OPEN

ON-CALL GATE PREVENTATIVE MAINTENANCE AND REPAIR SERVICES

Invitation For Bid

Public Works

12041, 28536, 33013, 93637

Project ID: INF-IFB-00094

Release Date: Monday, June 1, 2026

Due Date: Tuesday, June 16, 2026 11:00am

Posted Monday, June 1, 2026 11:45am

All dates & times in Pacific Time

Draft Response No Bid

Time Remaining: 10 days, 18 hours, 55 minutes

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

1. Instructions to Bidders

1.1. Calendar of Events

1.2. City Contact

1.3. Bidder Familiarity With Service Conditions

INF-IFB Issued: June 1, 2026

Questions Due via City's OpenGov

Procurement portal:

June 5, 2026, 5:00pm

Addendum Issued (if required): June 10, 2026

Bid Due Date & Time: June 16, 2026, 11:00am

Approximate Contract Award Date: July 2026

All questions regarding these specifications, terms, and conditions shall be submitted through the Question & Answer area of the City's OpenGov

Procurement portal prior to 5:00 pm on Friday, June 5, 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 INF-IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

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

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

1.4. California Labor Code Section 1771.1(A)

1.5. Precedence

1.6. Submittal of No Bid

specifications.

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

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

If you are not submitting a Bid, you have the option to submit "No Bid" and state the reason you are not submitting a bid for this particular INF-IFB.

2. General Bid Requirements

2.1. Proposed Pricing Format

2.2. Award of Bid

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 INF-IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs.

The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.

Upon notification of the Intent to Award, Contractor must provide their Business License (if applicable), W-9 and Insurance Requirements (if applicable) within ten (10) business days. For Contractors who currently do not have a Business License with the City of Modesto, please submit your business application and pay the applicable fees using the link provided. https://modestogov.com/2379/Business-License-Applications-and-Agreem.

Submit your signed W-9 using the City’s Vendor Registration Form. This link will be provided to the vendor(s) named in the Intent to Award letter.

Additionally, all insurance requirements should be submitted through the City’s PINS insurance portal. An email will be generated through the PINS system (pins@modestogov.com) with instructions on uploading insurance documents into the portal.

The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City

Council whether or not said award is consistent with City staff’s recommendation for award.

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

2.3. Support of Local Vendors

2.4. Indemnity

2.5. Prevailing Wage

2.6. Bidder Representation

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.

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

Bidder’s workers must be paid no less than the prevailing wage rate as published by the State of California Department of Industrial Relations (DIR), and the successful Bidder shall maintain certified payroll. For additional information regarding Prevailing Wages, please contact the DIR at www.DIR.CA.gov or call its

Labor Research and Statistics Unit, Prevailing Wage Unit at 415/703-4774. The City standards available at the following web address shall also apply to the performance of the Bid: City Standards Website: https://www.modestogov.com/ArchiveCenter/ViewFile/Item/1120.

Bidder represents that:

Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work.

Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.

Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.

Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith.

Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.

3. Pricing Schedule

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

ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE

**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.**

The payment of Prevailing Wages is required for this project.

*Direct Labor Rate cannot be less than the minimum state prevailing wage.

**Provide a copy of the current Fringe Benefit Statement. During the term of the agreement, ensure the City has a copy of the current, applicable statement on file.

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

Line Item Description Quantity Unit of Measure Unit Cost Total

1 On-Call Security Gate Repair Services During Business Hours From 7:00 am to 4:00 pm

100 Hourly

2 On-Call Security Gate Repair Services After Hours From 4:00 pm to 7:00 am

10 Hourly

3 On-Call Security Gate Repair Services Weekends- Friday 4:00 pm to Monday 7:00am

10 Hourly

4 On-Call Security Gate Repair Services Holidays 5 Hourly

5 Minimum Flat Fee for On-Call Security Gate Repair Services 1 Job

6 Bi-Annual Preventative Maintenance Inspections 10 Job

Total

C olum ns

Line Item Description Unit of Measure Percenta

1 All parts and components furnished shall be at the Contractor’s landed cost, less any earned discounts plus a fifteen percent (15%) mark-up, plus sales tax. When called for 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

Percentage C olum ns

4. Bid Submittal

1. Bidder Company Information

1.1. Bidder Company Full Legal Name*

Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.

Enter response

*Response required

1.2. Bidder Company Marketplace (or DBA) Name*

Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.

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

Enter response

*Response required

1.3. Type of Legal Entity*

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

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

Yes

No

*Response required

When equals "Yes"

1.3.1. Type of Legal Entity - Select*

Please select which of the following legal entity options under which the Bidder Company operates.

