Active SLED Opportunity · CALIFORNIA · CITY OF MODESTO
AI Summary
City of Modesto seeks licensed general contractors for HUD-funded Housing Rehabilitation Program to perform repairs and improvements on eligible homes. Bids due April 30, 2026, with mandatory pre-bid meeting April 22. Scope includes roofing, plumbing, electrical, HVAC, and code compliance work.
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California, will receive electronic sealed Bids for the following work: Housing Rehabilitation Program- 1200 S Carpenter Rd Space 40 Modesto CA 95350.
The City of Modesto Housing Rehabilitation Program provides financial assistance to eligible homeowners for the repair and improvement of their properties. Funded through federal resources, the program is designed to correct health, safety, and code deficiencies, extend the useful life of homes, and improve overall living conditions for low- to moderate-income households. The program plays a critical role in preserving Modesto’s existing housing stock, preventing deterioration, and supporting long-term neighborhood stability.
To meet increasing program demand, the City is seeking qualified and properly licensed general contractors to participate by bidding on rehabilitation projects. Contractors working with the program have the opportunity to support community revitalization, expand their scope of work, and build long-term partnerships with the City.
Typical scopes of work may include, but are not limited to: roofing, plumbing, electrical, HVAC replacement, water heater upgrades, window and door replacements, accessibility modifications, structural and code corrections, interior and exterior repairs, and other work necessary to bring homes into compliance with local and federal housing standards. Projects vary in size and complexity, offering opportunities for contractors with diverse skill sets.
Participating contractors must be able to perform work in accordance with City standards, building codes, federal program requirements, and grant-funded project guidelines. All projects require adherence to clear specifications, timely performance, and professional communication with City staff and homeowners.
The City encourages all interested contractors to apply, expand their business opportunities, and contribute to improving the quality of housing within the Modesto community.
1. HUD Funding and Section 3 Requirements
This project is funded through the U.S. Department of Housing and Urban Development (HUD). The City of Modesto strongly encourages participation from Section 3 businesses and contractors that employ Section 3 residents, consistent with HUD’s objective of expanding economic opportunities for low-income individuals and communities.
Contractors are encouraged to review Section 3 requirements and identify any eligible business classifications, subcontractors, or hiring practices that may strengthen their responsiveness to this solicitation.
2. Contractor Licensing Requirements
All bidders must hold a valid California Contractor’s License, Class “B” – General Building Contractor, at the time of bid submission and must maintain the required license in good standing for the duration of the project.
Failure to maintain proper licensure may result in disqualification or termination of the contract.
3. Insurance Requirements (PINS Approval)
All General Contractors seeking to participate in the City of Modesto Housing Rehabilitation Program must maintain insurance coverage in accordance with City standards.
Required coverage includes:
Proof of insurance must be submitted and approved through the City’s Public Improvement Notification System (PINS) prior to contract award. Contractors who do not maintain compliant insurance documentation are not eligible to receive project awards.
4. Site Verification
Bidders are strongly encouraged to attend mandatory bid walk and verify existing site conditions prior to submitting a proposal.
Submission of a bid shall constitute acknowledgment that the contractor has reviewed:
5. Engineer’s Estimate
An Engineer’s Estimate will not be released for this project. Each bidder shall independently determine pricing based on:
6. Cost Reasonableness Requirement
Bids received must be within 15% of the Housing Rehabilitation Specialist’s cost estimate, in accordance with the City Council–approved Section 6 Homeowner Rehabilitation Program Policies and Procedures, Resolution No. 2024-276, dated August 13, 2024.
The City reserves the right to reject any bid determined to be:
7. Prevailing Wage
This project is not subject to prevailing wage requirements.
Bid Submission Requirements
All Bids must be submitted electronically through the City of Modesto’s OpenGov Procurement Portal. Hard-copy submissions, emailed Bids, or submissions provided in any format other than through the designated portal will not be accepted.
Upon closing of the solicitation, the City will open, read, and record all properly submitted Bids. Bidders are strongly advised to carefully review all instructions within the portal and ensure that all required documents, forms, certifications, and attachments are fully completed and uploaded prior to the submission deadline.
Bids must be received before the stated due date and time as indicated in the solicitation. Any Bid submitted at or after the designated deadline, or submitted in a format other than that specified, cannot be considered for award. The responsibility for timely and complete submission rests solely with the Bidder.
