estimated amount of $200,000 and a total amount not to exceed $1,000,000 over five years; and authorizing the City Manager or his designee to execute the Agreements.
Approved by: _____ DeAnna Christensen, Director of Finance Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Agreement - CenCal Auto and Truck Parts
3. Exhibit B 032521-GPC – Napa
4. Exhibit C 032521-GPC - CenCal Napa Pricing Information
5. Scoring Abstract – CenCal
6. Agreement#276495 Rush Truck Center – Parts
7. Agreement#276986 Rush Truck Center – Service
8. Exhibit B Rush Enterprises Response
9. Exhibit C -Rush Parts
10. Exhibit C -Rush Service
11. Scoring Abstract – Rush Truck Center
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= e
General Liability
Manual Entry
Automobile Liability
Manual Entry
Excess — Workers Compensation
Manual Entry
e
—
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 24, 2025
Date: February 26, 2025
TO: Finance Committee:
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: First Amendment On-Call Mechanical and Refrigeration Services CONTACT: Gabe DaSilva, Facilities Manager, [email protected], 209-342-2281 DESCRIPTION:
Consider the First Amendment with Champion Industrial Contractors, Inc. Modesto, CA for OnCall Mechanical and Refrigeration Services, increasing the Agreement amount by $420,000 to a new total of $1,210,505 and forwarding to Council for approval. (Funding Source: General Fund, Utility Funds, and Building Maintenance Fund)
STRATEGIC PLAN ELEMENT:
This action supports the 2020-2025 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 City has a need for On-Call Mechanical and Refrigeration Services at city properties on an “as needed” basis. Utilities, Parks, Police and Fire Departments, as well as Building Services, use on-call mechanical and refrigeration services. This citywide contract is for mechanical and refrigeration repairs, addressing issues that arise from city-related construction and maintenance events. In the event of system failure, On-Call services will be available for emergency service calls.
On May 4, 2021, the Purchasing Division issued Request for Bid (RFB) No.1920-68 for On-Call Mechanical and Refrigeration Services under multiple category codes1. Prospective bidders 1Commodity Codes: 91000- Building Maintenance, Installation and Repair Services 91036- Heating, Air Conditioning and Ventilation Maintenance and Repair Services (including installation) 91450- Heating, Ventilating and Air Conditioning (Hvac) 93667- Refrigeration Equipment Maintenance and Repair 96702- Air Conditioning, Heating and Ventilating Equipment (Hvac) Manufacturing Services #7..
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First Amendment to On-Call Mechanical
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were notified online and via email of the bid opportunity. Thirteen companies chose to download the RFB document.
On June 8, 2021, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream2. Two vendors responded with formal bids. One of which is a local vendor.
Based on providing the overall lowest responsive and responsible bid, staff recommended the award of bid to Champion Industrial Contractors Inc., Modesto, CA.
On September 7, 2021, by Resolution No. 2021-339, Council authorized the award of bid and service agreement for On-Call Mechanical and Refrigeration Services to Champion Industrial Contractors, Inc., for a two-year agreement with three one-year extension options, for an annual cost not to exceed $158,101 and a total amount not to exceed $790,505 over five years.
DISCUSSION:
With aging infrastructure and challenges of deferred maintenance throughout City facilities, there has been an increase of the use for On-Call Mechanical and Refrigeration Services. A fair amount of these unanticipated mechanical services were the result of aging heating, ventilation, and air conditioning (HVAC) units. Due to the geographic location of equipment, code mandated maintenance, and occupant needs, these systems need to receive regularly scheduled maintenance; some more frequently than others based upon occupant needs and seasonal requirements.
Various City departments including Parks, Recreation and Neighborhoods, Public Works, Utilities, Modesto Police Department and Modesto Fire including Oakdale Fire3 have HVAC, and refrigeration (ice machines) systems (HVAC/R) that are aging and require routine maintenance and unplanned repairs. The need to have a maintenance agreement for the HVAC/R units will extend the life of the equipment/systems, minimize equipment failures, and maximize the system’s operations (heating, cooling, and ice making). This work is necessary to maintain a safe and healthy working environment for City staff, customers, and citizens.
City staff is currently working with the results of the Facility Condition Assessment which will allow the City to plan for the deferred maintenance priorities needed to address aging infrastructure. Required maintenance/repair services will greatly improve our ability to avoid unexpected maintenance services. Staff recommends the First Amendment to the Agreement for On-Call Mechanical and Refrigeration Services increasing the annual costs from $158,101 to $242,101 in anticipation of increasing need for future required services.
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 good or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects 2 Staff implemented a virtual bid opening process in an effort to slow the spread of COVID-19. 3 The City of Modesto provides the City of Oakdale fire coverage through the Modesto Fire Department. Under this MOU, the maintenance services for the Oakdale stations are included in the Agreement as Modesto personnel are staffing these facilities.
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Finance Committee, March 24, 2025
First Amendment to On-Call Mechanical
and Refrigeration Services
or services.” The City has determined that an increase in Agreement funding is required to ensure adequate funding allowance in years four and five to cover the increased demand for services.
FISCAL IMPACT:
Sufficient funds are budgeted in Fiscal Year (FY) 2024-25 to cover the cost for this amendment.
Below is the past three-year spending history. The proposed increase of $420,000 is due in part to work caused by unexpected increases in maintenance needs and will be funded through the current FY 2024-25 budget and allocated among the various divisions as identified in the Original Agreement.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the First Amendment with Champion Industrial Contractors, Inc.
Modesto, CA for the On-Call Mechanical and Refrigeration Services, increasing the Agreement amount by $420,000 to a new total amount of $1,210,505 over five years; and forwarding to Council for approval.
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Champion Industrial – First Amendment
2. Champion Industrial – Original Agreement
Period Amount
Year 1 $73,019
Year 2 $212,722
Year 3 $218,496
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FIRST AMENDMENT TO AGREEMENT
WITH CHAMPION INDUSTRIAL CONTRACTORS INC. FOR ON-CALL
MECHANICAL AND REFRIGERATION SERVICES
This First Amendment to the Agreement for On-Call Mechanical And Refrigeration Services (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California (hereinafter the “CITY”) and Champion Industrial Contractors, Inc., a California corporation (hereinafter “CONTRACTOR”) as of ________________, 2025 (the “Effective Date”).
RECITALS
This First Amendment is made with regard to the following recitals:
WHEREAS, CITY and CONTRACTOR previously entered into an Agreement for On-Call Mechanical And Refrigeration Services on the 7th day of September 2021 (the “Original Agreement”).
WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement to increase the compensation paid for services amount by $420,000 for a revised total amount not to exceed $1,210,505, and
NOW, THEREFORE, in consideration of this Amendment, and the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment, the parties agree as follows:
1. Section 1 “Scope of Work”, subsection “f”, paragraph 1, of the Original Agreement shall be deleted in its entirety and replaced with the following:
“CONTRACTOR shall furnish said services at the following contracted rates, for an annual estimated amount of $242,101 for a total amount not to exceed $1,210,505 over five (5) years.”
2. Except as modified and amended by this First Amendment, all other #7..
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provisions of the Original 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 City Manager and attestation by its City Clerk under the authority of Resolution No. 2025-________ on the ___________ day of ______________, 2025, and Champion Industrial Contractors Inc. has caused this First Amendment to be duly executed as of the Effective Date. #7..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 24, 2025
Date: March 3, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: City of Modesto Sewer System Management Plan Update CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider an update to the City of Modesto Sewer System Management Plan and forwarding to Council for approval. (Funding Source: Sewer Operations Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto 2020-2025 Strategic Plan Initiatives, Goal D: Provide safe. Efficient and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City’s sanitary sewer system is regulated by the State Water Resources Control Board (SWRCB). On May 2, 2006, the SWRCB adopted Order No. 2006-0003-DWQ, Statewide General Waste Discharge Requirements (WDR) for Sanitary Sewer Systems. On December 6, 2022, the SWRCB adopted a revised WDR Order No. WQ 2022-0103-DWQ1. The revised WDR became effective on June 5, 2023.
The WDR governs the operations and maintenance of wastewater collection systems and requires agencies to develop, implement, and periodically update a system-specific Sewer System Management Plan (SSMP). The SSMP is a guiding document for the proper management, operation, and maintenance of all parts of the sanitary sewer system. The goal of the WDR and the SSMP is to reduce and prevent Sanitary Sewer Spills (SSS), and to mitigate the effects of any SSS’s that do occur. Adherence to the SSMP aids staff in achieving the City’s goal of reducing SSS’s and ensures continued compliance with all State and Federal 1 State Water Resources Control Board Order No. 2022-0103-DWQ can be found at:
https://www.waterboards.ca.gov/board_decisions/adopted_orders/water_quality/2022/wqo_2022-0103-dwq.pdf #8..
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Finance Committee, March 24, 2025
City of Modesto Sewer System Management Plan Update
regulations. The SSMP must be approved by the “Enrollees” governing board (Modesto City Council) at a public meeting.
On July 24, 2007, by Resolution No. 2017-357, Council approved the development of the SSMP.
