQUIRED OEM - Original Equipment Manufacturer / Distributor - OEM LETTER
ATTACHMENT REQUIRED
Inflexible time constraints preclude the bidding process - Exigent or emergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.
Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.
Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).
Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:
Project Description:
The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #19..
- 607 -
Revised /2025
Other (requires detailed comments)
NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
(insert required text field in Adobe)
Comments
#19..
- 608 -
1 INTERAGENCY AGREEMENT
MODESTO POLICE DEPARTMENT– CRISIS INTERVENTION TRAINING (CIT) This Agreement is made and entered into in the City of Modesto, State of California, by and between Stanislaus County, through its Behavioral Health and Recovery Services – BHRS (County), and City of Modesto, Modesto Police Department - MPD (Contractor) hereinafter referred to as “County” and “Contractor”, for and in consideration of mutual promises, covenants, and agreements as are hereinafter set forth.
WHEREAS, County wishes to collaborate with Contractor, to coordinate and conduct a series of 40-hour Crisis Intervention (CIT) and De-Escalation training taught by subject matter experts familiar with the Modesto community.
NOW, THEREFORE, the parties agree:
TERMS AND CONDITIONS
1. ROLES, RESPONSIBILITIES, AND CONTRIBUTIONS:
1.1 County shall provide the following:
1.1.1 Up to ten (10) sessions of 40-hour Crisis Intervention and De-Escalation Training annually.
1.1.1.1 The maximum capacity for each training session is forty (40) participants.
1.1.1.2 Provides priority registration to contractor.
1.1.1.3 If less than 20 are signed up 30 days out, the class will be cancelled.
1.1.2 Contact procurement for subject matter expert facilitators.
1.1.3 Materials for final day of training and graduation.
1.1.4 Training binders of presentation and reference material for each participant.
1.1.5 Invoices to contractor for services rendered and supplies for reimbursement.
1.1.6 Certificates of completion for all non-law enforcement personnel.
1.2 Contractor shall provide the following:
1.2.1 The training room, equipment including classroom set up, microphones, and IT support.
1.2.2 Payment for services received upon receipt of invoice from County.
1.2.3 Certificates of completion for POST for law Enforcement personnel.
1.3 Contractor shall report the following information:
1.3.1 Number of participants registered per session.
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2 2. BUDGET NARRATIVE:
County shall provide the training sessions and Contractor shall remit payment.
Below is an outline of what each course compromises:
2.1 De-Escalation Expert - $5,200 or $1,040 per day of instruction
2.2 Clinical Social Worker - $6,000 or $1,200 per day of instruction, plus $2,250 for 15 hours of pre-work prior to the week of classes. Total per 40-hour course = $8,250
2.3 Forensic Psychologist-$7,500 or $1,500 per day of instruction
2.4 Role Players – There will be 10-12 role players each session. A flat rate of $2,750 per training is paid to a local theatre company for these role players.
2.5 Supplies – up to $5,500 per class. To include binders, dividers, paper and printing costs. Will be billed on an actual expense incurred basis.
2.6 Total not to exceed cost per class: $29,200.
2.7 Total not to exceed cost for Procurement Contract category = $292,200
3. COMPENSATION
3.1 Contractor shall reimburse County for supplies and services associated with this Agreement during the term of this Agreement at an amount not to exceed $ 292,200 for a total of ten (10) forty- hour Crisis Intervention and De-Escalation Training sessions.
3.2 County shall submit invoices to Contractor by mail to the following address:
Modesto Police Department
Attn: Accounts Payable
PO Box 642
Modesto, CA 95354
At a minimum, invoices should identify the date(s) services were performed, a description of the services, and the total charge(s) for the services. The Contractor shall pay County within thirty (30) calendar days of receipt of undisputed invoice(s) by County.
4. TERM
This Agreement shall commence July 1, 2026, and continue through June 30, 2029 with the possibility of 2 1-year extensions. Either party may terminate this Agreement by giving thirty (30) calendar days written notice to the other party. In the event this agreement is terminated, County shall reimburse Contractor for any and all expenses actually incurred by Contractor for services under this Agreement. #19..
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3 5. INDEMNIFICATION
Contractor shall indemnify, defend, and hold harmless County, its officers, agents and employees, from liability or loss resulting from the negligent acts or omissions, or willful misconduct, of Contractor, its agents or employees pertaining to the activities to be carried out pursuant to the obligations of this Agreement. County shall indemnify, defend, and hold harmless Contractor, its officers, agents and employees from liability or loss resulting from the negligent acts or omissions, or willful misconduct, of County, its officers, agents or employees pertaining to the activities to be carried out pursuant to the obligations of this Agreement. “Liability or loss” means claims, damages, judgments, expenses and other costs, including litigation costs and attorney fees.
6. RELATIONSHIP OF PARTIES
This is an Agreement by and between independent contractors and is not intended to, and shall not be construed to be, nor create the relationship of agent, servant, employee, partnership, joint venture, or any other similar association.
7. NOTICE
Any notice, communication, amendment, addition or deletion to this Agreement, including change of address of either party during the term of this Agreement, which County or Contractor shall be required or may desire to make shall be in writing and may be personally served, or alternatively, sent by prepaid first-class mail to the respective parties as follows:
To County: County of Stanislaus
Behavioral Health and Recovery Services
Attn: Contract Manager
800 Scenic Drive
Modesto, CA 95350
To Contractor: Modesto Police Department
Attn: Jillane Blakeley
600 Tenth Street
Modesto, CA 95354
8. REFERENCES TO LAWS AND RULES
In the event any law, regulation, or policy referred to in this Agreement is amended during the term hereof, the parties agree to comply with the amended provisions as of the effective date of such amendment.
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4 9. ENTIRE AGREEMENT
This Agreement contains all the terms and conditions agreed upon by County and Contractor and no other understanding, oral or otherwise, regarding this Agreement, shall be deemed to exist or to bind any of the parties to this Agreement.
10. AMENDMENT
This Agreement may only be modified, amended, changed, added to, or subtracted from by mutual consent of the parties hereto if such amendment or change is in written form and executed with the same formalities as this Agreement and attached to the original Agreement to maintain continuity.
11. DUPLICATE COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.
12. SURVIVAL
Notwithstanding any other provision of this Agreement, the following clauses shall remain in full force and effect and shall survive the expiration or termination of this Agreement:
Paragraph 2, “Compensation”; and Paragraph 4, “Indemnification”.
13. ELECTRONIC SIGNATURES
Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. “Electronic Signature” means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code’§ 1633.1 et seq.) as amended from time to time.
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5 IN WITNESS WEHREOF, the parties have executed this Agreement on the date(s) shown below. The parties hereby agree to the provisions of this Agreement and certify that the provisions made herein will be honored.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 22,2026
Date: August 27, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Chad Reed, Public Works Director
SUBJECT: Upgrade existing AssetWorks to a cloud-based solution CONTACT: Patrick Crowley, Senior Public Works Manager,
[email protected], 209-342-2274
DESCRIPTION:
Consider approving an Agreement to upgrade the existing AssetWorks Fleet Management Software to the cloud-based solution, to AssetWorks, Inc., Berwyn, PA for a total amount not to exceed $731,837 over five (5) years. (Funding Source: Fleet Management Fund)
STRATEGIC PLAN ELEMENT:
This action supports the 2025-2026 City of Modesto Strategic Plan Area of Focus:
Governance and Service Delivery; “Build community trust in City government through responsive, transparent and efficient service delivery.”; Goal H: “Achieve long-term financial sustainability.” Strategy #1: “Develop a strategy for long-term financial sustainability.”
BACKGROUND:
The Fleet Services Division of the Public Works Department operates and maintains a fleet of 1,693 active vehicles and equipment. This equipment is used by all City departments in their daily operations, providing essential services to the citizens of Modesto.
The City and Assetworks entered into an agreement approximately 20 years ago and installed the original hardware and software. The current system is self-hosted; the server and management are currently performed by City staff. Due to the age of the system, the hardware no longer supports current upgrades due, in part, to storage limitations, and the installed version of software does not have the capacity to meet #20..
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City Council, September 22, 2026
Upgrade existing AssetWorks to a cloud-based solution
customer expectations or fleet management needs. Previous agreements were within the City Manager approval limits as the hardware was owned and managed by the City.
DISCUSSION:
Modern fleet asset management is critical to properly manage the City owned and contract maintenance agreements for vehicle service and repairs, as well as the life cycle of vehicle and equipment from purchasing through disposition. The transition to a cloud-based solution will address aging infrastructure and hardware that no longer supports current software upgrades due, in part, to storage limitations.
Additionally, the software will be cloud based reducing the burden on City IT staff and Public Works Fleet Services’ budget for maintaining servers and software updates/upgrades. The cloud-based solution will improve management controls, reporting, customer service, and provide a dashboard for customer access to place work requests and understand repair status of equipment.
On August 5, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Fleet Management Software Cloud-based. On November 7, 2025, Equalis Group issued Request for Proposal (RFP) # COG-2173 for Fleet Related Technology and Software Solutions and advertised through the Equalis Procurement Portal and Billings Gazette, EG-08 Daily, LocaliQ, The Salt Lake Tribune McClatchy, Virginia Media, Las Vegas Review-Journal, MCA & USA Today. On December 19, 2025, proposals were opened at Bonfire Online Procurement Platform. Thirteen (13) proposals were received and zero (0) were local vendors or within Stanislaus County and based on the criteria outlined in the RFP, four (4) contracts were awarded for this commodity, which includes Fleet Related Technology and Software Solutions. Based on the responsive and responsible proposer. City staff recommends awarding to AssetWorks, Inc., Berwyn, PA, to purchase Fleet Related Technology and Software Solutions for a two (2) year agreement with three (3) one-year extension options, for a total year one (1) cost of $170,818 and an amount not to exceed $731,837 over five (5) years.
Equalis Group is a cooperative agency which streamlines the procurement process by developing Invitation for Bids (IFBs) or Request for Proposals (RFPs) for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Equalis Group to offer exceptional products from nationally acclaimed vendors.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid.
However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, #20..
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City Council, September 22, 2026
Upgrade existing AssetWorks to a cloud-based solution
MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served.
FISCAL IMPACT:
Currently Assetworks is funded by professional services in the Fleet Services Division, and the costs will be absorbed within the Fleet Operating Fund, 5400-53255-53300. The cost incurred will be recovered through the Fleet Internal Service Fund (ISF) budget.
Below is a summary of the estimated five (5) year spending for the fleet management software system. The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.
Annual Amount Additional Funds Totals
Year 1 $170,818 $0 $170,818
Year 2 $121,278 $7,156 $128,434
Year 3 $128,434 $7,578 $136,012
Year 4 $136,012 $8,025 $144,037
Year 5 $144,037 $8,499 $152,536
Total 5-Year
Agreement
$731,837
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.
COMMITTEE RECOMMENDATION
This item was presented to the Finance Committee on August 24, 2026, and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Agreement with AssetWorks, Inc., Berwyn, PA for the cloudbased solution Fleet Management Software for a two (2) year Agreement with three (3) one-year extension options, for a total year one (1) cost of $170,818 and a total amount not to exceed $731,837 over five (5) years, and authorizing the City Manager, or his designee, to execute the Agreement.
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City Council, September 22, 2026
Upgrade existing AssetWorks to a cloud-based solution
Approved by:
Chad Reed, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement
3. OEM Sole Source
4. Proposal Scoring Summary
5. CA Levine Act
6. Financial Interest Disclosure (FID)
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09/22/2026/PW/PCrowley/Item XX 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX
RESOLUTION APPROVING THE AGREEMENT WITH ASSETWORKS, INC.,
BERWYN, PA FOR THE CLOUD-BASED SOLUTION FLEET MANAGEMENT SOFTWARE FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONEYEAR EXTENSION OPTIONS, FOR A TOTAL YEAR ONE (1) COST OF $170,818 AND A TOTAL AMOUNT NOT TO EXCEED $731,837 OVER FIVE (5)
YEARS, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AGREEMENT
WHEREAS, the Fleet Services Division of the Public Works Department operates and maintains a fleet of 1,693 active vehicles and equipment. This equipment is used by all City departments in their daily operations, providing essential services to the citizens of Modesto; and
WHEREAS, the City and Assetworks entered into an agreement approximately 20 years ago and installed the original hardware and software.
The current system is self-hosted; the server and management are currently performed by City staff; and
WHEREAS, due to the age of the system, the hardware no longer supports current upgrades due, in part, to storage limitations, and the installed version of software does not have the capacity to meet customer expectations or fleet management needs; and
WHEREAS, the transition to a cloud-based solution will address aging infrastructure and hardware that no longer supports current software upgrades due, in part, to storage limitations; and
WHEREAS, on August 5, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Fleet Management Software Cloud-based; and
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09/22/2026/PW/PCrowley/Item XX 2 2026-XX
WHEREAS, on November 7, 2025, Equalis Group issued Request for Proposal (RFP) # COG-2173 for Fleet Related Technology and Software Solutions and advertised through the Equalis Procurement Portal and Billings Gazette, EG-08 Daily, LocaliQ, The Salt Lake Tribune McClatchy, Virginia Media, Las Vegas Review-Journal, MCA & USA today. On December 19, 2025, proposals were opened at Bonfire Online Procurement Platform. Thirteen (13) proposals were received and zero (0) were local vendors or within Stanislaus County and based on the criteria outlined in the RFP, four (4) contracts were awarded for this commodity, which includes Fleet Related Technology and Software Solutions. Based on the responsive and responsible proposer; and WHEREAS, Equalis Group is a cooperative agency which streamlines the procurement process by developing Invitation for Bids (IFBs) or Request for Proposals (RFPs) for national competitive solicitations that meet or exceed local requirements. The competitive process is continually refined to best meet agency needs and allows Equalis Group to offer exceptional products from nationally acclaimed vendors; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC #20..
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09/22/2026/PW/PCrowley/Item XX 3 2026-XX
8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served; and WHEREAS, staff recommends the Agreement to upgrade the existing AssetWorks fleet management software to the cloud-based solution, to AssetWorks, Inc., Berwyn, PA for a total amount not to exceed $731,837 over five (5) years.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the agreement with AssetWorks, Inc., Berwyn, PA for the cloud-based solution fleet management software for a two (2) year agreement with three (3) one-year extension options, for a total year one (1) cost of $170,818 and a total amount not to exceed $731,837 over a five-year period.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney.