The City of Modesto assumes no responsibility for delays associated with internet connectivity issues, file upload errors, technical difficulties, or other Bidder-related issues that may prevent timely submission. Bidders are strongly encouraged to allow sufficient time to complete the electronic submission process and verify successful upload prior to the deadline.
Failure to comply with these submission requirements may result in disqualification of the Bid.
The Parties specifically agree that approval and funding of federal financial assistance to Owner(s) from HUD is a condition precedent to any performance under this Agreement.
Building Code, Energy, and Environmental Compliance Requirements
Title 24 and California Green Building Standards Compliance
Additions and alterations that modify conditioned floor area, building volume, building envelope, space conditioning systems, water heating systems, or lighting systems shall comply with the currently adopted California Building Energy Efficiency Standards (Title 24, Part 6) and the adopted Residential Compliance Manual, including associated administrative regulations in Title 24, Part 1.
Compliance shall include all applicable provisions of current California Codes, including mandatory and applicable voluntary measures of the California Green Building Standards Code (CALGreen), Chapter 4. Refer to Chapter 3, Section 301.1.1 – Additions and Alterations.
These requirements apply only to the specific area of the addition or alteration and may include replacement of noncompliant plumbing fixtures with water-conserving plumbing fixtures.
CALGreen Requirements Potentially Applicable to the Project
Some project components may be required to comply with the following provisions:
Division 4.1 Planning and Design
Section 4.106.3 – Site grading and drainage systems shall manage surface water flow to reduce moisture intrusion and improve site drainage performance.
Division 4.3 Water Efficiency and Conservation – Section 4.303 Indoor Water Use
Plumbing fixtures shall comply with current CALGreen water efficiency standards, including:
Division 4.4 Material Conservation and Resource Efficiency
Section 4.406 – Enhanced durability and reduced maintenance materials shall be used where feasible.
Rodent proofing shall be provided by sealing openings around piping, conduit, wiring, and penetrations at exterior walls and bottom plates using cement mortar, concrete masonry, or other methods approved by the enforcing agency.
Section 4.410 Building Maintenance and Operation – At final inspection, contractor shall provide homeowner with operation and maintenance documentation including:
Division 4.5 Environmental Quality
Section 4.504 – Pollutant Control
Section 4.505 – Interior Moisture Control
Section 4.506 – Indoor Air Quality and Exhaust ventilation
Adhesives, sealants, and caulks shall comply with VOC limits established in Section 4.504.2 and Tables 4.504.1 through 4.504.3, or the ARB Architectural Suggested Control Measure, unless more restrictive local limits apply.
Composite wood products shall comply with formaldehyde emission standards as defined by the California Air Resources Board (CARB) Air Toxic Control Measure (17 CCR 93120).
Appendix A4 (Voluntary Measures, when applicable)
Division A4.2 Energy Efficiency
Section A4.204 – Performance approach for additions and alterations including:
Division A4.3 Water Efficiency and Conservation
Efficient plumbing fixtures and appliances
Division A4.4 Material Conservation and Resource Efficiency
Section A4.403 Foundation systems
Section A4.404 Efficient framing techniques
Section A4.405 Use of prefinished materials when feasible
Section 4.407 Water resistance and moisture management
Lead-Based Paint Requirements (Pre-1978 Construction)
For structures built prior to 1978, contractors shall comply with Lead-Safe Work Practices in accordance with:
Worksite preparation and occupant protection shall include containment procedures to minimize the spread of lead-contaminated dust and debris beyond the immediate work area, including pathways between the work area and exterior access points such as walkways, steps, driveways, or sidewalks.
Asbestos and Hazardous Materials Notification
Due to the absence of a complete ban on asbestos-containing materials in certain building products, renovation activities that disturb suspect materials may create minor fiber release episodes.
Thermal system insulation (TSI) and surfacing materials shall be presumed to contain asbestos unless testing confirms otherwise.
Contractors shall comply with applicable OSHA asbestos standards, including:
Occupant protection and hazard communication requirements shall be followed when materials suspected of containing asbestos may be disturbed.
Informational Notice
The above requirements are provided for informational purposes and may apply depending on the specific scope of work. Contractors are responsible for ensuring compliance with all applicable federal, state, and local regulations.