On April 7, 2009, by Resolution No. 2009-150, Council certified and approved the completed SSMP.
Since that time, audits and updates to the SSMP have been approved according to the required review and update schedule. Staff has conducted internal audits of the SSMP in November 2013, October 2014, October/November 2016, August 2017, February 2019, February 2021, and February 2024. Council has previously approved SSMP updates in 2012, 2015, 2017, and 20222.
DISCUSSION:
The revised WDR requires staff to perform audits on the SSMP a minimum of every three (3) years and complete updates to the SSMP every six (6) years, or when significant changes are made to operations. Other significant changes to the previous order include:
Expanding sewer spill definitions to include a prohibition on “Waters of the State”, including groundwater,
Adding a new spill category; Category 4 – Spills under 50 gals, Requirements to assess risks associated with climate change, Requirements to provide list Capital Improvement Project (CIP) funding sources and expected completion dates,
Requires adequate funding to ensure compliance with WDR, Requires pro-active management of the sewer system, and Requires preplanning and coordination with other agencies.
The most recent audit report and findings are included in Section 10 of the SSMP Update 2024 (Attachment 1). The findings include, but are not limited to the following:
Major SSMP audit findings:
Updated org chart with names and phone numbers of staff responsible for SSMP SSMP update schedule is needed (new requirement)
Plan to identify system assets vulnerable to the impacts of climate change is needed (new requirement)
Funding sources and estimated completion dates need to be added to CIP project list (new requirement)
Updates to the SSO Trends in SSMP Element 9, Monitoring, measurement, and plan modifications (2019 and 2021 Audits)
The SSMP has been updated to address all audit findings. The revised WDR requires the current audit and subsequent update be approved by the City’s governing body, Modesto City Council, at a public meeting to incorporate the necessary changes prior to the update schedule deadline.
2 On February 7, 2012, by Resolution No. 2012-49; on March 3, 2015, by Resolution No. 2015-72; on September 5, 2017, by Resolution No. 2017-357; on July 12, 2022, by Resolution No. 2022-320. #8..
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Finance Committee, March 24, 2025
City of Modesto Sewer System Management Plan Update
If the City failed to approve and/or update the SSMP, it would be in violation of Order No. WQ 2022-0103-DWQ Statewide General Waste Discharge Requirements and the City would be subject to penalties up to $10,000 a day.
FISCAL IMPACT:
There are no costs associated with the approval of the updated SSMP. However, there are costs associated with the implementation of various elements of the SSMP. These implementation costs are reflected in the Utilities Department, Wastewater Collections annual budget: 4210-44211-Various.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the updates to the City of Modesto Sewer System Management Plan; and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. City of Modesto Sewer System Management Plan 2024
2. City of Modesto Spill Emergency Response Plan
3. City of Modesto Standard Operating Procedures C-10 – Sanitary Sewer Spills #8..
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City of Modesto
Utilities Department
Sewer System Management Plan
SSMP)
Updated December 2024
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ELEMENT 1 –
GOAL AND INTRODUCTION
DATE ISSUED: 4-6-2009
DATE REVISED: 10-02-2014
5-13-2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
1. SEWER SYSTEM MANAGEMENT PLAN GOAL AND INTRODUCTION
SEWER SYSTEM MANAGEMENT PLAN GOAL
The goal of the SSMP is to provide the City of Modesto with a plan and schedule to properly manage, operate, and maintain all parts of the wastewater collections system.
It is the goal of the Wastewater Collection Division to:
• Promote a safe working environment
• Reduce and prevent both dry and wet weather sanitary sewer overflows (SSOs) • Contain and mitigate the impact of SSOs that do occur • Fully comply with all State and Federal regulatory requirements • Provide excellent customer service
• Provide adequate capacity to convey peak flows
• Manage and operate the wastewater collection system using the best management practices available
• Use available funds in the most efficient manner possible
SEWER SYSTEM MANAGEMENT PLAN INTRODUCTION
1.1.Regulatory Context
On December 6, 2022, the State Water Board adopted Order No. 2022-0103-DWQ.
This General Order regulates sanitary sewer systems designed to convey sewage. For the purpose of this Order, a sanitary sewer system includes, but is not limited to, pipes, valves, pump stations, manholes, siphons, wet wells, diversion structures and/or other pertinent infrastructure, upstream of a wastewater treatment plant headworks. A sanitary sewer system includes:
• Laterals owned and/or operated by the Enrollee;
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.
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Sewage is untreated or partially treated domestic, municipal, commercial and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in a sanitary sewer system.
Sewage contains high levels of suspended solids, non-digested organic waste, pathogenic bacteria, viruses, toxic pollutants, nutrients, oxygen-demanding organic compounds, oils, grease, pharmaceuticals, and other harmful pollutants.
For the purpose of this General Order, a spill is a discharge of sewage from any portion of a sanitary sewer system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure. Sewage and its associated wastewater spilled from a sanitary sewer system may threaten public health, beneficial uses of waters of the State, and the environment.
This General Order serves as statewide waste discharge requirements and supersedes the previous State Water Resources Control Board (State Water Board) Order 2006- 0003-DWQ and amendments thereafter. All sections and attachments of this General Order are enforceable by the State Water Board and Regional Water Quality Control Boards (Regional Water Boards). Through this General Order, the State Water Board requires an Enrollee to:
• Comply with federal and state prohibitions of discharge of sewage to waters of the State, including federal waters of the United States;
• Comply with specifications, and notification, monitoring, reporting and recordkeeping requirements in this General Order that implement the federal Clean Water Act, the California Water Code (Water Code), water quality control plans (including Regional Water Board Basin Plans) and policies; • Proactively operate and maintain resilient sanitary sewer systems to prevent spills; • Eliminate discharges of sewage to waters of the State through effective implementation of a Sewer System Management Plan (SSMP); • Monitor, track, and analyze spills for ongoing system-specific performance improvements; and
• Report noncompliance with this General Order per reporting requirement An Enrollee is a public, private, or other non-governmental entity that has obtained approval for regulatory coverage under this General Order, including:
• A state agency, municipality, special district, or other public entity that owns and/or operates one or more sanitary sewer systems:
o greater than one (1) mile in length (each individual sanitary sewer system); o one (1) mile or less in length where the State Water Board or a Regional Water Board requires regulatory coverage under this Order; or • A federal agency, private company, or other non-governmental entity that owns and/or operates a sanitary sewer system of any size where the State Water Board or a Regional Water Board requires regulatory coverage under this Order in #8..
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response to a history of spills, proximity to surface water, or other factors supporting regulatory coverage.
For the purpose of the Order, a sanitary sewer system includes only systems owned and/or operated by the Enrollee.
The effective implementation of the City’s SSMP is necessary to eliminate the discharge of sewage and fully comply with the General Order. The purpose of the SSMP is to facilitate proper funding and management of the sanitary sewer system.
The City of Modesto SSMP includes provisions to provide proper and efficient management, operation, and maintenance of the sanitary sewer system, while taking into consideration risk management and cost benefit analysis.
The City of Modesto SSMP addresses each of the (per current order 2022-0103) 11 elements summarized below:
1. Goals and Introduction
2. Organization
3. Legal Authority
4. Operation and Maintenance Program
5. Design and Performance Provisions
6. Spill Emergency Response Plan
7. Sewer Pipe Blockage Control Program
8. System Evaluation, Capacity Assurance, and Capital Improvements
9. Monitoring, Management and Program Modifications
10.Internal Audits
11.Communication Program
1.2.SSMP Implementation and Update Schedule
City of Modesto (Original)
SSMP Element Implementation
Required
Completion
Date
Date
Completed
SSMP Development Plan and
Schedule
Aug 2, 2007 July 26, 2007
Goals and Org Structure Nov 2, 2007 Nov 1, 2007
Overflow Emergency Response
Program
Nov 2, 2008 Nov 1, 2007
Legal Authority Nov 2, 2008 Nov 3, 2008
Operation and Maintenance Program Nov 2. 2008 Nov 3, 2008 Grease Control Program Nov 2, 2008 Nov 3, 2008
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Design and Performance May 2, 2009 Nov 3, 2008
System Evaluation and Capacity
Assurance Plan
May 2, 2009 Apr 7, 2009
Final SSMP (all elements) May 2, 2009 Apr 7, 2009
SSMP Schedule Due Date Completed Date
Original Audit May 2, 2011 Mar 15, 2011
Plan Audit May 2, 2013 Nov 9, 2011
Plan Update May 2, 2014 Dec 13, 2011
Plan Audit May 2, 2015 Oct 2, 2014
Plan Update (extra) Mar 3, 2015
Plan Audit May 2, 2017 Nov 28, 2016
Plan Update (extra) Sep 5, 2017
Plan Audit May 2, 2019 Feb 12, 2019
Plan Update May 2, 2019 Sep 5, 2017
Plan Audit May 2, 2021 Feb 23, 2021
Plan Update (extra) July 12, 2022
Plan Audit May 2, 2024 May 2, 2024
Plan Update May 2, 2025
Plan Audit May 2, 2027
Plan Audit May 2, 2030
Plan Update May 2, 2031
1.3.Sewer System Asset Overview
• The City of Modesto wastewater collection system serves the City of Modesto, the Beard Industrial Area, and the unincorporated area of Empire, all located within Stanislaus County.