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09/22/2026/PW/PCrowley/Item XX 4 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of September, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M SANCHEZ, City Attorney
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ASSETWORKS CONFIDENTIAL Page 1 of 21
This Master Subscription Agreement (“Agreement”) is deemed effective upon the earlier of _____________________________, 2026, or the below date of countersignature (“Effective Date”) between the AssetWorks Contracting Party (“AssetWorks”) and _________________________________ and/or its authorized intermediary (“Customer”) identified on the order form and/or statement of work (collectively “Order”).
0 SCOPE & TERM.
0.1 This Agreement shall continue for five (5) years from the Effective Date and annually thereafter upon mutual agreement (“Term”) and shall apply to all Orders executed between AssetWorks and Customer (collectively “Parties”) during the Term. Capitalized terms are defined at the end of this Agreement.
0.2 In the event of any conflict or inconsistency among the documents governing the Services, the following order of precedence shall apply, but only to the extent of such conflict:
0.2.1 any written amendment to this Agreement that is signed by authorized representatives of both Parties and expressly states that it amends this Agreement.
0.2.2 this Agreement.
0.2.3 the applicable Order, Order Form, Statement of Work, or Change Order, but solely with respect to the specific products, services, quantities, fees, subscription term, delivery schedule, project scope, milestones, assumptions, and other business terms expressly set forth therein; and
0.2.4 any exhibits, schedules, documentation, or other attachments incorporated by reference.
No Order, Statement of Work, Change Order, purchase order, invoice portal term, online term, RFP response, customer policy, or other customer-supplied document shall amend, supersede, or modify this Agreement unless it expressly identifies the specific section of this Agreement being amended and is signed by AssetWorks’ authorized legal or contracting representative. Any legal terms contained in an Order, Statement of Work, Change Order, purchase order, or other customer-supplied document are rejected and shall have no force or effect unless agreed in accordance with the amendment requirements of this Agreement.
0.3 Customer agrees to pay the fees and AssetWorks agrees to supply the items as detailed on the Order subject to the terms and conditions of this Agreement (as applicable) to the exclusion of any additional or conflicting terms of acceptance.
0.4 No terms or conditions endorsed upon, delivered with, or contained in the Customer's acknowledgement or acceptance of this Agreement or any related Order shall form part of this Agreement. Customer hereby waives and agrees to waive any right to rely on such terms and conditions.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by authorized representatives as of the Effective Date:
ASSETWORKS INC. CUSTOMER
By By
Name Name
Title Title
Date Date
Address 1001 Old Cassatt Road, Ste. 204 Address
Berwyn, PA 19312
CC 1: CC 1:
CC 2: [email protected] CC 2:
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ASSETWORKS CONFIDENTIAL Page 2 of 21
1 SAAS SUBSCRIPTION
1.1 Software-as-a-Service Subscription. If the Order includes SaaS, recurring service, or similar identifier then subject to the terms and conditions of this Agreement including the payment of fees, AssetWorks will provide Customer with subscription-based access to the software/service as detailed on the Order and Documentation during the prepaid Term through an access-restricted website or designated IP address hosted via a third-party data center (“SaaS” or “Service”) for Customer’s internal business purposes provided Customer complies with the applicable limitations on use set forth in Section 3 (Ownership; Restrictions; Utilization Limitations).
1.1.1 Support & Hosting. SaaS subscriptions include standard support and hosting services pursuant to Section 4 (Maintenance & Support) and Section 5 (Hosting Services), respectively.
1.1.2 Delivery N/A. Customer agrees that orders for SaaS are services agreements due upon the Effective Date for which delivery and acceptance is inapplicable and that no copies of the Software nor license thereto will be delivered nor granted to Customer. 2 SOFTWARE LICENSE
2.1 Restated Software License. If the Order includes license to Software, then subject to the terms and conditions of this Agreement including the payment of fees, AssetWorks grants to Customer a non-exclusive, non-transferable, non-sublicensable, perpetual license to use the Software as detailed on the Order and Documentation up to the number of units or in the amount, quantity, and/or tier or as otherwise specified on the Order (e.g. Active Equipment Unit, Concurrent License, Enterprise License) for Customer’s internal business purposes provided Customer complies with the applicable restrictions set forth in Section 3 (Ownership; Restrictions; Utilization Limitations). Customer’s license is for (1) copy or image of the Software within one (1) business entity for production purposes on approved database and application servers (“Customer Environment”). Customer shall not copy nor use the Software for any other purpose except: (a) for archival purposes; (b) in connection with a disaster recovery program; or (c) for testing operation of the Software outside of a live production environment. 3 OWNERSHIP; RESTRICTIONS; UTILIZATION LIMITATIONS;
3.1 Restrictions; Limitations. To the extent permitted by law and unless Parties agree otherwise, Section 1 (SaaS Subscription) and Section 2 (Software License) are conditioned on the following limitations and restrictions. Customer shall not (indirectly or directly) attempt, permit, nor encourage any third party to: (a) copy, modify, enhance, translate, change data structures, create derivative works from, distribute, publicly display or perform, sublicense, transfer, sell, rent, lease, or assign the Software or Documentation or otherwise encumber the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive or modify the software or Source Code, underlying data structure, ideas, know-how, algorithms, or other trade secrets relevant to the Service; (c) engage in any activities that interfere or disrupt any computer, software, network, or other device used to provide the Service or otherwise impacting the Service or data contained therein; (d) gain unauthorized access; (e) remove any proprietary notices, labels, or markings from the Software or Documentation; (f) use the Software or Service by more than one (1) business entity or department, in processing work for third parties, or for any purpose other than its internal business purposes, which does not include use by any parent, subsidiary, or affiliate of Customer nor any third party other than Customer’s Users; (g) use the Service in a manner that violates laws or rights of others such as by inputting Excluded Data into the Service; (h) use the Software or Service as part of a fail-safe design for dangerous or emergency applications or as part of control measures required for hazardous materials, life support systems, munitions, or weapons; (i) perform benchmark, availability/uptime, performance, or pen tests without prior consent; (j) use the Software or Service to compete with AssetWorks; (k) engage in web- or data scraping on or related to the Service, including without limitation collection of information through unapproved third-party vendor, bot, web crawler, or any software that simulates human activity; and (l) use the Service and/or Software in excess of the licensed quantity or tier (e.g. Active Equipment Unit, Concurrent License, Enterprise License, etc.).
3.2 Ownership. Customer will not obtain any ownership rights, title, or interest to the Software or Services nor to any improvements, enhancements, derivatives, or modifications thereto. Any software, systems, methods, inventions, technology, and any intellectual property rights (“IPR”) developed or otherwise arising during this Agreement shall remain exclusively owned by AssetWorks and/or its licensors. Notwithstanding anything to the contrary, AssetWorks shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data), and AssetWorks will be free (during and after the term hereof) to: (a) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other AssetWorks offerings, and (b) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
3.3 Software Audit. AssetWorks reserves the right to periodically audit asset types, population base, or other agreed license metric to ensure accurate billing and contractual compliance. Customer agrees to cooperate and provide reasonable access to relevant records, data, and premises. If the audit identifies unauthorized use outside of the contracted department as per the Agreement and Documentation, AssetWorks shall invoice and Customer agrees to pay the fees that would have applied to authorized use, for #20..
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ASSETWORKS CONFIDENTIAL Page 3 of 21
the period beginning at the start of the term during which unauthorized use occurred, as well as interest permitted by law. Customer shall reimburse AssetWorks for the reasonable cost of the audit (or of the next audit in case of discovery without an audit) in addition to such other rights and remedies as AssetWorks may have. 4 MAINTENANCE & SUPPORT
4.1 Annual Support Subscription (i.e. Maintenance-as-a-Product). Subject to the terms and conditions of this Agreement, AssetWorks will provide the latest updates, modifications, and enhancements (including correction of errors) which relate to the operation and performance of the Software or SaaS (hereinafter referred to collectively as the “Service(s)”) as they are developed and made generally available in accordance with the maintenance and support schedule published by AssetWorks (collectively “Maintenance” or “Support”). Subscriptions to Maintenance include:
4.1.1 Technical Assistance. AssetWorks will make available technically qualified personnel to respond to all reasonable support requests made by Customer during normal business hours published by AssetWorks Customer Care (excluding legal holidays).
4.1.2 Technical Literature. AssetWorks will make available all technical literature (i.e. Documentation) in electronic format that is relevant to the operation of the Service within the scope of Customer’s operations.
4.1.3 Correction of Deviations. AssetWorks will take reasonably necessary steps to correct errors and/or malfunctions (“Deviation(s)”) without undue delay that, in the mutual and reasonable opinion of the Parties, constitute a serious impediment to the normal intended use of the Service as set forth in the Documentation. Corrections to Deviations which do not rise to this level will be distributed to Customer in accordance with AssetWorks’ normal maintenance schedule.
4.1.4 Software Revisions & New Versions. The Software may be revised by AssetWorks to correct Deviations and/or for upgrades, enhancements, improvements, or modifications designed to improve performance and/or increase capabilities of the Software.
Revisions may be mandatory or optional and are included at no cost with annual subscription to Maintenance. New products or versions may also be added to the Software from time to time by AssetWorks. Compared to revisions, new products substantially improve the performance, functionality, and capability of the Software. AssetWorks has sole discretion to determine which revisions are mandatory and which updates shall be issued as new products for additional fee.
4.2 Maintenance Exclusions. Unless the Order provides otherwise, subscriptions to Maintenance do not include: (a) custom programming, consulting, configuration services, migration or upgrade support; (b) on-site support or installation, travel, hotel, and per-diem expenses related thereto; (c) support of any software other than the Software accessed as part of the Service; (d) training; (e) support for third-party integrations; (f) support of Customer’s computer equipment, servers, printers, or problems which arise therefrom; (g) remediation of issues resulting from: Customer’s misuse of the Software or data files in contravention of the Documentation, failure to implement a mandatory revision or update the Software to a current or supported version when recommended, failure to obtain or decision to otherwise previously forgo Maintenance; (h) diagnostic assistance for issues unrelated to a Deviation; and (i) any Professional Services which AssetWorks ordinarily performs pursuant to SOW.
4.3 Additional Software Maintenance Fee. Customer agrees that Maintenance fees shall automatically increase in an amount equal to twenty-five percent (25%) of the non-discounted, then-current Software fee for additional licenses supplied during the Term.
AssetWorks shall invoice and Customer agrees to pay additional maintenance for Software licenses upon the Order Effective Date.
Customer agrees to pay additional maintenance for the cost of any software, reports, or notification requiring specific configuration or implementation upon delivery pursuant to the Order. For SaaS, additional maintenance will be added to the annual SaaS fee or added into the per-unit SaaS fee requiring specific configuration or implementation.
4.4 Maintenance Re-enrollment Fee. In the event Customer subscribes to Maintenance any time after the Effective Date or otherwise fails to pay for Maintenance in advance of the annual term, then in addition to the annual subscription fee due in advance for the next year, Customer also agrees to pay a late-subscription fee (which Customer hereby agrees is fair and reasonable) along with back-maintenance in a total amount equal to One Hundred and Ten Percent (110%) of the Maintenance fees otherwise payable.
4.5 Mandatory Revisions; Termination. AssetWorks reserves the right to terminate Maintenance if Customer does not implement a mandatory revision within sixty (60) days’ notice or such longer period as AssetWorks may provide.
4.6 Other Fees & Expenses. If on-site Maintenance is required, Customer agrees to pay reasonable travel, hotel, and per-diem expenses which shall be invoiced and paid as incurred.
5 HOSTING SERVICES.
5.1 Scope of Services. AssetWorks provides hosting services via a third-party data center (“Hosted Environment”) inclusive with subscriptions to SaaS and to support installation and upgrade management of Software licensed by Customer (“Hosting Services”).
If the Order includes Hosting Services or SaaS, then the Service for purpose of the Agreement includes the following:
5.1.1 Application. Application refers to AssetWorks’ proprietary software and third-party software if specified on the Order.
5.1.2 Support Software. Support Software includes the operating system, utilities, database software, and all necessary licenses required to operate the Application as detailed in the Documentation. #20..
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5.1.3 Hosted Environment Hardware. Server infrastructure using redundant web and database servers is deployed within the Hosted Environment. If required, Customer will provide the telecommunications equipment, communications line, and services for connecting Customer’s site to the Hosted Environment.
5.1.4 Database Instances. AssetWorks will maintain a single production database instance to provide daily, real-time transaction data to Users and will populate a test database (if applicable) with Customer’s production data up to four (4) times in any twelve (12) month period at no additional cost. If applicable, updates or patches are first introduced to the test environment and Customer is responsible to test and report errors within ten (10) days otherwise the new release or patch will then be scheduled for the update to the production environment. AssetWorks may use the test environment to troubleshoot or configure and test new functionalities or reports. A Reporting Database may be provided for an additional fee on a 24-hour refresh.
5.1.5 Custom Reports. For an additional fee, AssetWorks will certify a Customer-built report for scheduling execution from within the Application directly against the production database, certifying that the report performs within appropriate performance guidelines and does not cause unacceptable response time issues. Once certified, AssetWorks will install the report into Customer’s production environment to make it available for execution submission from within the Application.
5.1.6 Backups. Hosted Environment database and incremental file backups are performed daily with local retention at fifteen (15) to thirty (30) days, local workloads enabled with cloud tiering to Microsoft Azure Blob storage for archive data from thirty-one (31) to ninety (90) days; target recovery time objective (RTO) is forty-eight (48) hours or maximum of four (4) business days; Recovery Point Objective (RPO) is one (1) hour. Premium Hosting Subscriptions in good standing shall have RTO of four (4) hours and RPO of within last minute.
5.1.7 Hours of Service Operation. Application will be accessible and available to Customer and capable of normal operating functions twenty-four (24) hours-per-day, seven (7) days-per-week, except for periods of scheduled maintenance and AssetWorks’ approved outages with prior customer notification. AssetWorks will not be held responsible for inaccessibility arising from communications problems occurring beyond AssetWorks’ external network interface nor will those hours of inaccessibility count as unavailable.