Contractor shall abide by State, County and City ordinances, policies and guidelines regarding COVID-19. Awarded Contractor shall provide a COVID-19 Health and Safety Plan that identifies health screening protocol, social distancing requirements, a mask policy and identification of alternate staff in the event a key team member gets sick.
F. Formal Bid Process: Bidders shall submit electronically through the City's OpenGov Procurement Portal prior to Thursday, April 30, 2026 4:00 pm.
This project requires bidder to have General Contractor's Class "B" License. Please submit a contractor application and upload all insurance requirements in PINS Advantage if you have not been approved previously.
Contractor agrees to do, perform and complete all of the work specifically set forth in the Work Write-up, attached hereto and by this reference incorporated herein as if fully set forth, and shall furnish all supervision, technical information, labor, materials, tools, equipment, transportation, and all services necessary to do so for a total amount of $____________.
Contractors must attend the Mandatory Bid Walk (Bid Tour) for their bid to be considered responsive. Failure to attend the mandatory bid walk may result in disqualification of the bid.
Only contractors who attend the mandatory bid walk will be considered eligible to submit a bid for this project.
Contractors who are not currently listed on the Approved Contractors List may contact the City of Modesto Community Development Department to request information on how to register and be considered for inclusion on the list.
Contractors are encouraged to complete the registration process prior to the bid walk to ensure eligibility for participation.
Contractors attending Bid Tour must follow (if any) social distancing requirements and wear appropriate COVID-19 masks.
Bid Tour is scheduled for Wednesday, April 22, 2026 11:00 am 1200 S Carpenter Rd Space 40 Modesto CA 95350.
All questions regarding the Work Write-Up shall be submitted through the Questions & Answer area of the City's OpenGov Procurement portal prior to 4:00 pm on Friday, April 24, 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.
Contractor agrees to do the work in conformity with the specifications for the work duly signed by the Parties to this agreement and retained and kept in the Community and Economic Development Department, Suite 1010 Tenth Street, Suite 3100, Modesto, California. City agrees to retain the specifications and to make them available during the City’s business hours, for the inspection and review of the Parties hereto and any other interested parties.
Any work done by the Contractor or his/her agents that is not in conformity with the plans or specifications or applicable building codes shall be immediately repaired by Contractor at his/her expense, including the cost of labor, material and supplies, prior to final payment.
The intent of this Work Write-Up/Bid Submittal, Specification, or plans (as applicable) is to prescribe the details for the performance and completion of the work, that the Contractor undertakes to perform in accordance with the terms of the Real Property Improvement Agreement, between the Owner(s) and Contractor. It is understood that only the best general practice and finest quality workmanship shall prevail.
The work to be performed shall conform to all applicable 2025 California Building Codes and ordinances, and the City of Modesto Housing Rehabilitation Specification Manual.
All measurements shown in this Work Write-Up/Bid Submittal, Specifications, or plans (as applicable) are approximate. The Contractor shall verify all measurements in the field for purposes of bidding and construction.
The last three pages of this Work Write-Up/Bid Submittal include a "COMMENT(S)" page, a "SUBCONTRACTOR'S LIST", and a blank sheet (sketches or other notes), for any comments to this Work Write-Up/Bid Submittal, and to identify the Subcontractors that will be working on this project and submitted with this Bid Submittal. Complete all bid terms individually as outlined in this Work Write-Up/Bid Submittal and should include all the following: labor and materials, overhead and profit, taxes on materials, clean up and debris removal, moving of large furniture items necessary to perform the work. Purchasing of tools and equipment is not to be charged or to be included in this Work Write-Up/Bid Submittal, unless otherwise noted.
If you are selected as the Contractor, you must be on the Approved Contractor's List maintained by this Department. The Department will verify current and active Contractor's License, and liability/worker's compensation insurance on behalf of the owner(s).
All Bid items in this Work Write-Up/Bid Submittal shall be written in "ink". Any mistakes shall be crossed out and a new bid item written next to or above. Any changes shall be initialed next to the change. The Bid Submittal shall be good for 90 days and the Contractor selected shall be prepared to commence work within 30 days after signing of the Contract, or otherwise agreed upon by all of the parties: the Owner/Contractor/Rehab Specialist. The Contractor is responsible for adding correctly items in this Bid Submittal, and shall forfeit this submittal if the 'TOTAL COST OF THIS BID SUBMITTAL' is found to be incorrect.