• The City of Modesto collection system service area includes incorporated and unincorporated areas bound by the City’s Sphere of Influence as shown on the map below.
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• As noted above, the City’s collection system serves the City of Modesto (including some unincorporated areas), the Beard Industrial area, and the unincorporated area of Empire. The population of this area is XXX,XXX. • The City of Modesto wastewater collection system is comprised of the following operational assets:
o Force Mains = 6.9 miles
o Gravity sewer mains = 642.0 miles (including siphons) o Total sewer length = 648.9 miles
o Number of pump stations = 42
o Number of siphons = 7 (est.)
• The City of Modesto sewer collection system has historical included a number of storm drain cross-connections. The City has been working to remove these and improve storm drainage in those areas. See Cross-connection map below. #8..
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• The City of Modesto’s Computerized Maintenance Management System (CMMS) is provided by Central Square Asset Management (formally Lucity). The city’s CMMS houses all maintenance and repair activities preformed on the City’s sewer and storm systems. The City’s CMMS is fully integrated with the City’s GIS system. The City uses a GPS receiver to collect new and changing asset information to keep the sewer maps up to date.
• The City of Modesto owns and operates the wastewater collection system but does not own or operate either upper or lower lateral. This is included in the City’s Municipal Code section 5-6.309(b) which states:
“Each user shall be responsible for the construction, maintenance and repair of his or her house sewer line. Each user shall be liable for damages which may result to the sewage system from his or her failure to keep his or her house sewer line in good order. A City inspector shall be admitted at all reasonable hours to all parts of any premises connected with the sewage system for purposes of checking the house sewer line and all fixtures and facilities connected thereto.” • The City of Modesto has approximately 65,235 service connections. • The City of Modesto has several unique challenges within the City’s service area.
o The soil conditions within the City of Modesto service area is mostly sandy. Because of this, excavations that are over 12’ in depth require difficult shoring and can still undermine neighboring utilities and #8..
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structures. The City of Modesto addresses this issue by limiting local sewers to less than 12’ in depth.
o Due in part to the sandy soil conditions, large portions of the city’s storm drainage system rely on “Rockwells” or French drains. Rockwells require more maintenance than a typical storm system and can become saturated after several days of rain, which can put additional strain on the sewer system.
o Due in part to the depth restrictions, and the flat topography, the City has a larger than normal number of lift stations.
o The elevation changes surrounding both the Tuolumne River and Dry Creek present unique engineering challenges for sewer crossings. In many locations there is a 40’ change in elevation between the surrounding surface area and the bottom of Dry Creek or the Tuolumne River.
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II ORGANIZATION
DATE ISSUED: 4-6-2009
DATE REVISED: 12-30-2014, 10-25-2016,
8-3-2017, 2-12-2019, 1-7-2021, 6-24-2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The WDR requires that the SSMP identify the organizational structure responsible for implementing the SSMP elements.
a) The SSMP must indicate the name of the Legally Responsible Official (LRO) as required in section
5.1 (designation of a Legally Responsible Official) of the general order.
Legally Responsible Official: Robert Englent, Wastewater Collections Superintendent Robert Englent has over 29 years of experience operating, maintaining, and managing wastewater collection systems. Robert possesses the following certifications:
• CWEA Collection System Maintenance Grade IV
• CWEA Mechanical Maintenance Grade II
• NASSCO Pipeline Assessment Certification Program
b) The following are the titles, telephone numbers, and email addresses of the management, administrative, and maintenance positions responsible for implementing specific measures of the SSMP:
• Director of Utilities:
Will Wong (209) 571-5801, [email protected]
• Wastewater Division Manager:
Jeff Daniels (209) 577-6522, [email protected]
• Wastewater Collection System Superintendent (LRO):
Robert Englent (209) 577-6222, [email protected]
• Utilities Services Supervisor (sewer):
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John Adams (209) 577-6234, [email protected]
• Utilities Services Supervisor (construction):
Bob Eusebio (209) 577-6239, [email protected]
• Utilities Services Supervisor (storm/customer service):
Art Gallegos (209) 577-6287, [email protected]
• Engineering Division Manager:
Cristian Ciotau (209) 571-5175, [email protected]
• Environmental Regulatory Compliance Superintendent:
Vacant (209) 577-6240
• Environmental Services Supervisor:
Duane Becker (209) 577-6248, [email protected]
• Plant Maintenance Superintendent:
Nolan Harris (209) 342-4505, [email protected]
• Plant Maintenance Supervisor:
Rich Christeson (209) 577-6217, [email protected] #8..
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c) Specific lines of authorities are shown in the attached organizational chart #8..
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d) SSO Reporting Chain of Communication
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III. LEGAL AUTHORITY
DATE ISSUED: 4-6-09
DATE REVISED: 12-30-2014, 1-3-2017, 7-2-2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The following references and electronic links to the City of Modesto’s current sewer system use ordinances, service agreements and/or other legally binding procedures demonstrate the City’s legal authority to:
1. Prevent illicit discharges into its sanitary sewer system from inflow and infiltration (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages:
a. The following ordinances pertain to the prevention of illicit discharges into the sanitary sewer system:
TITLE 5 – SANITATION AND HEALTH, Chapter 6 – Wastewater Collection and Disposal, Article 2 – Regulations
https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TIT 5SAHE_CH6WACODI_ART2RE
2. Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure:
a. The following City ordinances pertain to the City’s authority to regulate and/or prohibit the discharge of any waste, and to take all actions necessary to enforce its authority:
TITLE 5, Chapter 6, Article 1, Section 104 – Authority
https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TI T5SAHE_CH6WACODI_ART1TIPUGEPR_5-6.104AU
3. Require that sewers and connections be properly designed and constructed:
a. The following City ordinances pertain to the proper design and construction of sewers and connections:
TITLE 4 – PUBLIC WELFARE, SAFETY AND HEALTH, Chapter 4 – Subdivision of Land, Article 8 – Improvements
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https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TI T4PUWESAHE_CH4SULA_ART8IM
TITLE 5, Chapter 6, Article 3 – Sewerage Construction and Sewer Use https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TI T5SAHE_CH6WACODI_ART3SECOSEUS
4. Ensure access for maintenance, inspection, or repairs for portions of the service lateral owned and/or operated by the Enrollee:
a. City ordinances pertaining to City access are:
TITLE 5 – SANITATION AND HEALTH, Chapter 6 – Wastewater Collection and Disposal, Article 3, Section 309 – Rules and Regulations https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TI T5SAHE_CH6WACODI_ART3SECOSEUS_5-6.309RURE
5. Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures:
a. The enforcement provisions of the City ordinances, which would supersede all service agreements and/or legally binding procedures can be found at:
TITLE 5 – SANITATION AND HEALTH, Chapter 6 – Wastewater Collection and Disposal, Article 7 – Enforcement
https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TI T5SAHE_CH6WACODI_ART7EN
6. Obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable:
a. City ordinances pertaining to City access are:
TITLE 5 – SANITATION AND HEALTH, Chapter 6 – Wastewater Collection and Disposal, Article 3, Section 309 – Rules and Regulations https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=TI T5SAHE_CH6WACODI_ART3SECOSEUS_5-6.309RURE
Copies of both the City’s Municipal Ordinances and the Construction Standards can be obtained from the City’s website (www.modestogov.com).
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OPERATION AND MAINTENANCE PROGRAM
The Plan must include the items listed below that are appropriate and applicable to the Enrollee’s system.
1. Updated Map of Sanitary Sewer System
An up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staff access to the map(s). The map(s) must show gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities within the sewer system service area boundaries.
A. The City’s sanitary sewer and storm collection system assets are fully inventoried in a geographic information system (GIS) database system that can provide full mapping capabilities and asset attribute descriptions. All sewer and storm assets are listed in the GIS database (which is 99% accurate), which provides a complete asset inventory. The City’s Information Technology (IT) department is responsible for maintaining the GIS map of the sewer and storm infrastructure. Information gathered through as-built plans, field observations, or CCTV inspections are regularly provided to our GIS Analyst and incorporated into our system, as a result, our GIS data accurately reflects conditions in the field.
B. The database includes manholes, gravity lines, pump stations, pressure pipes, valves, rockwells, catch basins, detention/retention basins, and stormwater outfalls.
C. In early 2017, the City implemented a new Computerized Maintenance Management System (CMMS) called Lucity. All Wastewater Collections staff has mobile access to the system through cellular connected tablets. The mobile Lucity system provides staff with real-time access to the mapping, work requests, work orders, work history, and PM schedules.
D. Due to the possible sewage impact to the county storm system in the newly acquired Empire sewer system GPS coordinates were taken and added to the City of Modesto’s GIS database. This information will also be accessible in our CMMS program.
E. In our GIS and CMMS system the asset owner will be noted and accessible for notification if spill occurs within their jurisdiction.