5.1.8 Hosted Environment Maintenance. AssetWorks will complete routine maintenance, including application upgrades, on the Hosted Environment according to the published schedule. Upgrade/patch notifications are normally sent two (2) business days in advance and generally occur during off-hours. All routine, additional, and emergency maintenance will be considered a period of scheduled maintenance. AssetWorks will endeavor to provide at least thirty (30) days’ notice to any changes in the schedule. If additional non-emergency maintenance outside of the scheduled maintenance window is required, AssetWorks will notify Customer in writing and Parties will mutually agree on the downtime.
5.1.9 Scheduled Hosted Environment Upgrades. Customer acknowledges and agrees that the Hosted Environment is subject to regularly scheduled product upgrades. AssetWorks will perform system upgrades up to four (4) times per calendar year (“Scheduled Upgrades”). These Scheduled Upgrades are mandatory and are applied to ensure the security, stability, and continued support of the Hosted Environment. Customer shall be provided with reasonable advance notice of each Scheduled Upgrade, including the anticipated timing and any expected service impacts. Customer is responsible for ensuring compatibility of any Customer performed integrations or configurations with the upgraded version. AssetWorks shall not be liable for issues arising from unsupported or incompatible Customer performed integrations or configurations. During a Scheduled Upgrade, temporary, limited-service interruptions may occur. AssetWorks will use commercially reasonable efforts to minimize downtime and complete each upgrade within the communicated maintenance window.
5.1.10 Data Classification. The Hosted Environment maintains SSAE-16 SOC 2 certification/ISO27001 compliance as a facility housing CUI (Controlled Unclassified Information) data based on the DOJ assessment using NIST 800-53 guidelines for FISMA (Federal Information Standards Management Agency) standards. (SC Information Service = [(confidentiality, MODERATE), (integrity, LOW), (availability, LOW)].
5.2 Customer Responsibilities. The Service specifically excludes the following items which Customer agrees to be responsible for:
5.2.1 Maintenance Exclusions. All items listed within section 4.2 (Maintenance Exclusions) including (but is not limited to) remediation of issues which do not constitute a Deviation. AssetWorks shall have no obligation but may attempt to correct such situations at Customer’s expense.
5.2.2 Proper Use. Ensuring the Service is used in accordance with this Agreement and in a manner that does not violate nor threaten to violate applicable laws or rights of others (such as by inputting Excluded Data into the Service) and promptly notifying AssetWorks upon discovery of misuse or suspected misuse by Customer, its Users, or any third party.
5.2.3 Unauthorized Access. Customer shall take reasonable steps to prevent unauthorized access to the Service such as by protecting passwords and securely managing log-in credential. Customer shall notify AssetWorks immediately of any suspected unauthorized use of the Service or breach of its security and shall use best efforts to stop said breach.
5.2.4 Key Personnel. Assigning primary and alternate Customer-designated key personnel to coordinate all communications and activities related to the Services on a regular basis.
5.2.5 Customer Resources. Customer will: (i) provide, maintain, and make available to AssetWorks, at Customer’s expense and in a timely manner, the resources, personnel, and documentation described in the Order and reasonably requested by AssetWorks; (ii) designate qualified representatives with project management responsibilities and/or decision-making authority to regularly consult with AssetWorks; (iii) assign primary and alternate Customer key personnel to coordinate all communications; and (iv) #20..
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meet all Order assumptions (e.g. site readiness) and be responsible for any delays or additional fees should any Order assumptions not be met.
5.2.6 Customer Credentials & Application-level Security. Providing up-to-date User identification data, determining the appropriate security profile for each User, keeping all User identifications and passwords secure (“Customer Credentials”), and promptly notifying AssetWorks upon suspicion that Customer Credentials were compromised. Customer is solely responsible for applicationlevel security and for secure management of Customer Credentials.
5.2.7 Customer’s Site. Installation, operation, and maintenance of all workstation software, existing data communications and configurations, LAN, hardware, or other application software required at Customer’s site. Customer will provide access to its site and obtain any license or approvals necessary for any on-premises performance.
5.2.8 Customer’s Environment. Ensuring Software deployed to the Customer Environment (if applicable) complies with the Documentation and does not exceed the licensed quantity, tier, or other Order restriction.
5.2.9 Testing updates, fixes, and upgrades. Testing updates or patches and reporting any errors within ten (10) days of their introduction to the test environment or otherwise during the mutually agreed testing period.
5.2.10 Diligent Troubleshooting. Customer must perform analysis of suspected problems to determine their specific nature and possible causes before calling AssetWorks for assistance. Notwithstanding this diligence requirement, Customer is responsible for informing AssetWorks of any problems encountered in a timely manner.
5.3 Service Level Objectives.
5.3.1 Availability. For Premium Hosting Subscriptions in good standing, AssetWorks will use commercially reasonable efforts to provide Service Level Objectives (SLO) of 99.9% uptime. Otherwise, AssetWorks will use commercially reasonable efforts to provide Services with an average of 99% Availability for each quarter during the Term. For purposes of the Agreement, “Availability” during any quarter refers to Customer’s Users’ ability (i.e. documented inability) to log into the production environment during such quarter calculated as follows:
5.3.2 Service Credit. In the unlikely event Availability is less than ninety-nine percent (99%) during any two (2) consecutive quarters, Customer will receive a service credit (i.e. fee adjustment) of five percent (5%) of the applicable Service fees paid, subject to Customer delivering written notice (detailing the alleged unavailability, time/duration, location/users impacted (if applicable), and description of resolution attempts) within fifteen (15) days of the relevant quarter’s end in writing to AssetWorks’ office address and subject to Customer’s compliance with the terms of this Agreement. Upon receipt of such notice, AssetWorks shall have thirty (30) days to investigate the contention and, if it is determined that AssetWorks did in fact fail to meet the applicable Availability level, Customer will receive the appropriate service credit to its account during the next invoice cycle. THE SERVICE CREDIT SET FORTH ABOVE SHALL BE CUSTOMER’S SOLE REMEDY AND ASSETWORKS’ ENTIRE LIABILITY IN THE EVENT OF A BREACH OF THESE SERVICE LEVEL OBJECTIVES.
5.4 Performance Reports. Unless the Order or applicable law requires otherwise, AssetWorks will provide standard performance reports and availability metrics to Customers via biannual conference calls (i.e. Teams). Customer acknowledges and agrees that: (i) all performance reports shall be provided only upon specific request by Customer; (ii) all such performance reports constitute sensitive trade secret and confidential information of AssetWorks not to be shared without approval; and (iii) any greater frequency, reporting, and/or actual delivery of performance documentation will require additional engagement and fee. 6 HARDWARE
6.1 Hardware Prices & Specifications. Hardware prices and specifications are subject to change without notice. AssetWorks is not responsible for typographical and/or photographical errors.
6.2 Hardware Installation & Configuration. Hardware fees are exclusive of shipping, installation, and/or configuration services unless Order provides otherwise. Customer agrees that installation guides, site readiness requirements, and/or other hardware-specific terms on the Order or otherwise published by the applicable hardware provider are deemed an integral part of this Agreement.
X = (Y - Z) / Y * 100
“X” is the Availability of the production environment during the quarter; “Y” is the total number of hours in such quarter minus the number of hours during such quarter that the Customer is unable to log in because of: (a) regularly scheduled maintenance windows and other times for which Customer received reasonable notice in advance thereof; (b) Force Majeure, third-party integrations, and other circumstances outside AssetWorks’ reasonable control ; (c) nonperformance of hardware, software, Customer’s internet service provider (ISP) connections, and/or non-performance of equipment that is neither provided nor certified by AssetWorks except as such non-performance is directly caused by AssetWorks; and “Z” is the number of hours in such quarter during which Customer is unable to log into the production environment (excusive of items set forth in the definition of “Y” above and de minimis outages); provided that AssetWorks was notified or reasonably should be aware of Customer’s inability to log into the production environment. #20..
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6.3 Hardware Warranties. AssetWorks warranty responsibility for Hardware is limited to replacement parts and telephone and/or helpdesk support during the warranty period in accordance with the then-current applicable warranty statements.
6.4 AssetWorks GPS
6.4.1 Technical Assistance. Telephone and/or Help desk support is available for AssetWorks GPS hardware issues 8:00AM-5:00pm MST Monday through Friday, by emailing [email protected] or calling 403-777-3760 x2
6.4.2 Warranty on third-party products, where sold as part of the AssetWorks GPS, will be as offered by the original manufacturer’s warranty terms and Customer will be subject to these terms.
6.4.3 Activations; Invoicing. Notwithstanding any terms to the contrary, Customer agrees that deactivations of AssetWorks GPS-related units shall take effect in the next applicable subscription period and that fees will not be prorated nor refunded for units deactivated during the applicable subscription period.
6.5 FuelFocus, FuelDrive, & KeyValet
6.5.1 Technical Assistance. Telephone and/or Help desk support is available for FuelFocus & FuelDrive hardware issues 8:00AM-5:00pm ET Monday through Friday, by emailing [email protected] or calling 610-225-8350 (800-900-8152). Calls left after hours will be returned the next business day. Access to support after warranty period is on a commercially reasonable basis unless Customer is a fully paid subscriber for Maintenance.
6.5.2 Return Policy. Hardware may be returned within thirty (30) days of shipment by requesting a Returned Merchandise Authorization (“RMA”) by emailing [email protected] or by calling 610-225-8350. RMAs are valid for fifteen (15) days from the date of issuance. Customer must ship the requested hardware, freight pre-paid, with original packing, manuals, and accessories (as applicable) to the RMA-identified return address with AssetWorks-issued RMA affixed and enclosed otherwise no credit will be issued. A minimum restocking fee of 25% will be charged against any return credit issued to Customer. AssetWorks shall refund, replace, or exchange (at its option) such Hardware within fifteen (15) business days of its receipt; provided, however, that AssetWorks reserves the right to reject returns of Hardware that are: (a) lacking a valid and/or unexpired RMA; (b) no longer in production; (c) used unless under warranty or other maintenance contract; (d) altered without AssetWorks’ specific authorization; or (e) not evaluated by AssetWorks’ personnel and/or returned in accordance with this section.
6.6 Limited Hardware Warranty. AssetWorks warrants Hardware to be free from defects in materials and workmanship for one (1) year from the date of original purchase; provided, however, that AssetWorks GPS Hardware is warranted for the entire Term (“Warranty Period”). During the Warranty Period, AssetWorks will provide new or rebuilt replacement parts for AssetWorks-verified defects within fifteen (15) business days of AssetWorks’ receipt of such Hardware if evaluated by AssetWorks and returned in accordance with these terms. On-site labor and travel costs are not included. Replacements may be re-manufactured or reconditioned and will be warranted for the remainder of the original Warranty Period.
6.7 Hardware Warranty Exclusions. AssetWorks Hardware warranties do not cover and shall be void in regards to nor shall AssetWorks be responsible for any damages, costs, and/or repairs attributable in any way to: (i) faulty installation or installation otherwise not in accordance with AssetWorks installation manual or instructions; (ii) use of personnel other than authorized representatives of AssetWorks absent prior written approval from the AssetWorks Project Manager; (iii) water, fire, abuse, theft, vandalism, shipment, accident, operator error or lack of knowledge, power surges or failure, acts of god and force majeure; (iv) any condition not encountered during normal operation; (v) neglecting, misusing, tampering, or adjusting of the Hardware; (vi) Customer’s failure to perform normal preventive maintenance; (vii) accessories attachments or other devices not furnished by AssetWorks; (viii) labor, travel, or any costs unrelated to parts; and (ix) expendable items such as magnetic card, printer ribbons, fuses, bulbs, and similar items and supplies subject to ordinary wear and tear.
6.8 HARDWARE WARRANTY DISCLAIMER. HARDWARE WARRANTIES ARE PROVIDED IN LIEU OF ALL OTHER RIGHTS, CONDITIONS, AND WARRANTIES. ASSETWORKS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO HARDWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTIBILITY, OR NON-INFRINGEMENT.
ASSETWORKS DOES NOT WARRANT THAT HARDWARE WILL BE ERROR-FREE OR THAT ANY DEFECTS THAT MAY EXIST IN PRODUCTS CAN BE CORRECTED. IN NO EVENT SHALL ASSETWORKS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST
PROFITS, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED WHETHER OR NOT ASSETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7 PROFESSIONAL SERVICES.
7.1 Scope. AssetWorks will provide the professional services detailed on the Order Form and/or SOW (collectively “Order”) or otherwise requested by Customer (“Professional Services” or “PS”).
7.2 Professional Services Fees. Customer agrees to pay the Professional Services fees as follows:
7.2.1 Each Order will be on a time and material basis, a fixed price basis, or a hybrid of both as specified in the Order. The Order may include a definitive list of deliverables (“Deliverables”) that must be completed by AssetWorks. In some instances, the Order will include a date by which Deliverables must be completed. #20..
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7.2.2 If Professional Services result in greater AssetWorks duties than required by the Order, Customer will work closely and in good faith with AssetWorks to modify the Order to ensure that fees are increased reflect increased Customer requirements.
7.2.3 Unless specifically addressed in the Order, all travel and expenses will be extra and billed as incurred.
7.2.4 Customer will bear the expense of its failure to meet all assumptions noted on the Order.
7.3 Acceptance Date. Acceptance of any PS deliverable (or part thereof) shall be deemed to occur on the earliest of the following dates which shall be known as the Acceptance Date: (a) on the tenth (10) day after the PS deliverable (or part thereof) is delivered unless Customer established to AssetWorks’ reasonable satisfaction that such PS deliverable does not meet in any material respect the Order criteria; (b) on the date which Customer performs acceptance testing of the PS deliverable (or part thereof) that meets the Order criteria, in which event Customer shall immediately notify AssetWorks in writing; or (c) on the date which Customer substantially utilizes the PS deliverable (or part thereof) in a live production environment, in which event Customer shall immediately notify AssetWorks in writing.
7.4 Subcontractors. AssetWorks may engage subcontractors to assist in performing Professional Services without the prior written consent of Customer so long as AssetWorks supervises such subcontractors as if AssetWorks performed the Professional Services.