Upon notification of the Intent to Award, Contractor must provide their Business License, W-9 and Insurance Requirements 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 Parties intend that this Agreement, the Contractor’s Work Write-Up/Bid Submittal Cover page and Work Write-Up (herein referred to as Specifications), invoice, or other properly executed documents pertaining to the work shall operate so that any work specified or required in any one but not me mentioned in another, or vice versa, is to be performed the same as if mentioned in all said documents; provided however, that no part of the specifications conflicting with any part of this Agreement or which are not actually descriptive of the work contemplated hereunder or of the manner of its execution shall be considered as any part of this Agreement. In the event of conflict between documents so that the performance of one necessarily excludes performance of the other, the specifications shall prevail over any document other than this Agreement.
Contractor agrees to perform and complete all of the work hereunder and to provide the new materials in a good and workmanlike manner at the price specified, under the direction and to the satisfaction of Owner(s). Contractor warrants that all materials, fixtures and equipment furnished by the Contractor and his or her subcontractors shall be new and of good quality, meeting or exceeding California Building Code standards, and of good title.
Contractor also warrants that the work performed, both in workmanship and the materials or equipment installed shall fully comply with the standards set forth in the specifications on file in the City’s Community and Economic development Department. For the period of one year after the date of final acceptance of all the work required by this Agreement, Contractor shall promptly remedy any defects in the work, and shall pay for all damage to other work resulting therefrom, which may appear within a period of one year from the date of final acceptance of work, unless a longer period is specified in writing. Owner(s) will give prompt written notice to Contractor of observed defects, damages, or other departure from specifications. Owner(s) shall promptly provide a copy of said notice to City’s Community and Economic development Department Housing and Urban Development Supervisor.
Contractor shall provide Owner(s) with all manufacturers’ and suppliers’ written guarantees and warranties covering materials and equipment furnished under the Contract, included in the Building Maintenance and Operations Manual.
City of Modesto will issue a Notice to Proceed to the contractor upon receipt of recorded loan documents. The Contractor must begin work within Five Days (5) calendar days from the date of issuance of the Notice to Proceed.
Contractor agrees to substantially commence work not later than Five (5) days from the date of issuance of the Notice to Proceed. Any failure without lawful excuse to commence work within twenty (20) days after the estimated starting date is a criminal violation of the California Contractor License Law and is a misdemeanor punishable by a maximum fine of $5,000.00 and/or by imprisonment in the Stanislaus County Jail for as long as one year.
Contractor agrees that the work contemplated by this Agreement shall be completed and ready for occupancy and use not later than 120 calendar days after receipt of the order to proceed. The Parties agree that this period may be extended, by mutual agreement and with City’s concurrence, for good cause; extensions shall be in writing, shall reference this Agreement, shall be signed and dated by the Parties hereto, with a copy provided immediately to the Community and Economic Development Department by Owner(s). Contractor will not be held responsible for failure to complete said work within the specified time if delay is due to strikes, conscription of property, governmental priority regulations, Acts of God, capricious or unreasonable acts or omissions of Owner(s), or any other causes beyond his/her control, provided that a written extension of time is obtained from the Community and Economic Development Department Housing and Urban Development Supervisor of the City of Modesto. If Owner(s) or occupant has been temporarily relocated due to the extent of repairs under this Contract, then in the event that (Contractor’s) repairs extend beyond the agreed upon deadline for completing the project, Contractor shall be responsible for (Owner’s) and/or occupant’s costs for temporary lodging until completion of said repairs permits Owner and/or occupants to again occupy the premises.
Contractor agrees that the work shall be completed free from any and all liens and claims of artisans, materials, suppliers, subcontractors, laborers and any other party.
City agrees to disburse to Contractor the total sum of $ ____________ at the times and in the manner set forth below.
Payment No. | Payments to be disbursed upon total completion and inspection of the following items:
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2 | Contingency |
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Contractor payment requests will only be processed if signed by the Contractor, Homeowner, Housing Rehabilitation Specialist, and Housing Rehabilitation Specialist Supervisor. Invoices must be detailed enough to determine payment eligibility, along with accompanying documentation. All efforts will be made to reimburse qualified invoices within a 30-day time frame.