2. Preventive Operation and Maintenance Activities
IV. OPERATIONS AND MAINTENANCE
PROGRAM
DATE ISSUED: 4-6-09
DATE REVISED: 12-30-2014, 01-10-2017, 08-
03-2017, 12/10/2024
WASTEWATER COLLECTIONS APPROVED BY: John Adams
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A scheduling system and a data collection system for preventive operation and maintenance activities conducted by staff and contractors.
The scheduling system must include:
A. Inspection and maintenance activities:
• In addition to the GIS database, the City also maintains a Computerized Maintenance Management System (CMMS). The City uses the CMMS to create and update of sanitary sewer and storm sewer Preventive Maintenance (PM) schedules. Accurate and timely PM schedules are essential to the proper operation of the sanitary sewer and storm sewer collection systems. The goal of the PM program is to provide the proper amount of maintenance needed to keep the system functioning without failure. All maintenance activities are documented within the CMMS.
B. Higher-frequency inspections and maintenance of known problem areas, including areas with tree root problems:
• The City’s maintenance program includes regular periodic cleaning and maintenance of the sanitary sewer system, and more frequent or accelerated cleaning and maintenance of known problem areas (Hot Spots). Routine cleaning cycles are established for all lines and performed on a rotating basis of 3 to 5 years. When necessary, cleaning cycles are accelerated and can range from 2 years to monthly. The City has a formal SSS and stoppage follow-up procedure to determine the appropriate course of action following an SSS or stoppage.
Follow-up action can consist of an accelerated cleaning frequency, spot repairs, and/or a Capital Improvement Project. Regular scheduled maintenance is also performed on all lift stations.
C. Regular visual and closed-circuit television (CCTV) inspections of manholes and sewer pipes:
• The City of Modesto utilizes closed circuit television (CCTV) inspection to perform physical condition assessments and determine the priorities for Rehabilitation and Replacement (R&R). Sewer infrastructures identified as deficient are evaluated to determine if the infrastructure needs a spot repair or a Capital Improvement Project (CIP). • The City has two in-house CCTV crew which consists of four members who perform routine, warranty and emergency video inspections of the City’s sewer and storm lines. The CCTV inspections are also used during SSS and stoppage follow-ups to determine if a given line segment requires accelerated maintenance, a spot repair, or replacement through a CIP.. The City also uses CCTV contractors as necessary.
• The City has a CCTV preventative maintenance (P.M) program through our CMMS for sewer lines located in or within the vicinity of surface waters, steep terrain, high groundwater elevations, and environmentally sensitive areas. PM cycles will be adjusted when necessary and can range from 1 to 5 years depending on structural integrity and operation and maintenance needs.
3. Training
In-house and external training provided on a regular basis for sanitary sewer system operations and maintenance staff and contractors. The training must cover:
A. The requirements of this General Order
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B. The Enrollee’s Spill Emergency Response Plan procedures and practice drills:
1. The Spill Emergency Response Plan was updated 8/23/23.
City of Modesto
Spill Emergency Response Plan.pdf
2. Training on The Spill Emergency Response Plan is completed yearly C. Skilled estimation of spill volume for field operators:
1. Collection division does a yearly training on spill volume:
C-10 Spill Response
SOP.pdf
2. Environment Compliance conducts yearly trainings on the following:
i. San Diego Method (Volume Calculations)
ii. SSS Simulator training
D. Electronic CIWQS reporting procedures for staff submitting data E. A procedure and SOP will be developed for CIWQS reporting
4. Equipment Inventory
An inventory of sewer system equipment, including the identification of critical replacement and spare parts.
A. Sewer System Vehicle List
2013 CHEVROLET IMPALA SEDAN MID SIZE
2015 NISSAN ALTIMA SEDAN MID SIZE
2015 NISSAN ALTIMA SEDAN MID SIZE
2016 CHEVROLET MALIBU SEDAN MID SIZE
2002 CHEVROLET C1500 TRK 1/2 TON PU FULL SIZE
2002 CHEVROLET C1500 TRK 1/2 TON PU FULL SIZE
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2003 CHEVROLET C1500 TRK 1/2 TON PU EXT CAB
2006 JEEP LIBERTY SUV 4X2
2007 CHEVROLET SILVERADO 1500 TRK 1/2 TON PU EXT CAB FULL SIZE 2008 FORD F150 TRK 1/2 TON PU EXT CAB
2008 FORD F150 TRK 1/2 TON PU EXT CAB
2008 FORD F150 TRK 1/2 TON PU EXT CAB
2008 FORD F150 TRK 1/2 TON PU EXT CAB
2008 FORD F150 TRK 1/2 TON PU
2010 FORD F150 TRK 1/2 TON PU EXT CAB
2011 FORD F150 TRK 1/2 TON PU EXT CAB
2011 FORD F150 TRK 1/2 TON PICKUP
2012 FORD F150 TRK 1/2 TON PU EXT CAB
2013 FORD F150 TRK 1/2 TON PU EXT CAB
2013 FORD F150 TRK 1/2 TON PU EXT CAB
2013 FORD F150 TRK 1/2 TON PU FULL SIZE
2013 FORD F150 TRK 1/2 TON PU EXT CAB
2013 FORD F150 TRK 1/2 TON PU FULL SIZE
2013 FORD F150 TRK 1/2 TON PU EXT CAB 4 X 4
2013 FORD F150 TRK 1/2 TON EXT CAB 4 X 4
2013 FORD F150 TRK 1/2 TON PU FULL SIZE
2013 FORD F150 TRK 1/2 TON PU FULL SIZE
2014 FORD F150 TRK 1/2 TON EXT CAB 4X4
2016 FORD F150 TRK 1/2 TON PU FULL SIZE CREW
2016 FORD F150 TRK 1/2 TON PU EXT CAB
2016 FORD F150 TRK 1/2 TON PU EXT CAB
2016 FORD F150 TRK 1/2 TON PU EXT CAB
2016 FORD F150 TRK 1/2 TON PU EXT CAB
2016 FORD F150 TRK 1/2 TON PU EXT CAB 4X4
2016 FORD F150 TRK 1/2 TON PU F/S 4X4
2016 FORD F150 TRK 1/2 TON PU EXT CAB
2016 FORD F150 TRK 1/2 TON PU EXT CAB
2017 DODGE CARAVAN VAN 1/2 TON MIDSIZE 7 PASS WINDOW
2019 FORD F150 TRK 1/2 TON PU EXT CAB
2019 FORD F150 TRK 1/2 TON PU FULL SIZE
2019 FORD F150 TRK 1/2 TON PU 4X4
2019 FORD F150 TRK 1/2 TON PU EXT CAB 4X4
2019 FORD F150 TRK 1/2 TON PU EXT CAB 4X4
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2019 FORD F150 TRK 1/2 TON PU EXT CAB 4X4
2019 FORD F150 TRK 1/2 TON PU EXT CAB 4X4
2019 FORD F150 TRK 1/2 TON PU EXT CAB 4X4
2024 Chevy 1500 1/2 TON PU
2024 Chevy 1500 1/2 TON PU
2024 CHEVROLET C1500 TRK 1/2 TON PU EXT CAB 4X2
2024 CHEVROLET C1500 TRK 1/2 TON PU EXT CAB 4X2
2024 FORD F150 TRK 1/2 TON PU CREW CAB
2024 FORD F150 TRK 1/2 TON PU EXT CAB 4X4
2001 FORD F550 Trk 17,500 GVWR Combo Body