7.5 Changes Order Management Plan (COMP). Any change to any Statement of Work (SOW) or its equivalent shall only be done as follows:
I. Customer will send a Change Order Request via E-mail to the Project Manager providing AssetWorks with sufficient details to identify and describe:
1. The nature of the requested change(s).
2. The reason(s) for the requested change(s).
3. The potential impact to the project (if known), including, but not limited to:
i. Implementation and Completion Schedule
ii. Scope
iii. Pricing
iv. Payment Schedule
II. AssetWorks will:
1. Evaluate the Change Order Request.
2. Communicate to Customer about the required change(s) to the relevant products and services.
3. Communicate to Customer the estimated additional payments/increased fees associated with the requested change(s).
4. Provide Customer with a written Change Order summarizing the information from 2. and 3. above for Customer to review and execute.
III. Customer will review, execute, and return the Change Order to AssetWorks.
IV. AssetWorks will review, execute, and return a fully executed copy of the Change Order to Customer.
V. All Change Orders must be signed by a representative from both Customer and AssetWorks possessing the authority to enter a legally enforceable agreement on behalf of the party they represent.
VI. The mutually executed Change Order shall be considered an amendment to the applicable terms and conditions of the MSA and SOW between Customer and AssetWorks.
VII. In the event of a conflict between a mutually executed Change Order and the applicable SOW or Order, the terms of the most recent mutually executed Change Order shall control solely with respect to the specific changes in scope, schedule, pricing, payment schedule, assumptions, or deliverables expressly addressed in such Change Order. No Change Order shall amend or supersede any legal term of this Agreement.
VIII. The Change Order shall not contain any legal terms or conditions.
IX. Upon receiving the mutually executed Change Order, AssetWorks shall stop work on any milestones in-progress which are affected by the Change Order, close out any such milestones, and invoice Customer for the work performed on the closedout milestone(s).
X. Upon receiving full payment of the invoice(s) for the closed-out milestone(s), AssetWorks shall commence implementation of the requested change(s).
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XI. If the parties cannot agree on a change related to a delay or project extension due to any reason beyond the control of AssetWorks, then AssetWorks shall have the right to stop work and receive a day-for-day extension pending agreement on such change or resolution via the dispute resolution process.
7.6 Delays. Customer acknowledges that AssetWorks performance is dependent on the timely disclosure of all relevant information and the timely performance of the Customer's obligations under this Agreement. AssetWorks will not be liable for any delays, losses, damages, or costs suffered by Customer as a direct or indirect consequence of its failure to disclose information or perform any obligations, and the Customer accepts full responsibility for same.
7.7 SOW Termination. AssetWorks may terminate or suspend performance of Professional Services under any Order for its convenience and/or effective immediately upon written notice if Customer fails to make any payment in full as and when due hereunder.
Termination of an Order will not terminate this Agreement which shall survive for any Order still pending upon termination of this Agreement. Customer agrees to pay unbilled Professional Services provided to Customer up to the date of termination regardless of whether Customer accepted the Deliverable or if the milestone was achieved. 8 FEES & PAYMENT
8.1 Fees. Customer agrees to pay the fees detailed on the Order within thirty (30) days of invoice date as follows:
8.1.1 Software license fees are due and payable upon the Effective Date and thereafter upon license increase, if applicable.
8.1.2 Service subscription fees for Maintenance/Support, Hosting, SaaS, and other recurring services are due and payable upon the Effective Date and annually in advance thereafter absent 90-days’ written notice. Unless Order provides otherwise, fees are based on Services purchased and not actual usage; quantities purchased cannot be decreased during the relevant subscription term.
Customers migrating to Hosting/SaaS are billed upon notification from AssetWorks that Hosting/SaaS environment is established.
8.1.3 Professional Services Fees, including one-time implementation or set-up fees identified on the Order, shall be billed either on a fixed-fee basis upon achievement of milestones pursuant to a mutually agreed project plan, on a time-and-materials basis monthly in arrears, or on a hybrid-fixed-T&M basis, in each case as detailed on the Order; and
8.1.4 Recurring Services fees may be increased annually upon thirty (30) days’ notice to Customer for the subsequent year of the Term.
8.1.5 Hardware shall be billed to Customer at the quoted price upon delivery through an AssetWorks-selected common carrier, F.O.B. destination, with Customer responsible for any fees related to shipping such as custom duties, shipping insurance, etc.
8.2 Invoices; No Refunds. Customer agrees to pay the fees set forth on the Order within thirty (30) days of invoice, to the AssetWorks Contracting Entity identified on the Order, in the currency of the Order, preferably by electronic funds transfer (EFT) via Funds Transfer (Fed Wire) or Direct Deposit (ACH), without deduction, withholding, or offset. For late payment, Customer agrees to pay interest absent notice or demand in an amount equal to the lower of: (a) statutory interest in the prompt payment act applicable to Customer; (b) eighteen percent (18%) per annum compounded monthly; or (c) the maximum interest rate permitted by applicable law. Fees are nonrefundable unless Parties agree otherwise. Customer agrees to pay an administrative fee of 5% per invoice if: (d) invoice must be uploaded to a Customer or third-party portal; or (e) invoice requires custom preparation or presentation.
8.3 Additional Maintenance/Support Fee. As per section 4.3 above, Customer agrees that Maintenance/Support and SaaS subscription fees shall increase based on additional software licenses, SaaS subscriptions, or custom-developed software.
8.4 Taxes. Amounts due under this Agreement are payable to AssetWorks without deduction net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (collectively, “Sales Tax”). Except as forbidden by applicable law, AssetWorks may require that Customer submit applicable Sales Taxes to AssetWorks unless Customer gives AssetWorks a valid tax exemption certificate within thirty (30) days of the Effective Date. AssetWorks’ failure to include any applicable tax in an invoice will not waive or dismiss the parties’ rights or obligations pursuant to this section. If applicable law requires withholding or deduction of Sales Taxes or any other tax or duty, Customer shall separately pay AssetWorks the withheld or deducted amount, over and above the fees on the Order. In the event a taxing authority conducts an audit of this Agreement and determines that an additional tax should have been imposed or a refund of tax is due (other than those taxes levied on AssetWorks income), Customer shall reimburse AssetWorks, or AssetWorks shall reimburse such refund to Customer, for any such additional tax or any such refund, as applicable, including interest and penalties thereon.
8.5 Tariffs.
8.5.1 Tariffs and Government-Imposed Charges. Customer acknowledges that the prices for certain hardware, components, and related products or services may be affected by tariffs, duties, surcharges, trade restrictions, vendor-imposed cost increases, or similar charges imposed by governmental authorities or third-party suppliers (“Tariff Charges”). AssetWorks may, at any time and without limitation, assess, modify, increase, decrease, or remove Tariff Charges as a separate line item or as part of the applicable fees, regardless of any fixed pricing, price protection, or other terms set forth in this Agreement.
8.5.2 Calculation and Adjustment. Tariff Charges may reflect a blended or estimated impact of applicable tariffs, duties, and supplier surcharges and may fluctuate based on changes in law, trade policy, vendor pricing, or supply chain conditions. AssetWorks shall #20..
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have no obligation to provide country-specific, product-specific, or transaction-specific tariff calculations or supporting documentation.
8.5.3 No Refunds or Credits. Except to the extent expressly required by applicable law or expressly agreed by AssetWorks in writing, Tariff Charges are non-refundable and non-creditable, and Customer waives any right to dispute, offset, or seek reimbursement of such charges, including based on subsequent tariff changes, reductions, exemptions, or retroactive adjustments. AssetWorks reserves the right to charge Customer an additional fee for the processing and refunding of any Tariff Charges. The additional fee shall be calculated using the current hourly rate for professional services on the date Customer has communicated a refund request.
8.5.4 Immediate Effect. Tariff Charges shall apply to all applicable orders and invoices upon notice by AssetWorks or as otherwise reflected on an invoice and shall take effect immediately unless otherwise stated by AssetWorks in writing.
8.6 Data Processing Audit. Eight hours per year shall be allocated to support Customer or its designee in an audit of records during business hours at AssetWorks location. Additional hours, if needed, will be billed at then-current hourly rates with Customer responsible for all out-of-pocket expenses incurred in connection with such audits. 9 CONFIDENTIAL INFORMATION. For purpose of this Agreement, Parties agree that “Confidential Information” means all information disclosed by or on behalf of either Party (“disclosing party”) to the other Party (“recipient”) during the Term, whether orally or in writing, that the recipient should reasonably understand to be confidential. Each Party will maintain all Confidential Information in confidence and will use it solely in the discharge of its obligations under this Agreement. Nothing herein will be deemed to restrict a Party from disclosing Confidential Information to its employees and subcontractors in the discharge of such obligations. Confidential Information will not include information that: (a) is or becomes generally known or available to the public through no fault of the recipient; (b) is known to the recipient at the time of its receipt from the disclosing party; (c) the disclosing party provides to a third party without restrictions on disclosure; (d) is subsequently and rightfully provided to the recipient by a third party without restriction on disclosure; (e) is independently developed by the recipient, without reference to the disclosing party’s Confidential Information; or (f) is required to be disclosed pursuant to a government agency, court ordered subpoena, or the Public Records Act, provided the recipient promptly notifies the disclosing party of such order to allow disclosing party reasonable time to seek protective order or other appropriate relief. Because of the unique nature of the Confidential Information, each Party agrees that irreparable harm may occur in the event the recipient fails to comply with its confidentiality obligations herein, that monetary damages may be inadequate to compensate the disclosing party for such breach, and that the disclosing party may accordingly be entitled to injunctive relief. 10 WARRANTIES & DISCLAIMERS
10.1 Software Warranty. AssetWorks warrants the Software licensed or included with Hardware shall perform substantially in accordance with the Documentation for ninety (90) days from delivery which in any event shall not exceed one (1) year from the Effective Date.
During the Software warranty period, in the event there exists a Deviation or nonconformance to the Documentation, which in the mutual and reasonable opinion of AssetWorks and Customer, constitutes a serious impediment to the normal intended use of the Software, AssetWorks’ sole responsibility shall be to correct the Deviation or nonconformance with due dispatch. Corrections to Deviations or nonconformance which do not rise to this level shall be corrected and distributed by AssetWorks in accordance with the published maintenance schedule provided Customer is subscribed for Maintenance.
10.2 Service Subscription Warranty. AssetWorks warrants the Service shall function substantially in conformance with the Documentation for so long as Customer pays in advance the subscription fee for the applicable Service (e.g. Maintenance, Hosting, and/or SaaS).
10.3 Professional Services Warranty. AssetWorks warrants that Professional Services will be performed with the degree of skill and judgement normally exercised by recognized professional firms performing substantially similar services. In the event of any breach of the foregoing warranty, AssetWorks will at its expense and discretion either: (a) correct the non-conforming Deliverables; or (b) refund to Customer the portion of Professional Services fees attributable to the non-conforming Deliverables. No Professional Services warranty claim will be effective unless Customer delivers to AssetWorks written notice detailing the non-conformities within sixty (60) days after tender of the non-conforming Deliverables. The remedy set forth in this section is the sole and exclusive remedy for breach of the foregoing Professional Services warranty. Customer represents and warrants that Customer has the right to use and furnish any information, specifications, data, or intellectual property that Customer has provided or will provide for AssetWorks to perform under this Agreement.
10.4 WARRANTY DISCLAIMER. Except to the extent set forth herein, CUSTOMER ACCEPTS THE SERVICE “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” AND ASSETWORKS DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION: MERCHANTABILITY,
FITNESS FOR PURPOSE, COMPLIANCE WITH LAW, ERROR-FREE PERFORMANCE, FUNCTIONALITY WITH THIRD-PARTY SOFTWARE OR HARDWARE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, OR PERFORMANCE. ASSETWORKS DOES
NOT WARRANT SERVICE WILL PERFORM ERROR-FREE OR WITHOUT INTERRUPTION NOR THAT CUSTOMER DATA WILL REMAIN PRIVATE, SECURE, OR AVAILABLE; NOR THAT ANY DEFECTS CAN BE CORRECTED. #20..
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11 INDEMNIFICATION.
11.1 IP Indemnity From AssetWorks. AssetWorks will defend, at its own expense, any action commenced against Customer to the extent based on a claim that the Software supplied by AssetWorks infringes a Worldwide patent or copyright (“Claim”), and AssetWorks will pay those costs and damages finally awarded against Customer to the extent attributable to any such Claim; provided, however, such defense and payments are conditioned on: (a) AssetWorks shall be immediately notified of any Claim; (b) AssetWorks shall have sole control of any defense, negotiations, settlements, or compromises to the extent related to such Claim; and (c) AssetWorks shall have the option to either: (i) procure a non-infringing license to use the Software; (ii) modify the Software to be non-infringing; or (iii) refund to Customer a depreciated credit for the Software which Parties agree shall be five (5) years.
11.2 Exclusions. AssetWorks shall have no liability to Customer with respect to: (a) Customer’s breach of this Agreement, including without limitation its failure to cease use of the Service after AssetWorks’ direction; (b) revisions to the Software or other Service components made without AssetWorks’ written consent; (c) Customer’s failure to incorporate Software updates or upgrades that would have avoided the alleged infringement, provided AssetWorks offered such updates or upgrades without charges not otherwise required pursuant to this Agreement; (d) AssetWorks’ modification of Software in compliance with specifications provided by Customer, including without limitation Deliverables to the extent created based on such specifications; (e) any Deliverable if the Order or a disclosure provided at or before delivery states that such Deliverable incorporates third party software or other assets; or (f) use of the Service in combination with hardware or software not provided by AssetWorks.
11.3 Indemnity from Customer. Unless prohibited by Applicable Law, Customer shall indemnify and defend AssetWorks against any claims related in any way to Excluded Data or otherwise arising out of Customer’s improper utilization of the Service. 12 LIMITATION OF LIABILITY.
12.1 Aggregate Dollar Cap. CUSTOMER AGREES THAT ASSETWORKS’ CUMULATIVE LIABILTY SHALL NOT EXCEED FEES PAID DURING THE YEAR PRECEDING THE DATE ON WHICH THE LIABILITY AROSE FOR ALL CLAIMS RELATED TO SUCH ORDER.