The final payment shall be made upon total completion of all items, including change order requirements, termite clearance, lead-based paint clearance, if applicable, and Certificate of Completion signed by all Parties hereto;
a. Provided, however that when each payment or installment shall become due and at the final completion of the work, Contractor shall furnish to Owner(s) a statement in writing showing that the necessary type and amount of work has been done and materials furnished so as to entitle Contractor to such payment. Payment of the final installment is conditional upon inspection and approval of the work by the Owner(s) and City of Modesto acting through its Community and Economic Development Department; provided, however that payment of installments shall not alone constitute absolute acceptance of the work to the time of installment payment; and
b. Provided, however that all retained funds then in City’ possession shall be disbursed to Contractor thirty-five (35) calendar days after a notice of completion of the work has been recorded in the official real property records of Stanislaus County or ninety-five (95) calendar days after substantial completion of the work if no completion notice is recorded. These waiting periods may be waived if Contractor furnishes to Owner(s), proof satisfactory to the City of Modesto, that Contractor has completed the work free from liens or claims of any kind whatsoever affecting Owner(s) or (Owner’s) property.
The Parties hereby acknowledge and agree that the foregoing retention provisions are intended solely for the benefit of Owner(s) and do not require City to determine or adjust any claims or disputes between claimants or to withhold any monies for the protection of any party. The failure or refusal of the City to withhold any monies from Contractor shall not in any way impair the obligations of any surety or sureties under any guaranty or other instrument securing this Agreement.
Should Owner(s), at any time during progress of the work, desire alterations or additions to, or deviations or omissions from, this agreement or the specifications, the Parties agree that Owner(s) may order the said modifications without breaching this Agreement. The Parties hereto shall make a fair and reasonable appraisal of the costs of the desired changes. The character and valuation of the desired changes shall be agreed upon (subject to City’s approval for program eligibility) and set forth in writing signed by the Parties hereto. The improvement contract price and completion date, if necessary, shall then be adjusted accordingly. The work shall be considered completed when the work has been fully performed in accordance with original specifications as amended by changes authorized by this Agreement.
The Parties agree that no duly executed change shall release or exonerate any surety or guarantor under any guaranty, bond or other security instrument given in connection of this Agreement.
Contractor hereby agrees that he/she and his/her subcontractors, if any, in the performance of the work described and designated in the specifications described above, shall comply with all federal, state and local laws, rules, regulations and industry customs which may be applicable to the work hereunder, whether now in existence of hereafter adopted, including but not limited to federal and state tax withholding and licensing and permit requirements.
The Parties acknowledge that the City of Modesto is a grantee of certain funds disbursed by HUD and is tasked with proper administration of HUD funds in the Rehabilitation Loan Program. In that regard, nothing contained in this Agreement shall be construed or considered by either party to bind the City of Modesto to any act, responsibility or obligation; and Owner and Contractor agree that City shall not be held so liable or accountable. The Parties understand that the City of Modesto may from time-to-time act as technical and/or financial advisor in its administration of HUD funds; however, the Parties further understand that the City cannot and shall not act as an attorney for any party or as supervising architect with regard to the work hereunder. The City cannot and does not assume the responsibility for mistakes or failure to perform on the part of Owner, general contractor, subcontractor or any other party involved with the work hereunder.
Owner(s) and Contractor agree to indemnify, defend and hold free and harmless the City of Modesto and its officers, employees, agents and volunteers from all liability of every kind on account of injury or damages sustained by any party by reason of any act or omission of Owner(s), Contractor, (Contractor’s) principals, employees, agents, subcontractors, and volunteers in the performance of work hereunder or by, or in consequence of, any negligence in safe-guarding the same.
The homeowner shall maintain fire insurance on the property for the duration of the program loan(s). This insurance must be adequate to cover all encumbrances on the property. The insurer must identify City of Modesto as Additional Insured for the amount of the program loans. A copy of the homeowner’s insurance policy shall be provided to City of Modesto annually.
Contractor agrees to maintain the following insurance coverages and provide evidence thereof to owner or to City upon request:
Comprehensive (General) liability-insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable. Contractor shall provide CITY with separate endorsement evidencing proof of the CITY’s additional insured status as to the general liability insurance policy. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Automotive liability-insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage. Contractor shall provide CITY with separate endorsement evidencing proof of the CITY’s additional insured status as to the automobile liability insurance policy. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Worker’s compensation coverage for (Contractor’s) employees as required by the Labor Code of the State of California.