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.

Corporation

Limited Liability Company

Partnership

Sole Proprietorship

*Response required

When equals "Yes"

1.3.2. Legal Entity State of Registration*

In which State is the Bidder Company registered?

Enter response

*Response required

When equals "No"

1.3.3. Type of Legal Entity - Other*

You have indicated that the Bidder Company does not operate as a Corporation, a Limited Liability Company, a Partnership, or as a Sole Proprietorship.

Please explain and be sure to note which State the Bidder Company is registered/established.

Enter response

*Response required

1.4. Bidder Company Headquarters Address*

Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:

Full Street Address City State Country Postal Code

Enter response

*Response required

1.5. Bidder Company Website Address*

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

Enter response

*Response required

1.6. Contact Person Details*

Please provide the following information for the Contact person for this bid:

Name Title Phone (Office) Phone (Mobile) Mailing Address (Street Address, City, State, Postal Code) Fax Number Email

Enter response

*Response required

1.7. Federal Taxpayer Identification Number (TIN)*

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

Enter response

*Response required

1.8. Duns & Bradstreet (DUNS) Number

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

Enter response

1.9. Bidder Officer Names and Titles*

Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:

Full Name, Full Title Full Name, Full Title Full Name, Full Title

Enter response

*Response required

1.10. Years in Business*

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

Enter response

*Response required

1.11. Closest Bidder Office*

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

Full Street Address City State Country Postal Code

Enter response

*Response required

1.12. City of Modesto Business License*

Does the Bidder Company currently possess a valid City of Modesto Business License?

NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.

Yes

No

*Response required

When equals "Yes"

1.12.1. City of Modesto Business License Number*

You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.

Enter response

*Response required

1.13. State of California Contractor License Number*

Please provide your State of California Contractor License Number (if available).

Enter information

*Response required

1.14. Contractor License Expiration Date*

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

Enter response

*Response required

1.15. DIR Registration Number*

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

Enter information

*Response required

1.16. DIR Registration Expiration Date*

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

Enter response

*Response required

1.17. Payment Terms and Methods*

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

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

This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30 day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from InControl@mastercard.com via email and will contain the following information:

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

Option B – Manual Check:

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

Option A - ePay (Preferred)

Option B - Manual Check

*Response required

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

Yes

No

*Response required

When equals "Yes"

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

Enter response

*Response required

2. City Forms

2.1. Bidder Exceptions, Clarifications, Amendments*

Does the Bidder have any exceptions, clarifications, or amendments to this INF-IFB, sample agreement, or its associated specifications?

Yes

No

*Response required

When equals "Yes"

2.1.1. Bidder Exceptions, Clarifications, Amendments*

Please download the below documents, complete, and upload.

Bidder_Exceptions,_Clarifications,_Amendments_(2).docx

*Response required

2.2. Bidder Customer Reference*

Please download the below documents, complete, and upload.

Bidder_Customer_References.pdf

*Response required

2.3. 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"