12.2 Excluded Damages. CUSTOMER AGREES THAT ASSETWORKS SHALL NOT BE LIABLE FOR: (a) LOST PROFITS OR LOSS OF BUSINESS (WHETHER DIRECT OR INDIRECT); (b) SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF: USE, REVENUE, ACTUAL OR ANTICIPATED PROFITS OR SAVINGS, BUSINESS OPPORTUNITIES, DATA, GOODWILL, PRIVACY, REPUTATION); (c) ANY DAMAGES, LIABILITIES, OR OBLIGATIONS (HOWEVER CALCULATED OR ARISING) WHICH IN THE AGGREGATE EXCEED THE AMOUNT OF FEES PAID TO ASSETWORKS DURING THE YEAR PRECEDING THE DATE ON WHICH THE LIABILITY AROSE; OR (d) ANY CLAIMS WHICH CUSTOMER FAILS TO PRESENT TO ASSETWORKS IN WRITING WITHIN SIX (6) MONTHS AFTER EXPIRATION OR EARLIER TERMINATION OF THIS CONTRACT. THIS SECTION APPLIES: (e) TO THE BENEFIT OF ASSETWORKS’ OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, AND THIRD-PARTY CONTRACTORS, AS WELL AS: (f) TO LIABILITY
REGARDLESS THE FORM OF ACTION OR THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY,
NEGLIGENCE, OR OTHERWISE) EVEN IF ASSETWORKS IS ADVISED IN ADVANCE OF THE POSSIBILITY AND/OR SUCH DAMAGES WERE FORESEEABLE AND/OR CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
12.3 Essential. The Parties’ respective responsibilities, warranties, and limitations of liability herein form an essential basis of the Parties’ bargain. If Applicable Law limits the application of the provisions of this section (Limitation of Liability), Customer acknowledges and agrees that AssetWorks’ liability will be limited to: (a) the maximum extent permitted by law; (b) claims presented to AssetWorks principal office in writing within six (6) months of expiration or earlier termination of this Agreement; and (c) claims not waivable. 13 TERM & TERMINATION.
13.1 Term. The term of this Agreement will commence on the Effective Date and continue for the greater of: (a) the period detailed on the first page of this Agreement or the Order, or if none is specified, a default term of five (5) years; or (b) for so long as Customer continues to use the Services (the “Term”). Thereafter, the Term will renew for successive one (1) year periods upon mutual agreement absent ninety (90) days’ written non-renewal notice from Customer.
13.2 Termination for Cause. Either Party may terminate this Agreement for: (a) material breach after providing written notice and reasonable opportunity to cure of no less than sixty (60) days; (b) failure of the Service to perform substantially in accordance with the Documentation due to an AssetWorks-verified issue for which a written action plan is not delivered to Customer within sixty (60) days of written notice from Customer; and (c) the other Party’s insolvency, cessation of business, liquidation, assignment for the benefit of creditors, or any proceeding related thereto which is not dismissed within ninety (90) days.
13.3 Suspension for Nonpayment. Without limiting AssetWorks’ other rights and remedies, AssetWorks may suspend or terminate access to the Service: (a) if Customer’s account becomes delinquent and is not cured within ten (10) days of notice of nonpayment of undisputed fees; or (b) if AssetWorks reasonably concludes that Customer’s actions are not consistent with the requirements of this Agreement or may subject AssetWorks or a third party to potential liability.
13.4 Effects of Termination. Upon termination of this Agreement, Customer shall cease all use of the Service and delete, destroy, or return all copies of the Documentation and Software in its possession or control. If Customer terminates this Agreement for any #20..
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reason other than termination for cause, Customer will be obligated to pay the balance due for the remainder of the Term of the Agreement computed in accordance with the Order. Customer agrees to pay such fees and for all work performed and reasonable costs incurred up to the effective date of such termination however terminated. The following will survive termination or expiration of this Agreement: (a) any obligation of Customer to pay fees incurred before termination; (b) sections including but not limited to 1-4 (SaaS, License, & Restrictions ), 9 (Confidential Information), 10.4 (Warranty Disclaimers), 11 (Indemnification), 12 (Limitation of Liability), 14 (IPR Ownership); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose. 14 IPR OWNERSHIP; CUSTOMER DATA.
14.1 IPR Ownership. Customer and AssetWorks shall each retain ownership of and all right, title, and interest in and to their respective pre-existing IPR and any derivatives thereto. AssetWorks will not obtain any ownership rights, title, or interest to Customer’s confidential data files nor will Customer obtain any ownership rights, title, or interest to the Software, SaaS, systems, and methods developed or employed by AssetWorks (collectively referred to herein as the “Service”). Services performed, code developed, deliverables, and any IPR however arising during this Agreement (“Developments”) are not “works made for hire” nor any similar concept throughout the world, and AssetWorks is the sole owner of all right, title, and interest in such Developments. If any Developments may be considered “works made for hire” such that any IPR may accrue to Customer, then Customer hereby irrevocably assigns and agrees to assign any and all right, title, and interest thereto, whether now known or hereafter defined or discovered, to AssetWorks and Customer agrees to take such further action as AssetWorks may reasonably request to evidence such assignment. If Customer provides suggestions, enhancement requests, or ideas related to Services (“Feedback”), Customer agrees that AssetWorks has all rights to use, exploit, and incorporate such Feedback into the Services without restriction or payment.
14.2 Return of Customer Data. For up to thirty (30) days (or such greater period of time agreed to by the Parties or required by Applicable Law) following expiration or termination of the Agreement for any reason (“Customer Access Period”), AssetWorks will provide Customer with reasonable access to Customer Data in its existing format: ASCII comma, separated value (CSV format) with binary images TIFF, JPG, or PRF. Requests after this period or for other formats are subject to approval and may require additional fee.
14.3 Erasure of Customer Data. AssetWorks may permanently erase or otherwise render unrecoverable Customer Data: (a) if Customer’s account is delinquent, suspended, or terminated for sixty (60) days or more; or (b) at the end of the Customer Access Period except to the extent prohibited by applicable law.
14.4 Use of Customer Data. AssetWorks will only process Customer Data in accordance with Customer’s instructions, with adequate safeguards, and to provide, maintain, support, and enhance the Services. AssetWorks shall not: (a) access, process, or otherwise use Customer Data contrary to this Agreement; (b) give Customer Data access to any third party, except AssetWorks’ subcontractors that have a need for such access to facilitate the Service and are subject to a reasonable written agreement governing the use and security of Customer Data. Further, AssetWorks shall: (c) exercise reasonable efforts to prevent unauthorized disclosure or exposure of Customer Data; and (d) comply with all Applicable Laws that are applicable both specifically to AssetWorks and generally to data processors (if applicable) in the jurisdictions in which AssetWorks operates physical facilities. Notwithstanding anything to the contrary contained herein, AssetWorks may use, reproduce, sell, publicize, and otherwise commercially exploit De-Identified Data (as determined in its sole discretion) to the fullest extent permitted by law including without limitation aggregated with data from other customers and commercial sources. “De-Identified Data” refers to Customer Data with information that could reasonably be used to identify an individual person, household, User, or Customer is removed or otherwise rendered de-identified.
14.5 Required Disclosure of Customer Data. Notwithstanding anything to the contrary herein, AssetWorks may use and disclose Customer Data as required: (a) by Applicable Law; (b) by proper demand of legal or governmental authority; (c) to provide the Service or functionalities paid for by Customer. AssetWorks shall give Customer prompt notice of any such legal or governmental demand (unless notice is prohibited, in which case, AssetWorks shall only disclose Customer Data to the limited extent necessary to comply with such demand) and AssetWorks shall cooperate with any Customer-initiated effort to seek a protective order or otherwise to contest such demanded disclosure at Customer’s expense.
14.6 Data Accuracy; Integrity; Risk of Exposure. Notwithstanding anything to the contrary herein including any terms which Customer purports are required by applicable law, AssetWorks does not guarantee the privacy, security, authenticity, integrity, or noncorruption of any information transmitted through the internet or any mobile or wireless network or stored in any system connected thereto. AssetWorks will not be responsible for any claims, damages, costs, or losses whatsoever arising or in any way related to Customer’s connection to, use of, or storage connected to the internet or any mobile or wireless network, nor shall AssetWorks have any responsibility or liability for the accuracy of data uploaded to the Service by Customer. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Service, Customer assumes such risks and all losses. AssetWorks offers no representation, warranty, nor guarantee that Customer Data will not be exposed or disclosed through errors or the actions of third parties. AssetWorks will not be liable to Customer nor any third party for any losses related to Customer’s use of the Software/Service insofar as such may be used to store, transmit, display, disclose, or otherwise utilize information which is considered private, confidential, proprietary, or otherwise exempt from public disclosure or #20..
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subject to regulation under Applicable Law (e.g. Excluded Data).
14.7 Third Party Access. Customer acknowledges and agrees that Customer is responsible for protecting and securing all data, usernames, and passwords from unauthorized use, whether such use is by Customer or by any other person/organization to whom Customer grants access (whether directly or through AssetWorks) (“Third Party”). Customer represents and warrants that it has obtained all relevant consents from Users such as employees or relevant data subjects for this access. Customer agrees that access by the Third Party (or anyone to whom Customer provides direct or indirect access) is at Customer’s sole risk and expense. Customer further agrees to indemnify and hold AssetWorks harmless against any and all claims, losses, costs, damages, and liabilities arising out of or in any way related to such access, including but not limited to the failure to notify or obtain consent for this transfer or such access.
14.8 Customer Data Warranty Disclaimer. Customer warrants that: (a) it has not, will not, nor will it permit the transmission of Excluded Data to AssetWorks or otherwise into the Service; (b) Customer Data does not and will not include Excluded Data except to the extent necessary to make ordinary use of the Service in accordance with the Documentation; and (c) it shall inform AssetWorks of any Excluded Data promptly after discovery (without limiting AssetWorks’ rights or remedies). Customer recognizes and agrees that:
(i) the provisions of this Agreement related to Customer Data do not apply to Excluded Data; (ii) AssetWorks has no liability for any failure to provide protections required by law applicable to Excluded Data or otherwise to protect Excluded Data; and (iii) AssetWorks’ Services are not intended for management nor protection of Excluded Data and may not provide adequate or legally required security for Excluded Data. AssetWorks is not responsible nor liable for any exposure or related loss to the extent that it involves Excluded Data.
14.9 Additional Fees. Unless explicitly prohibited by Applicable Law, Customer recognizes and agrees that AssetWorks may charge additional fees (without limitation) for: (a) activities (if any) required by Applicable Laws, and (b) activities requested of AssetWorks to help Customer comply with Applicable Laws.
15 PREDICTIVE ANALYTICS; TELEMATICS CLOUD; COLLECTION AND USE OF ASSET DATA: In the course of providing the Service, AssetWorks may receive or collect spatial data relating to the vehicles, mobile objects, devices, locations, Users (whether employees, contractors, suppliers, and/or customers of Customer), including but not limited to, vehicle identification number (VIN), GPS location, vehicle speed, acceleration, driver-behavior information, vehicle diagnostics information, User ID numbers, and other usage information (“Collected Data”). If required, Customer agrees to notify its Users that a vehicle or other asset has been fitted with equipment enabled for the Service which collects and analyzes data points associated with the vehicle’s location and manner of operation. If Customer and/or User provided consent, AssetWorks may continue to receive and collect the Collected Data after the termination of the Service for purposes of facilitating Third-Party access requested by Customer. Customer agrees that, during and after termination of the Service, AssetWorks, its affiliates, and/or third-party suppliers may: (i) retain and use Collected Data to provide and improve the Service, Maintenance/Support, and Professional Services, and for conducting research and development; (ii) share Collected Data with affiliates and third-parties providing services to AssetWorks subject to obligations of confidentiality; (iii) AssetWorks may disclose Collected Data if required under applicable law, regulation, or court order; and (iv) AssetWorks may use and share with third-parties any Collected Data in aggregated or deidentified form (such that the source of the Collected Data cannot be identified) or that is publicly available without any restriction. Customer acknowledges that Collected Data may be commercially exploited by or on behalf of AssetWorks for commercial marketing purposes, subject to the permissions and restrictions set forth in this Agreement, and in AssetWorks’ then-current privacy policy (available at www.AssetWorks.com/privacy). To the extent required by applicable law, Customer agrees to provide notice to and to receive consents from its Users of: (v) the nature of the equipment and Service, (vi) AssetWorks’ collection, use, and disclosure of Collected Data (which may contain Confidential Information) from time to time, and (vii) whether and if so the extent to which such Users’ whereabouts, movements, vehicle usage, and other activities may be excluded from Collected Data or disassociated with such User. 16 THIRD-PARTY SERVICES
16.1 Third-Party Integrations. The Service may contain features which interoperate with products, applications, or services not provided by AssetWorks ("Third-Party Service"). To use such features, Customer may be required to obtain access to such Third-Party Service and grant AssetWorks access to Customer’s account on such Third-Party Service. If Customer chooses to use a Third-Party Service, Customer hereby grants AssetWorks permission to allow the Third-Party Service and its providers to access any data (including data that may constitute Confidential Information) provided to AssetWorks by or on behalf of Customer as required for the interoperation of that Third-Party Service. Customer shall provide (and shall cause the provider of the Third-Party Service to provide) AssetWorks with any reasonably required information and materials needed to integrate the Third-Party Service. Customer’s use of a Third-Party Service will be subject to the applicable terms between such Third Party and Customer. Customer recognizes and agrees that Customer Data and data regarding Customer’s use of a Third-Party Service may be shared with and/or collected by such Third Party to improve that Third-Party Service.
16.2 Third-Party Disclaimer. AssetWorks provides integrations with Third-Party Services solely as a convenience which Customer accesses at its own risk. ASSETWORKS IS NOT RESPONSIBLE FOR THE UNAVAILABILITY, ACCURACY, OR RELIABILITY OF ANY INFORMATION, #20..