If the work provided for should, before completion, be wholly or partially destroyed by fire, defective soil, earthquake, or act of God which Contractor could not have reasonably foreseen and provided against, then the loss so occasioned shall be sustained by the Owner(s); provided, however, that any damage or destruction to (Owner’s) real or personal property caused by Contractor or his or her agents during construction shall be repaired and/or paid for by Contractor prior to final payment.
In the event of whole or partial destruction the Owner(s) shall have the right to determine whether to complete construction. In the event, Owner(s) elects not to complete construction; the Owner(s) shall provide payment for the work performed to the date of notification to Contractor to cease construction.
Contractor acknowledges that Owner assumes no responsibility for theft, fire, malicious mischief, damage or destruction to any of (Contractor’s) materials, supplies, vehicles, or equipment on site.
Should the Contractor, at any time during the progress of the work, refuse or neglect, without fault of the owner, to supply sufficient materials or workers to complete the work hereunder within the time specified (due allowance being made for the contingencies provided for), for five (5) days or more after receipt of (Owner’s) written notice to furnish the same, Owner(s) may elect to substitute and provide the materials or laborers to finish the said work, and the reasonable expenses thereof shall be deducted from the total contract price.
Contractor hereby certifies that all paints, primers, enamels and related painting materials used in its work hereunder contain no more than 0.5% lead by weight in the total non-volatile content of liquid paint. Contractor further agrees to fully comply with requirements of 24 Code of Federal Regulations, Part 35, Subpart J – Rehabilitation (Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance) (hereafter “Part 35”), with regard to lead, if any, upon the premises.
Contractor acknowledges that the property will be occupied during construction, unless otherwise noted, and shall keep the work area and any area of the premises affected by the contractor’s activity clean and orderly during the course of the project. Also, at the completion of the project Contractor shall immediately remove from the premises all debris related to the project or contractor’s work. If the contractor fails to clean up as agreed to in this paragraph, the owner may do so, and the costs therefor shall be deducted from the contract price. The Parties agree that Contractor may use such utilities at (Owner’s) premises as are reasonable and necessary in carrying out the project unless another mutual agreement has been arranged. Salvage items requested by Owner in writing shall be disposed of as requested provided such disposition does not increase (Contractor’s) expenses.
Upon (Contractor’s) notification that the work has been completed, the entire work of improvement is subject to inspection by and approval of Owner(s) and City. However, without assuming liability therefore, Owner(s) agrees to exercise reasonable diligence to discover, during the course of the progress of the work, any materials and labor which are unsatisfactory to Owner and to promptly report such information to Contractor so that Contractor may avoid unnecessary work and cost in making good any defects.
Contractor shall not assign this Agreement to any party without the prior written consent of Owner(s). Written requests for assignment shall first be submitted to the City for approval by the Community and Economic Development Department Housing and Urban Development Supervisor.
If any dispute arises relating to the quality or quantity of materials, workmanship, or any matter pertaining to the work hereunder, Owner(s) and Contractor shall attempt to settle the dispute between themselves. If such informal resolution is unsuccessful, Owner(s) and Contractor hereby agree that the dispute will be promptly submitted to the City for resolution by an arbitration tribunal composed of three members of the City’s Housing Rehabilitation Loan Committee.
The party initiating the claim shall file with the other party and with the City’s Community and Economic Development Department Housing and Urban Development Supervisor a notice of a request for arbitration. This notice shall state the nature of the dispute, the amounts involved, and the remedy sought. The arbitration tribunal shall convene a hearing not later than twenty-one (21) working days after receipt of a written request for dispute resolution and shall notify the claimants of the time and place of the hearing at least ten (10) days in advance. The party against whom the claim is filed may file an answering statement with the claimant(s) and with the City’s Community and Economic Development Department Housing and Urban Development Supervisor not later than five (5) working days prior to the hearing. Failure to file answering papers shall not serve to postpone the scheduled hearing.
The tribunal may issue such orders for interim relief as the tribunal shall deem necessary to safeguard the property in dispute without prejudice to the rights of claimants or to the final arbitration decision in the matter.