2.3.1. Support of Local Vendors*

https://government-project.s3.us-west-2.amazonaws.com/253596/33c18f2a-a5de-494f-9e18-6c0e6bff3b86_Bidder_Exceptions%2C_Clarifications%2C_Amendments_%282%29.docx https://government-project.s3.us-west-2.amazonaws.com/144300/badfe007-efff-4452-a64a-2ad50a377485_Bidder_Customer_References.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4HSLKY26H%2F20260605%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260605T223340Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEK%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJGMEQCIAK5KMQXXuCDZvPVz2byptNR3b7J98JIUpMNNzDj6JouAiAn%2Bsgbid911pXzJeLpx0Muh8%2FpJYMg%2FNtuPZX1kDmoSiqFBQh4EAIaDDg5MjM2NDY4NzY3MiIMaOs5DF%2F1cOBQXziXKuIE468Wb9jqmjdtXlCAtbssm89HvhJ%2F8flQUZaljPiOV64IP2QOkYvhdv8R35J1jp%2Bqj%2F7oJCRHf1BuJyVxbDz8MlZCwfvyqkdBqd8cwwQBY4MvECaCNT8WXKqGGgkz8RGYgGOnovgFeONDrucBekKWKYEjCvWTX%2Bu3nvVZAKqpfpvk1ifmvuqbeEj%2Bu43EIufbVErIK%2FYTjr8ZzWeSVAVqgNgTYip7Jy5fOI48LtKFm%2BYsCIq2eZ9aykbWTVNgwWbrtye2O7QTj0sw589ZqcnG%2BJ84nbxoiPyt1ydRnweI6ZFu6m8kowl9tFG6fFeCjSvXTyfCCHnJZAcsRrrUzxv32D%2FSG3CzoUsJhuwh3KRWDFhBBPkE1FDKnG2T8aVRsiPefxSnd%2F%2F4AVdZEErdWJTSrYbwN6S5%2BsC8eL8ihc9SY1CLUX6bA5CVmZzFpwchscdkMZTWO2EGCoME8OZN11S6ZexhulHXye99YCVWdEUbzYaRedS2ye3LDj%2F8b5fu435Q1ZYMUOl0ntCjr70uKu3LJS9opZ9RSzUfZDe4nPvZE35yUKH56ixzbFDmraokXAGan475okwDeLn1Lg%2Flrr3wjxr%2F6DYQ1Bo%2BvnM08TBXLi8JuTXxdZNAGYK3vQtJnyC4gr%2FBynj%2BQW8a9VVVJFiYynMjKlgLxhTImE4SZIWI7WFXHrsMe1o6NUm%2FVMHIAVK9%2Bvn7jCNcCgThpW1lIJmjPC0OsNdb0TSrUD8ajR3907WtFk4lw9g%2Fgk1EGVkbfahPFe%2FBnBBcuuKXlf0tWfBAXQR7B68IeoZMkxqodnCBwAuTrDDgm43RBjqaAVAKukU%2B56A2xPSdxO6d8Dqr8N0%2FECARzZKgmij3%2FVU4AXnPWh3cbvmQs3Y3jWrI6eiRjdikYh1m0P%2FYzga1iy004i6pREeV69roley8LGlF84%2FRpAkOgoB6OCwCWkgBbZmnuBegF35%2Fy1tvv5yhaapZXqTWvFfbqI4ChU9Yx7wJDaPR4BA34B07Ku%2BJ3ds0zqWljaNCx1gMwxY%3D&X-Amz-Signature=6b1bc36c6f3df01064586bd6afaf2421ce46e743b3c89bad3a5334d9f5a2740f&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Bidder_Customer_References.pdf%22&x-id=GetObject

Please download the below documents, complete, and upload.

Support_of_Local_Vendors.pdf

*Response required

2.4. Bidder Company History Statement*

Please download the below documents, complete, and upload.

Bidder_Company_History_Statement.pdf

*Response required

2.5. Bidder Warranty Statements*

Please download the below documents, complete, and upload.

Bidder_Warranty_Statements.pdf

*Response required

2.6. Prevailing Wage Labor Craft and Labor Rate*

Please download the below documents, complete, and upload.

Prevailing_Wage_Form_.doc

*Response required

2.7. Subcontractors?*

Will the Bidder be using subcontractors for any purpose to perform services noted in this INF-IFB?

Yes

No

*Response required

When equals "Yes"

2.7.1. Subcontractor List*

Please download the below documents, complete, and upload.

Subcontractor_List_IFB.pdf

*Response required

2.8. Bidder Experience and Certifications*

Please download the below documents, complete, and upload.

Bidder_Experience_and_Certifications.docx

*Response required

3. Additional Bid Information

3.1. Additional Information (if needed)

For any additional information requested or required by any of your previously provided answers or as stated within this INF-IFB please upload the additional documentation here.

3.2. 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.

*Response required

Please confirm

5. Technical Specifications and Requirements

5.1. Scope of Work

The City of Modesto is requesting quotations for automated and/or manual on-call security gate preventative maintenance and repair services for various locations throughout the City of Modesto on an as needed basis.

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Preventative maintenance and repair services shall include at a minimum the following items: rollers, guides, tracks, weather-stripping, springs, cables, electric eyes, sprockets, chain guides, belts, motors, keypads, wireless remote operators, electrical switches, ground loops, and all other associated components. These services should also include manufacturers’ recommended services.

The Contractor shall provide, at a minimum, bi-annual preventative maintenance inspections for the operation and repair of sliding gates, and automatic openers identified in this quotation, or manufacturers' recommended frequency.

Contractor will provide the following services:

A. On-call repair of the City's various security gates when requested by the City.

B. Contractor shall respond to emergency calls within twenty (20) minutes and on-site within two (2) hours, including weekends and holidays, unless otherwise negotiated.

C. Contractor shall respond to non-emergency calls within one (1) hour on-site within four (4) hours.

D. Contractor shall have and maintain a thorough knowledge of commercial gate systems, electric operators, and rolling/swing gates.

E. If a condition is found that requires a major repair or part replacement, it shall be brought to the attention of the City's Project Manager for authorization to repair at that time, no major repair shall be completed without prior authorization from the City’s Project Manager.