2001 PETERBILT 377 TRK 57.2 3 AXLE TRACTOR
2002 FREIGHTLINER FL80 TRK 52.0 14 YD DUMP (80001)(50418) 2002 FREIGHTLINER FL80 TRK 52.0 14 YD DUMP (80421) (50320) 2002 GROVE TMS500E TRK 62.0 W/ 40 TON CRANE
2003 FORD F350XL TRK 11.0 W/ UTILITY BODY
2004 IHC 4400 TRK 33.0 CRANE 14 TON
2005 CHEVROLET C2500HD TRK 3/4 TON W/UTILITY
2007 FORD F550 TRK 17.5 W/AERIAL BUCKET
2008 FORD F550 SUPER DUTY TRK 19.5 EXT CAB W/DUMP 3-4 YD 2008 STERLING LT8500 TRK 64.1 14YD DUMP
2008 FORD E350 VAN 1 TON UTILITY
2008 FORD E350 VAN 1 TON UTILITY
2009 FORD F650 TRK 28.8 W/ 5/6 YD DUMP
2009 FORD E350 VAN 1 TON UTILITY
2010 FORD F450 TRK 14.5 CUBE BODY W/CCTV
2010 FORD F250 TRK 3/4 TON PU EXT CAB
2010 FREIGHTLINER M2106 TRK 58.0 3 AXLE WATER
2011 FORD F550 TRK 17.5 UTILITY W/CRANE
2011 FORD F750 TRK 33.0 CRANE
2011 FORD F350 TRK 1 TON UTILITY
2012 FORD F550 TRK 1 TON HD WITH UTILITY BOX & CRANE
2012 FORD F450 TRK 1 TON 4X4 WITH CRANE
2012 FORD F550 TRK 18.0 4X4 W/DUMP BODY
2012 FORD F750 TRK 33.0 W/ AIR COMP & SERVICE BODY
2012 CHEVROLET G3500 VAN 1 TON UTILITY WWTP ELECTRICAL
2013 FREIGHTLINER 114SD TRK 60.0 VACUUM 3 AXLE
2013 FREIGHTLINER 114SD TRK 60.0 VACUUM 3 AXLE
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2014 FORD F450 TRK 16.5 W/UTILITY CRANE
2014 FREIGHTLINER 108SD 4X2 TRK 37.6 HOTSHOT
2014 FORD F250 TRK 3/4 TON EXT CAB 4X4
2015 FREIGHTLINER 114SD TRK 66.0 VACUUM 3 AXLE
2016 FORD TRANSIT VAN 1 TON UTILITY
2016 FORD F350 TRK 1 TON UTILITY
2016 FORD F350 TRK 1 TON UTILITY
2016 FORD F350 TRK 1 TON UTILITY
2016 FORD F350 TRK 1 TON UTILITY
2016 NAVISTAR 7400 TRK 54.0 14 YD DUMP
2016 FORD F350 TRK 1 TON UTILITY
2016 INT 4400 TRK 33.0 W/AIR COMP & SERVICE BODY
2017 FORD F350 TRK 1 TON UTILITY
2017 FORD F350 TRK 1 TON UTILITY
2017 FORD F350 TRK 1 TON WITH UTILITY BED 4X4
2017 FORD F350 TRK 1 TON WITH UTILITY BED 4X4
2019 CHEVROLET K2500 TRK 3/4 TON PU EXT CAB 4X4
2019 CHEVROLET K2500 TRK 3/4 TON PU EXT CAB 4X4
2019 FORD F550 SUPER DUTY TRK 1 TON UTILITY
2019 FORD F550 SUPER DUTY TRK 1 TON UTILITY
2019 FORD F550 SUPER DUTY TRK 1 TON UTILITY W/ CRANE
2019 FORD F250 TRK 3/4 TON PU FULL SIZE
2020 FORD F350 TRK 14 W/FLAT BED
2022 FREIGHTLINER 114SD TRK 66.0 VACUUM 3 AXLE
2022 FREIGHTLINER 114SD TRK 66.0 VACUUM 3 AXLE
2022 FORD F600 TRK 22.0 REG CAB W/ CCTV BOX
2022 FREIGHTLINER 114SD TRK 66.0 VACUUM 3 AXLE
2022 FREIGHTLINER 114SD TRK 66.0 VACUUM 3 AXLE
2022 FREIGHTLINER 114SD TRK 66.0 VACUUM 3 AXLE
2024 Ford F550 TRK 1 TON REG CAB
2023 FORD F350 TRK 1 TON REG CAB
2024 Vac-Con TRK 66.0 VACUUM 3 AXLE
2024 Vac-Con TRK 66.0 VACUUM 3 AXLE
2000 JOHN DEERE 7610 TRACTOR 4X4
2002 MITSUBISHI FB20KT-36V FORKLIFT 4000 LB ELECTRIC
2003 KOMATSU FG25HT-12 FORKLIFT 5000 LB LPG
2004 JOHN DEERE 6220 TRACTOR W/BUCKET
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2007 SKYTRAK 8042 FORKLIFT VARIABLE REACH
2007 CATERPILLAR 420E TRACTOR LOAD/W/BACKHOE(80731)
2007 CATERPILLAR 420E TRACTOR LOAD/W/BACKHOE(80731)
2009 HYUNDAI R290LC-9 EXCAVATOR
2014 POLARIS RANGER EV 4X4 ZEV - 2 SEAT W/ SHORT BED
2014 JOHN DEERE HPX GATOR UTIL VEH 4X4
2014 POLARIS RANGER EV 4X4 ZEV - 2 SEAT W/ SHORT BED
2014 POLARIS RANGER EV 4X4 ZEV - 2 SEAT W/SHORT BED
2014 JOHN DEERE HPX GATOR UTIL VEH 4X4
2015 JOHN DEERE 710K TRACTOR LOAD/W/BACKHOE 4X4
2015 POLARIS RANGER EV 4X4 ZEV - 2 SEAT W/SHORT BED
2015 POLARIS RANGER EV 4X4 ZEV - 2 SEAT W/SHORT BED
2015 POLARIS RANGER EV 4X4 ZEV - 2 SEAT W/SHORT BED
2015 JOHN DEERE 710K TRACTOR LOAD/W/BACKHOE 4X4
2015 CATERPILLAR 950M LOADER 4WD 3 YARD BUCKET
2016 BOBCAT E35 MINI EXCAVATOR
2016 VOLVO L50H LOADER
2016 POLARIS RANGER 570 UTILITY VEHICLE GAS POWERED
2018 NEW HOLLAND B110C TRACTOR LOADER W/BACKHOE 4X4
2019 BOBCAT V-723 FORKLIFT/LOADER ALL TERAIN 4X4
2020 JOHN DEERE XUV865M UTILITY 4X4
2020 JOHN DEERE XUV825M UTILITY 4X4
2020 JOHN DEERE XUV825M UTILITY 4X4
2020 JOHN DEERE GATOR 4X2 UTILITY 4X2
2020 JOHN DEERE GATOR 4X2 UTILITY 4X2
2020 DOOSAN G33N-7 FORKLIFT 6500 LB PROPANE
2023 DOOSAN G33N-7 FORKLIFT 6500 LB LPG
1997 CATERPILLAR 140H GRADER MOTOR
2002 LOWE R1655TN FLAT BOTTOM BOAT 15`
1980 CHARGER BOAT 19 FEET BOAT FIBERGLASS 19 FEET
2000 INGERSOL- RAND P130WJD TRAILER COMPRESSOR
2000 GODWIN DRIPRIME TRAILER PUMP MOUNTED 4"
2000 GODWIN DRIPRIME TRAILER PUMP MOUNTED 6"
2001 MAG 30601MH LIGHT TOWER 4000 WATT
2015 HUSQVARNA FS520 SAW CONCRETE WALK BEHIND
1999 ELLIOTT 7000 GENSET PORTABLE 7KW
1999 ELLIOTT 7000 GENSET PORTABLE 7KW
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1999 ELLIOTT 7000 GENSET PORTABLE 7KW
1999 INGERSOL- RAND E50XWCU GENSET PORTABLE 5KW
1999 GODWIN DRIPRIME TRAILER PUMP MOUNTED 4"
2000 SPECIAL UNKNOWN TRAILER TRASH PUMP
2000 SPECIAL UNKNOWN TRAILER UTILITY
2000 SPECIAL UNKNOWN TRAILER UTILITY
2000 WHITCO STEAM TRAILER STEAM CLEANER
2000 CARRIER BOAT TRAILER BOAT
2000 SPECIAL UNKNOWN TRAILER WELDER GENERATOR
2001 YACHT TRAILER TRAILER BOAT
2002 CLEMENT ENDDUMP TRAILER 28` END DUMP
2002 PACE CARGO SPORT TRAILER ENCLOSED CARGO
2002 COZAD EXPANDO TRAILER LOWBOY DETACHABLE GOOSNECK
2004 HYDRO SC3500 TRAILER STEAM CLEANER
2004 FEATHERLITE 1625 TRAILER ENCLOSED CARGO
2004 BIG TEX 24AD-24+5 TRAILER BACKHOE (40265) (50320)
2005 FEATHERLITE 1610 TRAILER ENCLOSED CARGO
2005 DAR FLATBED TRAILER FLATBED
2006 DITCH WITCH FX30 TRAILER MOUNTED VACUUM SYSTEM 500GAL 2008 WANCO WTSP55-LSAC-08 TRAILER ARROWBOARD
2014 TOW MASTER T-40 TRAILER BACKHOE
2016 SPRAYING DEV TM80-34HF SPRAYER TOWABLE
2016 LAMAR TD811827 TRAILER TILT BED 22`
2016 TOW MASTER T-40 TRAILER BACKHOE
2016 TOW MASTER T-40 TRAILER BACKHOE
2017 LANDA TR-6000 TRAILER PRESSURE WASHER
2018 BIG TEX 305V TRAILER UTILITY 5X8
2018 HYDRO SCX TRAILER PRESSURE WASHER
2018 CARRY-ON Z4X5M TRAILER PLATFORM 4X5
2019 AG SPRAY 300E/500E TRAILER SPRAYER MOUNTED
2019 PREMIER 1908TX011 TRAILER PUMP MOUNTED 6"
2019 PREMIER 1908TX011 PUMP TRAILER MOUNTED 6"
2020 CARSON RACER TRAILER ENCLOSED 25`
2020 PIPEHUNTER VACHUNTER TRAILER VACUUM TRAILER
2021 DOOSAN P250 COMPRESSOR TRAILER MOUNTED AIR
2021 DOOSAN P250 COMPRESSOR TRAILER MOUNTED AIR
2021 RIGHT 2DH-175 MIXER TRAILER MOUNTED 2 YARD
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2022 SPECIAL UNKNOWN TRAILER BBQ
1989 SIERRA TRAILER TRAILER BARRACADE
1989 SIERRA TRAILER TRAILER PUMP
1993 SPECIAL UNKNOWN TRAILER PUMP
1996 SPECIAL UNKNOWN TRAILER PUMP
1999 FEATHERLITE TRAILER TRAILER
1999 CARSON FLATBED TRAILER VALVE TURNER
B. Sewer System Pump Station Inventory
Station Name # of Pumps H.P Head Voltage G.P.M.