At the hearing, which may be continued from time to time, both oral and documentary evidence shall be taken from any interested Parties, so long as such evidence is relevant and material to the pending dispute. This evidence shall be considered by the tribunal in its resolution of the dispute. Any party who fails to appear after notice as provided herein, without obtaining a postponement from the presiding member of the tribunal, is deemed to have waived all rights to introduce evidence or to object to any part of the proceedings.
The arbitration hearing may proceed in the absence of any party, who after due process, fails to appear or to properly obtain a postponement. An arbitration decision shall not be made solely on the basis of default. The tribunal shall require Parties who are present at the hearing to submit such evidence as the tribunal requires rendering a decision.
After consideration of the evidence, the tribunal shall issue its written decision in resolution of the dispute no later than ten (10) working days after termination of the hearing. Copies of the decision shall be sent to all claimants and to the Community and Economic Development Department Housing and Urban Development Supervisor.
Owner(s) and Contractor hereby agree that the tribunal’s decision shall be binding and final and that they, and each of them, shall promptly perform the necessary acts to carry out the resolution ordered by the tribunal. Each party shall bear its own costs and fees in connection with arbitration hereunder.
Formal arbitration shall commence with the filing of a request for arbitration and shall terminate upon the tribunal’s dispatch of their written decision; such a period of time shall be added to the time for completion of the work, without regard for which claimant prevails at arbitration.
Time is of the essence in the performance of this Agreement. The Parties agree that Owner(s) will suffer financial loss and personal inconvenience should the work not be substantially completed by the time fixed herein or as properly extended hereunder. The Parties agree that ascertainment of the actual damages Owner(s) might sustain by such delay is difficult and impractical; therefore, the Parties agree that Contractor shall pay the owner the sum of $65 per day for each calendar day of delay until substantial completion of the work or termination of the Agreement. The Parties expressly agree that the sum stated is intended as liquidated damages and not as a penalty.
Should legal proceedings be required to enforce the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees and other reasonable costs and expenses incurred.
Method of Giving Notice; Effective Date. Any notice required or permitted to be given pursuant to the terms of this agreement shall be in writing and shall be effective upon personal delivery or three (3) days after deposit in the United States Postal Service, postage prepaid and addressed as follows:
To Owner: __________________
To Contractor: __________________
Contractor and Owner hereby acknowledge that they have read this Agreement and further acknowledge that time has been allowed for them to consult an attorney of their choosing. Owner and Contractor acknowledge that this Agreement affects their legal rights and that they have read and understand its provisions. Owner hereby acknowledges receipt of “Notice to Owner” as mandated by Business and Professions Code Section 7018.5, explaining in non-technical language the key provisions of the mechanics’ lien law and the rights and responsibilities of owners of property and contractors under agreements like this one.
The services of a home improvement salesman or saleswoman were/were not furnished by Contractor in connection with this Agreement. The salesperson’s name is N/A and his or her registration number is N/A. It is a criminal violation of state law and a misdemeanor for any person to engage in the occupation of home improvement salesperson without proper registration under the Contractor’s License Law of California.
IN WITNESS WHEREOF, (Contractor and Owner(s) have caused this Agreement to be duly executed on the date first herein above stated.
OWNER: CONTRACTOR:
__________________________________ ______________________________________
Printed Name Printed Name
___________________________________ _______________________________________
Signature Signature
____________________________________ _______________________________________
Printed Name Business Name
_______________________________________ _______________________________________
Signature Business Address
_______________________________________ ________________________________________
Address Home Address
_______________________________________ ________________________________________
Phone Numbers (Cell and Home) Phone Numbers (Cell and Home)
_______________________________________ __________________________________________
E-Mail E-Mail
_______________________________________ ______________________________________
Date Contractor’s License No./Expiration Date
__________________________________________
Date
The Bidder is required to review the attached Work Write-Up/Bid Submittal form included below.
All Bidders must review, complete and sign all required bid forms and upload documents here. Before submitting the form(s), make sure to review the form(s) to avoid submitting duplicate forms.
Please download the below documents, complete, and upload.
Which Division within the selected City Department owns this particular contract, project, or purchase?
NOTE: Do NOT use the word "Division" in your entry as that will automatically be filled in.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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