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DATA, OR CONTENT FROM SUCH THIRD-PARTY SERVICES. AssetWorks is not responsible for any disclosure, modification, or deletion of such data resulting from such access by any Third-Party Service or its provider. Any acquisition by Customer of a Third-Party Service and any exchange of data thereby is solely between Customer and such Third Party. Unless agreed otherwise, AssetWorks neither warrants nor supports the Third-Party Service whether or not they are designated by AssetWorks as operable with the Service. Further, AssetWorks cannot guarantee the continued availability of and may cease to offer any features that interoperate with any Third-Party Service without entitling Customer to any refund, credit, or other compensation, if for example (without limit) the provider of a Third-Party Service ceases to make the Third-Party Service available for interoperation in a manner deemed acceptable to AssetWorks at its sole discretion.
17 API Terms
17.1 API Definitions. As used in this section, “API Information” means all information and data that is created, captured, or is otherwise accessible from the AssetWorks APIs through use of the Service. “AssetWorks APIs” or “APIs” mean AssetWorks’ current or future application program interfaces (e.g., MAXQueue Module PLUS and Integrations Module PLUS (M5))
17.2 API License. Subject to the terms and conditions of this Agreement, AssetWorks grants to Customer during the prepaid term a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable, terminable subscription-based license to access or otherwise receive information from the AssetWorks APIs and to obtain API Information. This API ‘license’ is granted solely to aid Customer’s internal provisioning of the Service to Users and for no other purpose.
17.3 Access Tokens or Security Keys. AssetWorks will give Customer and/or Users unique access token(s) or security key(s) to access the AssetWorks APIs for the purpose of accessing and receiving API Information. Customer will immediately notify AssetWorks if any User’s access tokens or security keys are used or suspected of being used by a third party. Neither Customer, its Users, nor any Third Party is authorized to provide direct access, access token(s), or security key(s) for the AssetWorks APIs.
17.4 Limitations and Restrictions. The API license granted to Customer is subject to the following limitations and restrictions:
17.4.1 AssetWorks may, in its sole discretion, (a) modify, change, update and/or enhance the AssetWorks APIs at any time (a “Modification”), provided AssetWorks gives Customer commercially reasonable notice and supports Customer’s access to the AssetWorks API in the same manner as prior to the Modification for a commercially reasonable period of time. Notwithstanding the foregoing, AssetWorks may suspend, terminate and/or revoke Customer’s access, or make a Modification without providing notice if necessary to address or prevent a security breach or to protect from the unauthorized disclosure of any API Information or other personally identifying information. In such circumstances, AssetWorks will notify Customer and use commercially reasonable efforts to ameliorate any impact from such action.
17.4.2 Customer acknowledges that, except as set forth in the API License section above, nothing in this Agreement grants or assigns to Customer (nor its Affiliates or any third party) any right, title, interest, or license of any kind, including in any patents, copyrights, trade secrets, trademarks, logos or other IPRs of AssetWorks.
17.4.3 AssetWorks may establish limits on the use of the AssetWorks APIs, including, but not limited to, the number of AssetWorks API requests initiated over a limited time period (e.g., per minute, hourly, and daily) upon advance notice to Customer and only to protect the functioning, security, and/or reliability of the API Information and/or AssetWorks APIs. AssetWorks shall make commercially reasonable efforts to maintain the availability of the AssetWorks API but does not guarantee the service level, availability, or quality of service of the AssetWorks APIs.
17.4.4 To the extent obtained by Customer pursuant to this Agreement, Customer will protect all API Information from unauthorized alteration, copying, access, storage, transmittal, or use. Customer must immediately notify AssetWorks of any unauthorized use, disclosure, or access to API Information.
17.4.5 Customer will not: (a) make derivative works of, reverse engineer, reverse compile, or disassemble the AssetWorks APIs; or (b) access or use the AssetWorks APIs in any unauthorized manner, including any way that will (i) infringe any AssetWorks’ or third party’s copyright, patent, trademark, trade secret, other property rights or rights of publicity or privacy; or (ii) violate any applicable law, statute, ordinance, or regulation.
17.5 Customer API Security. Customer will not: (a) use any robot, spider, site search or other retrieval application or device to scrape, retrieve or index services or collect, disseminate, use, store or disclose information about AssetWorks customers for any unauthorized purpose; (b) disable, override or otherwise interfere with any AssetWorks alerts, warnings, display panels, consent panels and the like; (c) disrupt, disable, harm or otherwise impede the operation of any software, firmware, hardware, wireless communications device, computer system or network; (d) enable any third party to access the AssetWorks APIs to circumvent Service controls or otherwise penetrate AssetWorks network; or (v) take any action that affects or is otherwise competitive with any AssetWorks Service. Customer is solely responsible for protecting the confidentiality of any API Information or data that it collects or uses from the AssetWorks APIs.
17.6 API Disclaimer. ALL INFORMATION, MATERIALS, SOFTWARE, TECHNOLOGY, AND SERVICES PROVIDED BY ASSETWORKS INCLUDING (WITHOUT LIMIT) THE ASSETWORKS APIs ARE PROVIDED “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS”. ASSETWORKS DOES NOT
MAKE AND EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND #20..
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WHATSOEVER INCLUDING (WITHOUT LIMIT) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, AND THE WARRANTIES OF TITLE OR NONINFRINGEMENT. CUSTOMER AND/OR ITS INTERMEDIARIES ASSUME ALL RISK AS TO THE AVAILABILITY, SUITABILITY, QUALITY, AND PERFORMANCE OF THE ASSETWORKS APIs AND API INFORMATION AND ASSETWORKS EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY RELATED THERETO. 18 MISCELLANEOUS.
18.1 Independent Contractors. Parties are independent contractors in all regards. Neither party is an agent authorized to make commitments on the other’s behalf.
18.2 Notices. Any communication or notice hereunder must be in writing and will be deemed given and effective: (i) when delivered personally with proof of receipt; (ii) when sent by e-mail provided a Party may decline to receive e-mail notice; (iii) when delivered by overnight express; or (iv) three days after the postmark date when mailed by certified or registered mail, postage prepaid, return receipt requested, in each case addressed to the Party at its address for notices stated on the Order or identified herein. Such address may be changed by a notice delivered to the other Party in accordance with the provisions of this Section.
18.3 Force Majeure. Neither party will be liable for any failure of or delay in performance of its obligations under this Agreement to the extent such failure or delay is due to acts of God, acts of a public enemy, fires, floods, power outages, wars, civil disturbances, sabotage, terrorism, accidents, insurrections, blockades, embargoes, storms, explosions, labor disputes, failure of common carriers, internet services providers, or other communication devices, acts of cyber criminals, acts of any governmental body (whether civil, military, foreign or domestic), failure or delay of third parties or governmental bodies from whom a Party is obtaining or must obtain approvals, authorizations, licenses, franchises, or permits, inability to obtain labor, materials, power, equipment, or transportation, or other circumstances beyond its reasonable control (collectively referred to herein as “Force Majeure”); however, nothing in this Section shall relieve Customer of the obligation to make payments when due. Any delays cause by Force Majeure shall not be a breach of or failure to perform this Agreement or any part thereof and the date on which the obligations hereunder are due to be fulfilled will be extended for a period equal to the time lost because of such delays. Neither Party shall be liable to the other for any liability claims, damages, or other loss caused by or resulting from Force Majeure.
18.4 Assignment & Successors. Neither Party may assign this Agreement nor any of its rights or obligations hereunder without the prior express written consent of the other Party, which approval shall not be unreasonably withheld. This Agreement will be binding upon and inure to the benefit of the Parties’ respective successors and permitted assigns. Notwithstanding the foregoing, in the event of an assignment or novation of this Agreement to an AssetWorks’ affiliate pursuant to a bone fide internal corporate reorganization, AssetWorks shall not require Customer’s prior written consent.
18.5 Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. If a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
18.6 No Waiver. Neither party will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.
18.7 Non-Solicitation. During the Term of this Agreement and for one year thereafter, Customer shall not solicit the employment nor contract for the services of any individual or entity that was an employee, agent, or subcontractor of AssetWorks during the Term of this Agreement. Nothing in this section shall prohibit Customer from placing a bona fide public advertisement for employment which is not specifically targeted at AssetWorks, nor shall Customer be restricted from hiring any such person who responds to any such general solicitation or public advertisement so long as no direct solicitation of such person has occurred.
18.8 Choice of Law & Jurisdiction: This Agreement will be governed solely by the internal laws of the State of California without reference to: (a) any conflicts of law principle; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The Parties consent to the personal and exclusive jurisdiction of the federal and state courts of California.
18.9 Construction; Conflicts. The Parties agree that the terms of this Agreement result from arms-length negotiations and its terms will not be construed in favor of or against either Party by reason of authorship. All exhibits, schedules, and documents attached hereto or incorporated herein are intended to be read and construed in harmony with each other. In the event of any conflict between any provision of this Agreement, the order of precedence set forth on page 1 of this Agreement shall control. Any Customer purchase order terms are deemed to be for Customer’s internal purposes only and are specifically rejected. Section headings are inserted only for convenience and in no way define, limit, extend, or otherwise impact the interpretation of any section or this Agreement.
18.10 Counsel. By acceptance of this Agreement, each of the Parties acknowledges and agrees that it has had an opportunity to consult #20..
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with legal counsel and that it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by the Agreement, the provisions of any federal, state, or local law, regulation, or ordinance notwithstanding.
18.11 Technology Export. Customer shall not: (a) permit any third party to access or use the Service in violation of any law or regulation; or (b) export any Software or Confidential Information provided by AssetWorks except in compliance with all applicable laws and regulations. Without limiting the generality of the foregoing, Customer shall not permit any third party to access or use the Service in, nor export the Software or Confidential Information to, a country subject to a United States embargo (e.g., the Crimea Region of Ukraine, Cuba, Iran, North Korea, Russia, and Syria).
18.12 Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to its subject matter. Neither party has relied upon any such prior or contemporaneous communications. Each of the Parties represents and warrants that the Agreement is a valid and binding obligation enforceable against it and executed by its duly authorized representative.
18.13 Electronic Execution in Counterparts. This Agreement may be executed electronically (e.g. DocuSign) and in one or more counterparts, each of which will be an original, and all which will constitute a single instrument.
18.14 Amendment. This Agreement may only be amended via written agreement signed by both Parties’ authorized representatives that explicitly states its intent to amend this Agreement. Customer PO terms are null and void. Notwithstanding the foregoing, AssetWorks may revise the Documentation at any time effective on the date posted provided such amended Documentation shall not materially reduce Customer’s rights or protections.
19 DEFINITIONS. The following capitalized terms will have the following meanings whenever used in this Agreement.
19.1 “Active Equipment Unit License” means a license for each Active Equipment Unit covered by or utilizing the Service. “Active Equipment Unit” means any vehicle, asset, or other unit on which work is performed or for which activity is reported. Customer must pay fees to cover all Active Equipment Units unless Parties agree otherwise.
19.2 “AssetWorks Contracting Party” means the specific entity identified on the Order Form and shown below:
For USA Customers: For UK & EU Customers:
AssetWorks Inc. AssetWorks Fleet Solutions Ltd. Lightbulb Analytics Limited Delaware Corporation
EIN 46-0521049
England & Wales
Company No. 15298579
England & Wales
Company No. 01843754
1001 Old Cassatt Road, Ste. 204
Berwyn, PA 19312
Brook Suite, Ground Floor, Bewley
House, Marshfield Road, Chippenham,
SN15 1JW
Egale One, 80 St Albans Road,
Watford, Herts, WD17 1DL
[email protected]
CC: [email protected]
[email protected]
CC: [email protected]
[email protected]
CC: [email protected]
19.3 “Concurrent License” means a license for an authorized user of the Software, provided that the number of simultaneous users may not exceed the number of licenses purchased. Each simultaneous login to the Software (through active browser sessions) will be deemed to constitute one Concurrent License.
19.4 “Customer Data” means any data, information, or material that Customer or Customer’s Users may disclose or submit to AssetWorks or the Service in the course of properly using the Service in accordance with the Documentation and best practices regarding minimization of personal information. Customer Data does not include Excluded Data, public information, or inferences derivable from Customer Data.
19.5 “Documentation” means the standard documentation and/or user manual (i.e. technical literature) provided or published by AssetWorks.
Company shall ensure that any copies of such documentation include the following marking:
AssetWorks Inc. reserves all rights in this document, the subject matter, illustrations, and methodologies contained therein. Any reproduction, disclosure to third parties, or utilization of its contents – in whole or in parts – is forbidden without prior written consent of AssetWorks Inc. © Copyright 2024 AssetWorks Inc. All rights reserved.
19.6 “Enterprise License” means a license for the Software that allows for an unlimited number of users and tracks an unlimited amount of assets. Pricing is based on the population of the city, town, region, fleet, college, university, department, etc. (“Population Base”) Customer utilizes in the Enterprise License to cover. Customer must promptly pay increased fees for an Enterprise License reconciliation if Customer’s Population Base increases beyond the Customer’s licensed limits for any reason, including, but not limited to, a material increase in Population Base, use of the Software to provide the Services to an additional population, or merger of Customer with any other entity that increases the population served by the Software.
19.7 “Excluded Data” means Payment Card Industry (PCI) or similar regulated financial information; protected health information (PHE) under HIPAA or similar regulated medical information of any nature; personal financial or any sensitive personal information subject to heightened #20..
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privacy and/or security requirements by law, regulation, or applicable third-party terms (e.g., government issued identification or license numbers, personal bank account numbers, passport or visa numbers, credit card numbers, social security numbers, passwords and security credentials); or any other unnecessary personal identifiers (i.e., any information capable of truncation, hashing, or greater minimization); and any other categories of data for which the Service is not suitable or the input of which is unnecessary to make ordinary use of the Service per the Documentation and Customer’s own policies and best practices in regards to Excluded Data.
19.8 “Order Effective Date” means the date: (a) an Order is countersigned by the Parties, (b) an Order is signed by Customer and/or its authorized intermediary and accepted by AssetWorks, or (c) which the Parties deemed their agreement to be effective as of.
19.9 “Software” means AssetWorks’ proprietary Software either: (a) perpetually licensed for on-premise installation in a Customer Environment, (b) perpetually licensed and hosted by AssetWorks in a Hosted Environment, (c) made available through an access-restricted website or designated IP address hosted via a third-party data center on a prepaid-subscription basis inclusive with Maintenance/Support under a software-as-a-service model (“SaaS”). “Software” includes commercially available updates, enhancements, and new versions if Customer subscribes for Maintenance/Support and may be revoked for material breach (e.g. nonpayment) to the extent permitted by Applicable Law.