F. The Contractor will be required to provide full-service coverage including labor, parts, and materials to keep the gates, and their components operating in a safe and efficient manner as per manufacturers specifications.

G. The Contractor shall not be responsible for the high voltage electrical from the point of connection at the operator/unit, or to the motor if not part of the unit, and back to the electrical panel.

H. Bi-Annual Maintenance:

a. The Contractor shall provide maintenance and inspections to each location twice a year, which shall be conducted in the months of March/April and September/October.

b. A tentative schedule of the maintenance and inspections shall be provided to the City's Project Manager. The Contractor shall inform the City's

Project Manager if the schedule changes.

c. The maintenance and inspections shall include at a minimum, in addition to the manufacturers' recommended preventative maintenance, the following:

i. Verify proper operation of all components including, all electric switches, motors, safety edges, and wireless remote operators, mechanical components, sprockets, chains, and shafts.

ii. Check for weathering, deterioration, and damage.

iii. Check guides, rails, and rollers for damage.

iv. Tighten nuts and bolts on all components.

v. Check seals.

vi. Check the condition of all hardware and locks; lubricate as necessary.

vii. Check the condition of all tracks, guides, and rollers; lubricate as necessary.

viii. Check for frayed or kinked cables.

ix. Check safety devices for proper operations.

x. Check operation of keypads and remote operators.

xi. Check condition and operation of chain and sprockets; lubricate as necessary.

xii. Cycle doors and/or gates to ensure proper operation.

xiii. Check chain/drive mechanism for adjustment and adjustment as needed.

xiv. Clean chain/drive mechanism thoroughly with degreaser removing all dirt and grime buildup.

xv. Lubricate chain and check alignment.

xvi. Check and adjust clutch as needed.

xvii. Check and clean all sprockets and check set screw tightness.

xviii. Check and operate the manual disconnect and open the gate fully manually.

xix. Check tightness of all frame bolts.

I. A detailed report shall be submitted to the Project Manager, along with the invoice, within five (5) days of completion. The report should include the following minimum information:

i. Facility name and address.

ii. Gate manufactory type, size, model, and serial number.

iii. Operator manufacturer, type, size, model, and serial number.

iv. Overall condition of gate, and components.

v. Pictures of any damaged or deteriorating areas.

vi. Recommended repairs with quote.

5.2. Required Licenses

5.3. Term of Agreement

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 BusinessLicense@modestogov.com. The successful Bidder shall maintain a City of Modesto business license for the duration of the 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 (2) years of any agreement which may be awarded pursuant to this INF-IFB.

B. Price increases for subsequent agreement years three (3), four (4), and five (5), shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one 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.

6. Sample Annual Agreement - Services

6.1. 1. The Work

6.2. 2. Prevailing Wages

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 CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “A” and made a part hereof, and

WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ______ SERVICES as described in INF-IFB ____-____, attached hereto as Exhibit “B” and made a part hereof (hereinafter called INF-IFB).

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

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 "A".

AGREEMENT PRICING

[TBD - Insert Pricing Table Here]

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 mailto:BusinessLicense@modestogov.com https://www.eia.gov/PETROLEUM/GASDIESEL/

6.3. 3. City Representative

6.4. 4. Contractor Contact

6.5. 6. Insurance Requirements

6.6. 7. Payment 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 INF-IFB.

DIR Project ID#: _____________

CITY Representative is: ___________

Purchasing Representative: __________

The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the

AGREEMENT, issued by the City of Modesto, Purchasing Division.

CITY Representative is: ___________

Purchasing Representative: __________

The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the

AGREEMENT, issued by the City of Modesto, Purchasing Division.

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

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 INF-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: APvendors@modestogov.com

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 mailto:APvendors@modestogov.com

6.7. 8. Indemnity

6.8. 9. Venue & Governing Law

6.9. 10. Attorney's Fees

6.10. 11. Commencement and Completion of the Work

6.11. 12. Termination of Services

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.

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.

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.

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. INF-IFB No. INF-IFB-00094

e. Contractor’s City of Modesto business license

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

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

Post-Termination Procedure

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

a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;

b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;

c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered;

d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;

6.12. 13. Compliance With Laws

6.13. 14. Failure to Perform Satisfactory Work

6.14. 15. Assignment of Rights

6.15. 16. City Process/Procedure Approvals

6.16. 17. DIR Registration

e. Settle outstanding liabilities and claims, subject to the approval of CITY;

f. Complete performance of such part of the SERVICES as has not been terminated;

g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;

h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.

i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of

CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

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

j. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials;

k. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the

CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

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.

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.

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…