Back up generator
Receptical
Athens 1 Pump 4.1 20 240 250 Yes
Benson 2 Pumps 10 54 240 500 Yes
California 2 pumps 4.1 22 240 400 Yes
Carver / Scott 2 Pumps 10 17 240 300 Yes
Carver / Standiford 2 Pumps 4.1 15 240 400
Cheyenne / Dutchollow 2 Pumps 5 20 240 300
Clayton / Martin 2 Pumps 4 38 240 370
Coldwell / N. Olive 2 Pumps 2.8 25 240 200 Yes
College / Orangeburg 1 Pump 2.8 15 240 226 Yes
El Terino / Fairmont 1 pump 2.8 17 240 220
Codoni 2 Pumps 15 45 480 870
Emerald 4 Pumps 30 20 460 1700 N/A
Evergreen / Gay 1 Pump 2.8 17 240 240 Yes
Hahn 2 Pumps 17.6 38 240 900 Yes
La Loma / Morton 2 Pumps 10 68 480 300 N/A
Mark / Randy 2 Pumps 5 18 208 300
Maze / Spencer 2 Pumps 2.8 20 240 170 Yes
Muriel 2 Pumps 2.8 21 240 177 Yes
Northgate 2 Pumps 2.1 18 240 242 Yes
Pepsi 2 Pumps 5 30 240 265 Yes
Phoenix / Edgebrook 1 Pump 7.5 35 240 150
Rose / Celeste 3 Pumps 16.6 24 460 1000 N/A
Rumble 2 Pumps 21 30 240 1400 Yes
Scenic 4 Pumps 36 23 460 2800 N/A
Thousand Oaks 3 Pumps 45 50 460 3475 N/A
Thousand Oaks Aux. 1 Pump 4.1 16 240 240
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Torrid / Diablo 2 Pumps 15 18 240 600 Yes
Trask / Encina 2 Pumps 3.4 17 240 235
Tully / Davis 2 Pumps 2.1 19 240 225 Yes
Woodland 5 Pumps 25 15 480 4500 N/A
T.R.R.P. 1 Pump 3.2 30 480 300 No
Fluer Deville 2 Pumps 1.5 22 240 100 Yes
Centre Plaze North 2 Pumps 3.2 480 160 No
Orangeburg Park 2 Pumps 1.5 15 460 100
Holiday Express 2 Pumps 3 20 240 200
Coffee / Clarantina 2 Pumps 15.4 38 460 1200
Fairview 2 Pumps 15 56 240 680 N/A
Parklawn 2 Pumps 5 460 240
C. Spare Part Inventory
Main Part Description Part #
20"x.140 ALL PURPOSE DIAMOND BLADE (LSTS20FH)
1 GAL. 8LB. JOINT LUBE NSF NEW FORM 305110
8" HAND TITE EXP PIPE PLUG 132240
ASSEMBLEY DI MANHOLE STORM 107100
ASSEMBLY CATCH BASIN CAL TRANS 105060
BARREL CONCRETE 48" X 12" 107300
BARREL CONCRETE 48" X 24" 107310
BARREL CONCRETE 48" X 36" 107320
BARREL CONCRETE 48" X 48" 107330
BARREL CONCRETE 48" X 18" 107305
BEND 90 PVC 8" GXG 137225
BLADE CUT-OFF DI 14 X 1/8 X 1 204540
BLADE DIAMOND CONCRETE 14" DRY 204400
CONCRETE READY MIX 60 LB 205200
CONCRETE READY MIX RAPID SET 205220
CONCRETE VINYL PATCH 40 LB 202205
CONE CONCRETE 48" X 24" X 18" 107500
CONE CONCRETE 48" X 24" X 24" 107510
CONE CONCRETE 48" X 24" X 36" 107550
PIPE PLASTIC C-900 CL150 8" 193020
PIPE PLASTIC C-900 CL150 10" 193030
PIPE, SEWER PVC 10" SDR 35 20' 193520
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PIPE, SEWER PVC 12" SDR 26 14' 193526
PIPE, SEWER PVC 12" SDR 35 14' 193525
PIPE, SEWER PVC 8" SDR 35 20' 193515
PIPE, GRAVITY SEWER 8" SDR 26 ' 193340
RING CONCRETE GRADE 24" X 2" 107590
RING CONCRETE GRADE 24" X 3" 107600
RING CONCRETE GRADE 24" X 6" 107610
RING HDPE GRADE FLAT 2" H 107820
RING HDPE GRADE FLAT 1.25" H 107800
RING HDPE GRADE FLAT 1.50" H 107810
RING HDPE GRADE SLOPE 1.5" H 107860
ROLL GEOTEX 451 15' x 360' 137900
CONCRETE READY MIX FAST SET 205210
TAPE DUCT 2INX60YD # 223 209040
BARREL PERFORATED 48X48 107340
HOOD MODESTO TYPE 1 CAL TRANS 105040
8" INSIDE GRIPPER MECH PLUG 132260
POLY SEAL 1" BOX 107875
10" HAND TITE EXP PIPE PLUG 132245
12" HAND TITE EXP PIPE PLUG 132250
1 GAL. 8LB. JOINT LUBE NSF NEW FORM 305110
4" PVC SDR35 GASKETED PIPE (PER FOOT 193500
6" PVC SDR35 GASKETED PIPE 193510
8" PVC SDR35 GASKETED PIPE 193515
10" PVC SDR35 GASKETED PIPE 193520
12" PVC SDR35 GASKETED PIPE 193525
4" 90 BEND SDR35 GXS PVC 137200
4" 45 BEND GXS PVC SDR35 137100
4" 22 1/2 BEND GXS PVC SDR 35 137160
4" 90 BEND GXG PVC SDR35 137205
4" 45 BEND GXG PVC SDR35 137110
4" 22 1/2 BEND GXG PVC SDR35 137165
6" CLAY TO 6" CI/PL SHEILDED CPLR 117150
4" CLAY TO CI/PL SHEILDED CPLR
6" CI/PL TO CI/PL SHEILDED CLPR
8" CLAY TO CI/PL SHEILDED CLPR 117160
8" CI/PL TO 8" CI/PL SHEILDED CLPR
10" CLAY TO 10" CI/PL SHEILDED CLPR 117170
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6X4 GXGXG PVC SDR35 WYE 137540
6X6 GXGXG PVC SDR35 WYE 137545
8X4 GXGXG PVC SDR35 WYE 137550
8X6 GXGXG PVC SDR35 WYE 137555
10X4 GXGXG PVC SDR35 WYE 137560
10X6 GXGXG PVC SDR35 WYE 137565
12X4 GXGXG PVC SDR35 WYE 137570
12X6 GXGXG PVC SDR35 WYE 137575
15X6 GXGXG PVC SDR35 WYE 137580
12" CLAY TO CI/PL SHEILDED CLPR
MULTI SIZE INSERTA TEE 6"-12" 135720
MULTI SIZE INSERTA TEE 15" AND UP 135730
6" PVC HUB FEM CO ADPT SDR35 137720
6" PVC RH THRD CO PLUG SDR35 137725
G-5 BOX VLV BX L/LID 200870
G-5 BOX VLV CI LID SEWER 200875
ASSEMBLEY 624 MANHOLE CI SEWER 107100
NOR ONE 24 COMPOSITE LID W FRAME
BRICK COMMOM RED CLAY 205010
F-8 CONCRETE BOX 100010
F-8 CI/LID MARKED SEWER 101010
4" ABS PIPE 20' LENGTH 193600
6" ABS PIPE 20' LENGTH 193620
4X4X4 ABS WYE 137595
ELBOW HXH ABS 90 4" 137070
ELBOW HXH ABS 45 4" 137010
ELBOW HXS ABS 45 4" 137000
BEND 22.5 ABS GXS 137190
4" BEND 90 ABS GXS 137060
4" CLAY TO 4" CI/PL CLPR 117145
4" CI/PL TO 4" CI/PL CLPR 117142
4" CI/PL TO 3" CI/PL CLPR 117141
4" DI/AC TO 4" CI/PL CLPR 117143
6" CLAY TO 6" CI/PL SHEILDED
6" CI/PL TO 6" CI/PL CLPR UNSHEILDED 137620
4" CLAY TO CI/PL SHEILDED CLPR
4.380-3.960 FERNCO REDUCER
4" ABS DWV THREADED PLUG 137710
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4" ABS DWV FEMALE ADAPTER 137715
3" ABS DWV WYE
3" ABS DWV FEMALE ADAPTER
3" ABS DWV THREADED PLUG
3" ABS DWV 45 HXH BEND
3" ABS DWV 22.5 HXH BEND
3" PL/CI TO 3" PL/CI CLPR
3" ABS PIPE (PER FT)
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V. DESIGN AND PERFORMANCE
PROVISIONS
DATE ISSUED: 4-6-09
DATE REVISED: 12-30-2014, 01-10-2017, 10-9-
2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
DESIGN AND PERFORMANCE PROVISIONS
a) The Board issued WDR requires the following items:
1. Updated Design Criteria, and Construction Standards and Specifications Updated design criteria, and construction standards and specifications, for the construction, installation, repair, and rehabilitation of existing and proposed system infrastructure components, including but not limited to pipelines, pump stations, and other system appurtenances. If existing design criteria and construction standards are deficient to address the necessary component-specific hydraulic capacity as specified in section 8 (System Evaluation, Capacity Assurance and Capital Improvements) of this Attachment, the procedures must include component-specific evaluation of the design criteria.
i. The City has adopted design, construction, and performance Standard Specifications for the installation of new sanitary sewer systems, pump stations, and other appurtenances. The City adheres to these Standards when performing rehabilitation and/or repair of existing sanitary sewer systems. These standards and provisions include design procedures, construction standards, and materials specifications that are necessary to have an effective sewer system.
ii. The City ordinance requiring improvements to conform to City Standards is located within the following City of Modesto Municipal Code.