19.10 “Intellectual Property Rights” or “IPR” means unpatented inventions, patent applications, patents, design rights, works of authorship, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how, ideas, concepts, algorithms, database schema, and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world with respect to all intellectual property incorporated into any Development, ORDER, or other deliverable whether or not first created, discovered, or developed by AssetWorks in providing the Services.
19.11 “Order” or “Order Form(s)” means any AssetWorks quotation, order form, statement of work, change order, or other ordering document executed by the Parties or otherwise accepted by AssetWorks, specifying the applicable Software, SaaS, Services, Hardware, fees, quantities, subscription period, scope, milestones, assumptions, and other applicable business terms. Each fully executed or accepted Order is incorporated into and becomes part of this Agreement. For clarity, an Order may supplement this Agreement with deal-specific business terms, but shall not supersede, amend, or modify any legal term of this Agreement except to the extent the Order expressly identifies the specific provision of this Agreement being amended and is signed by AssetWorks’ authorized legal or contracting representative.
19.12 “Source Code” means software in human-readable form, including all appropriate programmer’s comments, data files and structures, header and include files, macros, make files, object libraries, programming tools not commercially available, technical specifications, flowcharts and logic diagrams, schematics, annotations and documentation reasonably required or necessary to enable a competent independent third party programmer to create, operate, maintain, modify and improve such software without the help of any other person, and with data files containing Source Code in standard ASCII format readable by a text editor.
19.13 “User(s)” or means Customer’s employees, representatives, consultants, contractors, or agents who use the Service on Customer’s behalf or through Customer’s account or passwords (whether or not authorized).
19.14 “Deliverable(s)” means any copyrightable works, code developed, products, discoveries, developments, designs, work product, deliverables, improvements, inventions, processes, techniques and know-how made, conceived, reduced to practice or learned by AssetWorks (either alone or jointly with Customer or others) that arise during the Term of this Agreement or result from Professional Services performed pursuant to any Order and delivered to Customer hereunder. Deliverables are not “works made for hire”
19.15 “Law” or “Applicable Law(s)” means privacy and security laws governing AssetWorks’ handling (if any) of Customer Data and other applicable laws and regulations in force as of the Effective Date. For the avoidance of doubt, Applicable Laws do not include laws applicable to Customer or its data to the extent not described in the preceding sentence, including laws in regard to Excluded Data.
19.16 “Maintenance” means the support and maintenance services provided by AssetWorks to Customer on a pre-paid annual subscription basis (i.e. maintenance-as-a-product) inclusive with SaaS but exclusive of Hosting Services and Professional Services.
19.17 “Professional Services” means those technical or non-technical services performed or delivered by AssetWorks under this Agreement as set forth in an Order.
19.18 “SLA” means AssetWorks’ service level objectives, target availability level, and service level credit for unavailability of the Service. #20..
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ASSETWORKS CONFIDENTIAL Page 17 of 21
ORDER FORM
AssetWorks Inc.
1001 Old Cassatt Road Suite 204
Berwyn, PA 19312
Order #: Q-15493-2
Date: 07/16/2026
Expires On: 10/16/2026
Ship To
Patrick Crowley
City of Modesto
1609 8th Street
Modesto, California 95354
United States
209-342-2274
[email protected]
Bill To
City of Modesto
P.O. Box 642
Modesto, California 95353
United States
This price is issued pursuant to Equalis Contract #: COG-2123A between AssetWorks and the above-named Customer.
Pricing below is valid until 12/7/2025.
AssetWorks EAM SaaS (annual) – year 1 invoice upon delivery of URL – Year 2 prorated based on customer’s existing renewal date.
Description QTY Unit Cost Total
SaaS - Annual EAM Facilities Bundle Fee - Cities 1 USD 112,078.00 USD 112,078.00 KPI/Dashboards Module 1 Included USD 0.00
Shop Activity Module 1 Included USD 0.00
Reporting Module 1 Included USD 0.00
Crystal Reports Server OEM Edition - with 1x report writer 1 Included USD 0.00 Mapping Module 1 Included USD 0.00
Esri Integration Module 1 Included USD 0.00
AssetWorks APIs Subscription (all existing APIs excluding Telematics (e.g.
Faults, Diagnostics and GPS) and Internal Fuel Data)
1 Included USD 0.00
Capital Planning Module 1 Included USD 0.00
MobileFocus / Smart Apps, Enterprise License 1 Included USD 0.00 MAXQueue Integration Module 1 Included USD 0.00
Motor Pool Module 1 USD 0.00 USD 0.00
Customer Access Module 1 USD 0.00 USD 0.00
SaaS - FuelFocus (per ICU) 2 USD 4,600.00 USD 9,200.00
AssetWorks EAM SaaS Total: USD 121,278.00
Professional Services - Self-Hosted to SaaS Migration – (one-time fees invoice per milestone table in assumption below) Description Line Total
Database Conversion Services: MSSQL to Oracle (Fixed Fee) USD 10,560.00 FuelFocus Testing & Re-direction Services (2 ICUs; Fixed Fee) USD 960.00 One-Time SaaS Environment and Reporting Database Setup Fee (Fixed Fee) USD 11,520.00 System Migration Support Services (Fixed Fee) USD 9,600.00 Professional Services - Self-Hosted to SaaS Migration Total: USD 32,640.00 Professional Services - Onsite Training – (one-time fees invoice per milestone table in assumption below) #20..
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ASSETWORKS CONFIDENTIAL Page 18 of 21
Description Line Total
3-Day Onsite Training Services (Fixed Fee) USD 9,600.00 Estimated Travel Services (1 Trip; Billed as Incurred) USD 2,500.00 Professional Services - Onsite Training Total: USD 12,100.00 Professional Services - Remote Training – (one-time fees invoice per milestone table in assumption below) Description Line Total
Project Management & Agenda Planning Services for Remote Training (Fixed Fee)
USD 960.00
Remote Training Services (Time & Materials) USD 3,840.00 Professional Services - Remote Training Total: USD 4,800.00 Grand Total: USD 170,818.00
FleetFocus FA Relational Database Migration Services Scope and Assumptions • AssetWorks provides an RDBMS migration service to move the FleetFocus FA database from Oracle to Microsoft SQL Server or Microsoft SQL Server to Oracle. AssetWorks will perform a migration of both the nonproduction and production FleetFocus FA databases in an offline AssetWorks environment. If required to convert with the customer’s environment, the work will be done using remote teleconferencing services to control the customer’s desktop over a broadband connection; no onsite services to be utilized. Additional FleetFocus FA installations outside of a single non-production and production environment will incur an additional cost. • AssetWorks will provide this migration service for a fixed fee of $10,560 USD not including applicable taxes, which will be invoiced upon completion of the production migration. Invoices are due on existing contract terms.
The reinstallation of the FleetFocus FA application is optional and requires remote control access to the application server (as described above). If reinstallation services are needed, a change order will be necessary. • The non-production and production migrations must occur no more than 90 days apart. This service includes only a single default instance on Microsoft SQL Server (no named instances). This service does not include the installation of your RDBMS or the migration of custom work, such as, but not limited to, any custom reports or interfaces. If you would like assistance with the RDBMS installation or with migrating custom items, please contact AssetWorks Sales.
• A database conversion does not include custom database views, Crystal Reports, MAXQueue tables or migrate the data stored in the tables at the point of the conversion. Customer is recommended to follow best practices and do the following at the time of the designated migration date:
• Stop system users from entering additional data at the time of the designated migration. • Allow system administrators to review the MAXQueue error queue shown in the MAXQueue portal and confirm it is empty.
• Reprocess and/or delete (only for errors that do not need reprocessed) any errors that are in the MAXQueue portal for all interfaces and/or integrations (ex: NAPA, Zonar, Network Fleet, etc.) to ensure no data is pending and waiting to be entered into FA/EAM; this avoids any potential data loss and is the responsibility of the customer at the time of migration and customer as directed by Customer Care. • Customer is responsible for testing all business processes following the new environment installation. • These services are to be provided during normal technical support business hours. If off-hours/weekend services are needed, a change order will be necessary.
• Customer Care engagements have an 8 week lead time from execution of contract/order. • If this order is abandoned/paused by the client for any reason mid-effort, the client will be billed for the full contracted amount. If additional scope is added or required, a change order will be necessary. • Milestone - Deliver Production Converted Database (MSSQL to Oracle): $10,560 USD FuelFocus Testing & Re-direction Services and Assumptions #20..
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ASSETWORKS CONFIDENTIAL Page 19 of 21
• AssetWorks will provide assistance in the migration and re-directing of all FuelFocus ICUs for a customer transitioning to the AssetWorks hosted environment for both production and non-production. • AssetWorks will need to upgrade ICU software prior to the hosting migration which will require a minimum 60 GB flash disk.
• Testing services are estimated based on completion of re-direction and testing efforts; quote has been provided based on an assumed number of ICUs and may increase if additional are needed. • All services provided remotely via web conferencing.
• Costs are for a fixed fee project and do not include applicable taxes. Milestone(s) are to be billed upon testing and re-direction of ICUs as noted below in the milestone names, with the amounts noted below:
• Milestone – FuelFocus Testing and Re-Direction of 2 ICUs: $960 USD FleetFocus SaaS Setup and Migration Standard Professional Services Scope and Assumptions • As part of going SaaS, AssetWorks will create a non-production and production FleetFocus environment as well as a third reporting environment. AssetWorks Customer Care will work to schedule the installations and provide updates accordingly through a support ticket. Once installed, the login information to the production and nonproduction system will be provided to the customer. The reporting instance connection information will be provided as well, if elected on order form.
• Customers are required to upgrade to a supported generally available (GA) release available in the FA hosting environment. If the customer is on a supported version on premise, an upgrade is offered as part of the environment setup fees. If the customer is not a supported version on premise, a separate upgrade fee will apply to move the customer to a version that can be maintained by AssetWorks. • MobileFocus handheld devices, Capital Asset Management (CAM), KeyValet key boxes and FuelFocus ICUs are excluded from upgrade unless otherwise noted on the quote. In addition, FuelFocus ICU and KeyValet key boxes require additional testing and re-direction services and are excluded unless otherwise noted on the quote. • The AssetWorks environments run on an Oracle database and as such, all custom interfaces, custom reports, and custom reporting views must be either built in Oracle or converted to Oracle prior to moving to AssetWorks servers. If the custom work (AssetWorks or Customer built) is not built in Oracle it is excluded from this quote, unless otherwise noted on the quote. Please send a list of all currently used custom interfaces and reports that would need to be converted (if reports, send .RPT files and prompts) for review by AssetWorks development and inclusion of additional costs.
• AssetWorks will assist in the migration and re-connecting of all custom deliverables and out of the box integrations (i.e., NAPA, Telematics Cloud, FSS, etc.) for a customer transitioning to the AssetWorks hosted environment for both production and non-production. This service does not include full scale testing to the original specification but does include ensuring core connections are functioning. These services are covered under System Migration Support Services, which also includes general project administration and AW resource coordination. System Migration Support Services are presented on a fixed fee basis and will be invoiced in full after the migration to a production and non-production environment on AssetWorks’ servers are complete. • Customer is responsible for testing all business processes following migration of the non-production environment. This is expected to be completed within 30 days of installation in the hosted environment on AssetWorks' servers. All business processes should be reconfirmed following the migration of the production environment. This includes:
• Reports, reporting views, and interfaces that AssetWorks custom built for the customer. If any issues are encountered, AssetWorks Customer Care will open a ticket to investigate, troubleshoot and/or resolve. • Custom work built by customer including, but not limited to, reports, reporting views, data loads, batch processes, notifications, etc. AssetWorks cannot guarantee that any custom work built by the customer will continue to function after the migration and/or upgrade is completed. AssetWorks Customer Care can assist with initial investigation or troubleshooting but resolution is outside of the scope of the migration/upgrade process.
• Customer will make appropriate technical resources available to AssetWorks’ consultants for tasks such as delivery of the database, file directories (attachments), etc. AssetWorks assumes customer utilizes an internal system administrator to maintain all aspects of FleetFocus configuration, user training and system administrator duties as required to support any necessary testing post migration to AssetWorks servers. • Customer Care engagements have an 8-week lead time from execution of contract/order. • All services will be performed during normal business hours unless stated otherwise on the Order Form. If afterhours services are required, a change order will be necessary. • All services are presented on a fixed fee basis and will be invoiced upon completion of the environments or 60 days after the non-production migration, whichever occurs first. • Milestone – One-Time SaaS Environment and Reporting Database Setup Fee: $11,520 USD • Milestone – System Migration Support Services: $9,600 USD AssetWorks Professional Services Standard Terms
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ASSETWORKS CONFIDENTIAL Page 20 of 21
• AssetWorks will assign a Project Manager (PM) 4-6 weeks after a fully executed and processed order. The PM will engage the customer to kick off the project and begin scheduling services. The delivery schedule of the project will be set during the project planning phase.
• All services will be performed remotely using web teleconferencing, unless otherwise noted. • Training will be delivered as “train the trainer” for system administrators; end user training is not included unless otherwise noted. The max class size is ten (10) participants. • Where applicable, standard training materials will be utilized; scope does not include customized training materials unless otherwise noted.
• Current supported version of FleetFocus is required and adheres to the minimum versions as referred to in AssetWorks Product Documentation.
• Customer will make appropriate technical resources available to AssetWorks’ consultants and provide necessary and appropriate personnel at meetings to define project requirements. • Customer will appoint a single point of contact for project duration that will have project management responsibilities and decision-making authority. This person will be the focal point of contact for the AssetWorks’ Professional Services and Customer Care teams.
• Customer will be responsible for working with AssetWorks’ Professional Services to move any changes into a production environment.
• If included, travel expenses will be reimbursed as incurred, unless otherwise noted. Expenses include actual costs for lodging, air, ground travel and per diem rates for meal expenses (corporate rate/government agreement).
• In the event the customer schedules onsite services and two calendar weeks prior to the arrival date, and due to circumstances within the customer’s control, AssetWorks’ scheduled personnel are unable to perform such services, AssetWorks will be entitled to payment for each such scheduled personnel based on an eight-hour minimum day.
• Any features, specifications, tasks, services, or requirements not detailed in this SOW/quote are explicitly excluded. If additional scope is added or required, a change order will be requested of the customer. • Invoices are due on existing contract terms.
• Any professional services delivered as Time & Materials (if applicable) will be invoiced at the beginning of each month following their delivery. Professional services delivered on a Fixed Fee basis will be invoiced according to the milestone schedule outlined above (if applicable).
• All costs are quoted in USD and do not include applicable taxes. • All software licenses and first-year maintenance and/or subscription fees will be invoiced upon contract execution.
• If this order is abandoned, paused, or cancelled by the customer for any reason mid-effort, the customer will be billed for all AssetWorks time incurred at the current contracted labor rate. 3-Day Onsite Training and Consulting Services Scope and Assumptions • Order Form assumes one (1) onsite trip for a maximum of three (3) days of training and consulting services at a maximum of eight (8) hours a day.
• Time may be billed for prep work required to show specific scenarios and done after hours from in-class training time.
• Training assumes train-the-trainer approach and one (1) physical or remote location for training for all groups, to be mutually agreed upon between the Customer and AssetWorks. Customer to coordinate attendees, secure space and provide overhead projection capabilities for meetings, as necessary. • The max class size is ten (10) participants. If the size of the organization is smaller and meets this class size for sessions such as technician, supervisor and storekeeper, direct end user training will be utilized over a train the trainer approach.
• Pre-training call will be held with Customer Project Manager to discuss and finalize topics. With the AssetWorks Project Manager or trainer’s assistance, the customer is responsible for creating and distributing the agenda with desired curriculum to be covered.
• Where applicable, standard training materials will be utilized. Order Form does not include customized training materials.
• Additional consulting services before and after visit to be provided remotely via web conferencing. Minimum time charge for any remote training session is two (2) hours. • Current supported version of FleetFocus is required and adheres to the minimum versions as documented in AssetWorks Product Documentation located on the Customer Care site. • Costs are for a fixed fee project and do not include applicable taxes. Milestone(s) are to be billed as noted below in the milestone names, with the amounts noted below:
• Milestone – Completion of Onsite Training: $9,600 USD #20..
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ASSETWORKS CONFIDENTIAL Page 21 of 21
Remote Training and Consulting Scope and Assumptions
• AssetWorks will provide up to sixteen (16) hours of time and materials training and consulting services to support the customer during its upgrade; time may be billed for prep work required to show specific scenarios and done after hours from in-class training time.
• Training assumes train-the-trainer approach and a remote location for training for all groups. The max class size is ten (10) participants. If the size of the organization is smaller and meets this class size for sessions such as technician, supervisor and storekeeper, direct end user training will be utilized over a train the trainer approach. • Pre-training call will be held with Customer Project Manager to discuss and finalize topics. With the AssetWorks Project Manager or trainer’s assistance, the customer is responsible for creating and distributing the agenda with desired curriculum to be covered.
• All services will be provided remotely via web conferencing. Minimum time charge for any remote training session is two (2) hours.
• Training and consulting services are estimated for a time and materials project and do not include applicable taxes. Actual costs might be greater or lesser than those presented in this Order Form. • Project management time includes general project administration and AssetWorks resource coordination.
Project management services are presented on a fixed fee basis and will be invoiced in full on contract execution. This milestone also includes agenda planning calls with customer and initial discovery to be able to prep for the remote services. If training and consulting hours are increased, additional project management will be required on a change order.
• Milestone - Project Management and Agenda Planning Services: $960 USD #20..
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1001 Old Cassatt Road, Suite 204, Berwyn, Pennsylvania 19312 Tel: 610-687-9202/ Fax: 610-971-9447
TO:
FROM:
DATE:
RE:
City of Modesto
AssetWorks Inc.
February 12, 2026
ASSETWORKS INC. (FLEET) - SOLE SOURCE PROVIDER
_______________________________________________________________ AssetWorks Inc. is the Sole Source Provider and holds all rights to sales, distribution, implementation and development services, software licenses, maintenance, and support to the entirety of AssetWorks’ suite of software and hardware solutions including but not limited to the following:
• AssetWorks GPS™
• AssetWorks GPS with Secure Fueling
• FleetFocus™ FA, FleetFocus M5, and FleetFocus Enterprise Asset Management System (EAM) • FleetFocus™ Telematics Cloud Interface
• FuelFocus™ Fueling Management System and FuelDrive™
• CAM™ Capitalized Asset Management System
• MAXQueue™
• KeyValet™ Automated Motor Pool Management System.
• FluidFocus™ Interface
• FuelFocusEV™ Integration and AssetWorks CMS™ Charge Management Service AssetWorks Inc. a stand-alone subsidiary of Constellation Software Inc. (TSX:CSU) incorporated in Delaware and headquartered in Berwyn, Pennsylvania with Federal ID number 46-0521049.
Please feel free to contact me with any questions or concerns at:
Greg Richards, General Manager
AssetWorks Inc.
1001 Old Cassatt Rd, Suite 204
Berwyn, PA 19312
Tel: 610-687-9202/Email: [email protected] – (POC) Signature:
Greg Richards,
General Manager
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COG-2173 - Fleet Related Technology and Software Solutions Scoring Summary
Active Submissions
Contract Award Total A - Responsiveness A-1 - Signed Master Agreement Form
B - Technical
Proposal
B-1 - Supplier
Overview &
Qualifications
B-2 - Products,
Services, and
Capabilities
B-3 - Go-To-Market
Strategy
B-4 - Met Minimum
Technical
Requirements
C - Cost Proposal
C-1 - Cost Proposal
Submission
Supplier Yes/No / 100 pts / 0 pts Pass/Fail / 65 pts / 20 pts / 30 pts / 15 pts Pass/Fail / 35 pts / 35 pts AssetWorks Yes
COG-2173A 89.67 0 Pass 56.67 17.83 27.33 11.5 Pass 33 33 Advatnage Asset
Tracking Corp dba
Advantage One
Yes
COG-2173B 82.17 0 Pass 54.17 16.33 26.67 11.17 Pass 28 28 Chevin Fleet
Solutions LLC
Yes
COG-2173C 81.33 0 Pass 53.33 15.67 25.33 12.33 Pass 28 28 PreCise MRM Yes
COG-2173D 80.33 0 Pass 51.33 16 24.33 11 Pass 29 29
Concourse Tech Inc. No 76.67 0 Pass 51.67 13.33 25 13.33 Pass 25 25 Via Transportation Inc No 73 0 Pass 50 17.33 23.5 9.167 Pass 23 23 Ron Turley
Associates, LLC No 70.17 0 Pass 50.17 16 24.83 9.333 Pass 20 20 Forward Thinking
Systems, LLC No 69.83 0 Pass 47.83 14.5 24 9.333 Pass 22 22 Global Cloud Fleet No 67.17 0 Pass 45.17 12.5 23.83 8.833 Mixed 22 22 Eliminated Submissions
Contract Award A - Responsiveness A-1 - Signed Master
Agreement Form
B - Technical
Proposal
B-1 - Supplier
Overview &
Qualifications
B-2 - Products,
Services, and
Capabilities
B-3 - Go-To-Market
Strategy
B-4 - Met Minimum
Technical
Requirements
C - Cost Proposal
C-1 - Cost Proposal
Submission
Supplier Yes/No / 0 pts Pass/Fail / 65 pts / 20 pts / 30 pts / 15 pts Pass/Fail / 35 pts / 35 pts Zonar Systems No 0 Pass 43.17 14.83 19 9.333 Mixed - -
Ford Pro No 0 Pass 40.67 12 23.33 5.333 Mixed - -
American
Development Partners
LLC
No 0 Pass 31.67 6.667 16.33 8.667 Fail - -
Generated on Feb 23, 2026 2:47 PM EST - David Robbins
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DreamCatchers
Consulting LLC No 0 Pass 31.33 7 17 7.333 Fail - -
Generated on Feb 23, 2026 2:47 PM EST - David Robbins
#20..
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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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FINANCIAL INTEREST DISCLOSURE
Any contract award 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 Vendor until all person with a direct or indirect financial interest of greater than $2,000 in the Vendor are identified by name.
Vendor 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 Vendor shall identify any person with a financial interest in the Vendor 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 Vendor 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 Vendor 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 Vendor 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.
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Print Names of Persons Having a Financial Interest in Vendor 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 Vendor Signatory:
Signature of Vendor Representative:
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 22, 2026
Date: September 9, 2026
TO: Mayor and City Council
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 approving 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. (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 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 two #21..
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City Council, September 22, 2026
Agreement for Painting Services for Various Wastewater and Water Sites
(2)years 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 Bids (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, 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 IFB00092 for Painting Services on the City’s OpenGov public bidding website under various #21..
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City Council, September 22, 2026
Agreement for Painting Services for Various Wastewater and Water Sites
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. Annual increases will be calculated using the current CPI index at the time of the requested increase.
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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City Council, September 22, 2026
Agreement for Painting Services for Various Wastewater and Water Sites
ANTICIPATED AGREEMENT EXPENDITURES:
CY 1 CY 2 CY 3 CY 4 CY 5 5-YR Total
Base Request
$320,00
0 $320,00
0 $320,00
0 $338,88
0 $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 Both Water and Wastewater will be utilizing this Agreement with an estimated annual spend of $120,000 from the Water fund and $200,000 from the Sewer Operations fund.
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.
COMMITTEE RECOMMENDATION:
This item was considered by the Economic Development Committee at the meeting held on September 2, 2026, where it was recommended that it be forwarded to Council.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving 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 authorizing the City Manager, or his designee, to execute the Agreement.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement
3. Exhibit B - Bid Submittal
4. Exhibit C - IFB-00092 Painting Services
5. Exhibit D – Insurance Requirement
6. Exhibit E - Pricing
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City Council, September 22, 2026
Agreement for Painting Services for Various Wastewater and Water Sites
7. Cost Abstract
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1 2026
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-
RESOLUTION APPROVING 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 AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Water Services Division operates and maintains 102 water wells sites and 13 storage tank sites located in and around Modesto, Salida, Turlock, Grayson, Del Rio, Ceres, and Empire, and
WHEREAS, the 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, and
WHEREAS, tank sites are typically painted every five (5) to ten (10) years with an estimated annual cost of $82,000, and
WHEREAS, services could include painting tanks, control rooms, electrical cabinets, conduit, motors, water pipelines and appurtenances. All surfaces are pressure washed, paint scraped when needed, spit primed and painted, and WHEREAS, on April 2, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Painting Services, and WHEREAS, on May 19, 2026, the Purchasing Division issued Invitation for Bids IFB-00092 for Painting Services on the City’s OpenGov public bidding website under various commodity codes, and
WHEREAS, on June 30, 2026, bids were formally opened in the City Clerk’s office and three (3) chose to respond, there were no local bids received, and #21..
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2 2026
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. 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.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an 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.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement in a form approved by the City Attorney.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of September 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
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3 2026
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: ______________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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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 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. #21..
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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 Year one and two shall be as set forth in Exhibit "E", attached hereto and made a part hereof by this reference.
2. PREVAILING WAGES:
In accordance with California Labor Code Section 1771, CONTRACTOR shall pay all workers, and shall ensure its subcontractors pay all of their workers, engaged in performing the services described in Exhibit “B” not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit “B” are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code.
In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit "B" are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CITY’s Purchasing Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit “B”, including those set forth in Labor Code section 1770 et. seq. and in the IFB.
DIR Project ID#: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. Thirty (30) days written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.
6. INSURANCE REQUIREMENTS:
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit "D" to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit "D" to this AGREEMENT. The city utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance.
7. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full under the following payment terms 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
Email to: [email protected]
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4 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 B. Resolution No.2026 - ____;
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5 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; 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.
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6 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.
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 #21..
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7 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 #21..
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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. #21..
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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. #21..
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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. #21..
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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. #21..
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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. #21..
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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 #21..
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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
#21..
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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
#21..
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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. #21..
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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:
#21..
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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:
#21..
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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. #21..
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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
#21..
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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.
#21..
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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]
#21..
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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
#21..
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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. #21..
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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 #21..
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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. #21..
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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 #21..
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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
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
Further protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
c. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
All protest appeals to the City Council shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
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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 #21..
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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. #21..
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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.
By checking the "please confirm" box below, you acknowledge the above statement. #21..
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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. #21..
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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? #21..
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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. #21..
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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. #21..
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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 #21..
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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. #21..
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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. #21..
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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” #21..
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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. #21..
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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 #21..
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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 #21..
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PAINTING SERVICES
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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INVITATION FOR BIDS # IFB-00092
PAINTING SERVICES
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 #21..
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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 #21..
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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 #21..
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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
COUNCIL AGENDA REPORT
DATE OF MEETING:
September 22, 2026
Date: August 17, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Program Year 2025-2026 Consolidated Annual Performance Evaluation Report
CONTACT: Edgar Garcia, Community Development Manager
[email protected], (209) 571-5101
DESCRIPTION:
Hearing to approve the City of Modesto’s Consolidated Annual Performance Evaluation Report for Program Year 2025-2026. (Funding Sources: Various Funds) STRATEGIC PLAN ELEMENT:
The recommended action supports quality of life consistent with the City Council’s 2026- 2027 Strategic Plan Goal C: Develop and implement a comprehensive housing and homelessness action plan.
BACKGROUND:
The Department of Housing and Urban Development (HUD) requires entitlement grantees to report to both its citizens and HUD on the accomplishments and progress towards the consolidated plan goals and affirm that funds are being prioritized to benefit low-to moderate-income individuals. The consolidated plan goals are carried out through Annual Action Plans (AAP), which provide a concise summary of the actions, activities, and specific federal and non-federal resources that are being utilized each year to address the priority needs and specific goals identified in the consolidated plan.
Annually, entitlement grantees are required to report on the last AAP through a comprehensive Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER provides annual performance reporting on our Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) programs.
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City Council, September 22, 2026
Program Year 2025-2026 Consolidated Annual Performance Evaluation Report