1. TITLE 4 – PUBLIC WELFARE, SAFETY AND HEALTH
2. Chapter 4 – Subdivision of Land
iii. The City of Modesto 2014 Standard Specifications is published on the City’s website:
https://www.modestogov.com/Archive.aspx?AMID=55
2. Procedures and Standards
Procedures, and standards for the inspection and testing of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances.
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i. The procedure and standards for inspection and testing, related to the installation of new sewers, pumps, and other appurtenances, including rehabilitation and repair projects; is described in the City Standards and meets ASTM standards. #8..
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VI. SPILL EMERGENCY
RESPONSE PLAN
DATE ISSUED: 4-6-09
DATE REVISED: 6-28-10, 12-30-2014, 08-03-
2017, 10-9-2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The City responds to sanitary sewer spills (SSS) and other sewer emergencies according to the Sanitary Sewer Emergency Response Plan. This plan ensures prompt detection and response to spills to reduce spill volumes and collect information for prevention of future spills. In addition, the plan covers the necessary procedures and timeframes for properly handling an incident and mitigating its impacts including:
1. NOTIFICATIONS
The City of Modesto has developed procedures to ensure that all SSSs are responded to and reported in a timely manner.
1. BUSINESS HOURS NOTIFICATION – When the City of Modesto is notified of a potential spill during business hours, staff follow the procedures described in SOP S-5, Front Desk Procedures. A Work Request is created, then turned into a Work Order, and the Central Square Asset Management system (CMMS) automatically sends a notice to the Collections first responders. Average response times are less than 30 mins.
2. AFTER-HOURS NOTIFICATION – When the City of Modesto is notified of a potential spill after-hours, per the procedures described in SOP S-5, the phone line is transferred to the City’s after-hours answering service. The City’s after-hours answering services forwards all calls to the City’s Standby personnel.
3. NOTIFICATION OF OTHER ENTITIES – These entities may need to be notified if the spill could potentially affect public health or reach waters of the state:
• City of Modesto Water Division – 209-342-2246
• Stanislaus County (storm drainage) - 209-525-4310
• Stanislaus County Environmental Health – 209-525-6700 • Cal-Trans District 10 – 209-948-7543
4. MONITOR ALARM – The City of Modesto has level monitoring alarms at locations prone to stoppages. When the level rises to the low-level alarm a notice is sent to the Customer Service East, Customer Service West, Standby, and all Senior USW phones.
5. LIFT STATION ALARMS – The wet wells for all of the City’s pump stations feature a wet well level alarm system. When the wet well level rises to the alarm set point, a notice is sent to the maintenance standby phone.
2. SPILL RESPONSE
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1. EMERGENCY OPERATIONS
The City of Modesto staff is regularly trained in emergency operations including Sanitary Sewer Spills, temporary traffic control, and emergency repairs. These operations are covered in the following SOPs and manuals:
• C-10 Spill Response
• C-3 Jet-Vac Truck
• C-6 Collections SSO Reporting
• C-11 Spill Report Review and Processing
• C-30 Sewer and Storm Construction
• MUTCD
3. NOTIFICATION, MONITORING, AND REPORTING REQUIREMENTS
1. SPILL CATEGORIES
Individual spill notification, monitoring and reporting must be in accordance with the following spill categories:
• Category 1 Spill
A Category 1 spill is a spill of any volume of sewage from or caused by a sanitary sewer system regulated under this General Order that results in a discharge to:
o A surface water, including a surface water body that contains no flow or volume of water; or
o A drainage conveyance system that discharges to surface waters when the sewage is not fully captured and returned to the sanitary sewer system or disposed of properly.
Any spill volume not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drainage conveyance system discharges to a dedicated stormwater infiltration basin or facility.
A spill from an Enrollee-owned and/or operated lateral that discharges to a surface water is a Category 1 spill; the Enrollee shall report all Category 1 spills per section
3.1 of Attachment E1 (Notification, Monitoring, Reporting and Recordkeeping Requirements) of this General Order.
• Category 2 Spill
A Category 2 spill is a spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of 1,000 gallons or greater that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system, is a Category 2 spill.
• Category 3 Spill
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A Category 3 spill is a spill of equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of equal to or greater than 50 gallons and less than 1,000 gallons, that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 3 spill. • Category 4 Spill
A Category 4 spill is a spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under this General Order that does not discharge to a surface water.
A spill of less than 50 gallons that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 4 spill.
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2. NOTIFICATION, MONITORING, AND REPORTING REQUIREMENTS The following provides a summary of notification, monitoring and reporting requirements, by spill category
Spill Category 1: Spills to Surface Waters
Spill
Requirement Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of
a Category 1 spill of 1,000 gallons or greater,
discharging or threatening to discharge to surface
waters:
Notify the California Office of Emergency Services
and obtain a notification control number.
California Office
of Emergency
Services at:
(800) 852-7550
(Section 1 of
Attachment E1)
Monitoring
• Conduct spill-specific monitoring;
• Conduct water quality sampling of the receiving
water within 18 hours of initial knowledge of spill of
50,000 gallons or greater to surface waters.
(Section 2 of
Attachment E1)
Reporting
• Submit Draft Spill Report within three (3)
business days of the Enrollee’s knowledge of the
spill;
• Submit Certified Spill Report within 15 calendar
days of the spill end date;
• Submit Technical Report within 45 calendar days
after the spill end date for a Category 1 spill in
which 50,000 gallons or greater discharged to
surface waters; and
• Submit Amended Spill Report within 90 calendar
days after the spill end date.
(Section 3.1 of
Attachment E1)
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Spill Category 2: Spills of 1,000 Gallons or Greater That Do Not Discharge to Surface Waters
Spill
Requirements Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of
a Category 2 spill of 1,000 gallons or greater,
discharging or threatening to discharge to waters of
the State:
Notify California Office of Emergency Services and
obtain a notification control number.
California Office of
Emergency
Services at: (800)
852-7550
(Section 1 of
Attachment E1)
Monitoring Conduct spill-specific monitoring. (Section 2 of Attachment E1)
Reporting
• Submit Draft Spill Report within three (3)
business days of the Enrollee’s knowledge of the
spill;
• Submit Certified Spill Report within 15 calendar
days of the spill end date; and
• Submit Amended Spill Report within 90 calendar
days after the spill end date.
(Section 3.2 of
Attachment E1)
Spill Category 3: Spills of Equal or Greater than 50 Gallons and Less than 1,000 Gallons That Does Not Discharge to Surface Waters
Spill
Requirements Due Method
Notification Not Applicable Not Applicable
Monitoring Conduct spill-specific monitoring. (Section 2 of Attachment E1)
Reporting
• Submit monthly Certified Spill Report to the online
CIWQS Sanitary Sewer System Database within
30 calendars days after the end of the month in
which the spills occur; and
• Submit Amended Spill Reports within 90 calendar
days after the Certified Spill Report due date.
(Section 3.3 and 3.5 of
Attachment E1)
Spill Category 4: Spills Less Than 50 Gallons That Do Not Discharge to Surface Waters
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Spill
Requirements Due Method
Notification Not Applicable Not Applicable
Monitoring Conduct spill-specific monitoring. (Section 2 of Attachment E1)
Reporting
• If, during any calendar month, Category 4 spills
occur, certify monthly, the estimated total spill
volume exiting the sanitary sewer system, and the
total number of all Category 4 spills into the online
CIWQS Sanitary Sewer System Database, within
30 days after the end of the calendar month in
which the spills occurred.
• Upload and certify a report, in an acceptable digital format, of all Category 4 spills to the online CIWQS
Sanitary Sewer System Database, by February 1st
after the end of the calendar year in which the
spills occur.
(Section 3.4, 3.6, 3.7
and 4.4 of Attachment
E1)
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Enrollee Owned and/or Operated Lateral Spills That Do Not Discharge to Surface Waters
Spill
Requirements Due Method
Notification
Within two (2) hours of the Enrollee’s knowledge of a
spill of 1,000 gallons or greater, from an enrolleeowned and/or operated lateral, discharging or threatening to discharge to waters of the State:
Notify California Office of Emergency Services and
obtain a notification control number.
Not applicable to a spill of less than 1,000 gallons.
California Office of
Emergency Services
at: (800) 852-7550
(Section 1 of Attachment
E1)
Monitoring Conduct visual monitoring. (Section 2 of Attachment E1)
Reporting
• Upload and certify a report, in an acceptable digital format, of all lateral spills (that do not discharge to a surface water) to the online CIWQS Sanitary
Sewer System Database, by February 1st after the
end of the calendar year in which the spills occur.
• Report a lateral spill of any volume that discharges
to a surface water as a Category 1 spill.
(Sections 3.6, 3.7 and
4.4 of Attachment E1)
4. TRAINING
The City of Modesto provides appropriate training to all staff to ensure successful implementation of the Spill Emergency Response Plan.
1. INITIAL AND ANNUAL REFRESHER TRAINING
All City personnel who may have a role in responding to, reporting, and/or mitigating a sewer system spill will receive training on the contents of this Spill Emergency Response Plan. All new employees will receive training before they are placed in a position where they may have to respond. All relevant employees will receive annual refresher training on this plan and the procedures to be followed. The City does not use outside contractors for spill response.
2. TRAINING CONTENT
City staff will receive the following training:
• Requirements of the SWRCB Order WQ 2022-0103-DWQ, Element 6 • The City’s Spill Emergency Response Plan
• The City’s SOP C-10 Spill Response SOP which includes training on spill containment procedures, spill volume estimation, and cleanup methods • The City’s C-11 Spill Reporting SOP which covers reporting procedures for CIWQS submitting staff
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• Training on estimating spill start times
• Surface water sampling; sample location selection, sampling, and documentation procedures
3. SPILL TRAINING RECORD KEEPING
The City of Modesto keeps records of all training that is provided in support of this plan. The records for all scheduled training courses and for each spill emergency response training event includes the date, time, content, name of trainer(s), and names of attendees.
5. SPILL RESPONSE
1. The City of Modesto has developed this SERP and associated SOPs to ensure that all spills receive the appropriate response including procedures to:
• Address emergency system operations, traffic control and other necessary response activities (SOPs C-7 and C-10)
• Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system (SOP C-10)
• Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State (SOP C-10 and RN-1)
• Remove sewage from the drainage conveyance system (SOP C-10) • Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters (SOP C-10)
2. The SOPs include instructions on spill response including traffic control procedures, spill volume estimation instructions, and instructions for completing the SSS report. • SOP, C-7 Sanitary Sewer Maintenance
• SOP, C-10 SSS Response
• SOP, Regulatory Notification Packet, RN-1
6. PLANNING
1. Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery
2. The City of Modesto owns and operates the storm system within the City of Modesto.
However, the City also operates and maintains the sewer system in areas serviced by Stanislaus County
• Prior Planning - The City maintains regular contact with the County and the City facilitates regular coordination meetings with other utility agencies/departments operating in Stanislaus County
• During a spill – The City’s SOP C-10 Spill Response includes instructions for spill coordination during a spill
7. SSS REVIEW
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1. After every spill the City of Modesto conducts a thorough review of the spill. This review includes the following elements:
• CCTV inspection findings, including the primary and secondary causes of the spill • Evaluation of the line history
• CCTV repair recommendations
• Evaluation of the PM cleaning frequency prior to the spill • Documentation of the new PM cleaning frequency, to include, why the PM frequency changed, why it stayed the same, etc.
• Other actions taken
2. During the spill reporting process, a spill review meeting is conducted. At this meeting, the sewer senior USW, the sewer supervisor, the environmental supervisor, and the sewer superintendent review the spill packet and the spill review worksheet. The purpose of this meeting is to ensure that all appropriate measures have been performed as necessary to prevent future spills.
8. SSS DOCUMENTATION
In accordance with the WDR, the City shall maintain the following records for each sanitary sewer spill. Records are maintained at the City office. • Records are retained for at least five (5) years
• Records are readily available, either electronic or hard copies, for review by State and/or Regional Water Board staff during onsite inspections or through an information request
• Records retained include:
1. Sewer System Spill report
2. Spill volume estimation worksheet
3. Spill event notification details (WO Request or Hartley)
4. Work orders
5. Spill Review Worksheet
6. Sewer system telemetry records
7. Photographs
1. RESPONSIBILITIES
The First Responder should follow the information outlined in the Spill Packet:
• SERP Instructions
• Responding to a Sewer System Spill (SERP-1)
• Complete the Sewer System Spill Report (SERP-2)
• For notification and reporting, see above
all of which are included in the SERP Appendix
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9. ANNUAL REVIEW
1. The City shall annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed. In February of each year, the City shall conduct a review of the Spill Emergency Response Plan to include:
• Audit and comparison of spills reported/recorded in the City CMMS, the CIWQS system, and spill packets
• A review of the effectiveness of the City’s sewer maintenance program • A review of this document, attached forms, and associated SOPs
10. APPENDIX
1. SSS Packet Cover Sheet
2. Sanitary Sewer Spill Packet Instructions (SERP)
3. Responding to a Sewer System Spill (SERP-1)
4. Sewer System Spill Report (SERP-2)
5. Spill volume calculation worksheet
6. Modesto Public Posting
7. SOP C-7 Sanitary Sewer Maintenance
8. SOP C-10 Spill Response
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VII. SEWER PIPE BLOCKAGE
CONTROL PROGRAM
DATE ISSUED: 4-6-09
DATE REVISED: 6-28-10, 12-30-2014, 08-03-
2017, 02-19-2021, 10-10-2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
1. SEWER PIPE BLOCKAGE CONTROL PROGRAM
The Sewer System Management Plan must include procedures for the evaluation of the Enrollee’s service area to determine whether a sewer pipe blockage control program is needed to control fats, oils, grease, rags and debris. If the Enrollee determines that a program is not needed, the Enrollee shall provide justification in its Plan for why a program is not needed.
The City has determined fats, oils and grease (FOG) is a significant cause of sanitary sewer blockages. FOG is introduced into the sewer system from various sources, including residences, industrial businesses, and restaurants. The City has implemented several programs to reduce the amount of FOG and other pipeblocking substances introduced into the collection system.
The procedures must include, at minimum:
a) An implementation plan and schedule for a public education and outreach program that promotes proper disposal of pipe-blocking substances.
a. The City’s FOG public education outreach program has been fully implemented and is an on-going program. The City performs a number of outreach efforts to inform the public about the problems caused by FOG and other pipe blocking substances and how to reduce or eliminate them. This includes informational inserts included in utility bills and FOG signs on Jet/Vac trucks.
b) A plan and schedule for the disposal of pipe-blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area.
a. The City operates and offers a disposal facility for pipe-blocking substances generated within the sanitary sewer system service area.
c) The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages.
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a. City ordinances prohibiting the discharge of Fats, Oils, and Grease (FOG) and other debris that may cause blockages are found in the following sections of the City of Modesto Municipal Code.
TITLE 5 – SANITATION AND HEALTH
Chapter 6 – Wastewater Collection and Disposal
Article 10 - Discharges of Fats, Oils, and Grease from Food Service Establishments
d) Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, recordkeeping, and reporting requirements. a. City ordinances pertaining to installation and maintenance of grease removal devices, BMPs, record keeping, and reporting requirements are found in the following sections of the City of Modesto Municipal Code.
TITLE 5 – SANITATION AND HEALTH
Chapter 6 – Wastewater Collection and Disposal
Article 10 - Discharges of Fats, Oils, and Grease from Food Service Establishments
b. Maintenance Requirements
Following are guidelines for maintenance at restaurant facilities:
i. Excess oils and grease must be placed in specified grease containers and disposed of properly. There will be no oils and grease poured into the drain. ii. The grease trap, grease interceptor, and/or solids interceptor must be completely cleaned or pumped out as often as necessary to avoid major grease and solids build-up. For grease traps and solids interceptors, ECS recommends the following:
1. Skim grease layer from the grease trap at least once a week.
2. Pump-out the grease trap at least once a month.
3. Clean the solids interceptor frequently
iii. Wastewater from the cleaning of kitchen floor mats must be directed through a gravity separation interceptor and then through the sanitary sewer system.
The maintenance of all grease control devices will be governed under Modesto Municipal Code 5-6.219 Interceptor Maintenance:
1. Any person who owns or operates a gravity separation interceptor shall properly maintain the interceptor at all times. The interceptor shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the interceptor.
An interceptor is not considered to be properly maintained, if for any reason the interceptor is not in good working condition or if the #8..
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operational fluid capacity has been reduced by more than twenty-five (25) percent by the accumulation of floating materials, sediment, oils or greases.
2. The use of chemicals, microbiological agents or other materials for the emulsification, suspension or dissolution of oil and grease is prohibited.
3. When an interceptor is cleaned, the removed sediment, liquid and floating material shall be legally disposed of in a manner other than to the City's collection system, POTW or storm drain. Manifests for the cleaning of the interceptor shall be kept at the same facility as the interceptor and shall be available at all times for inspection.
4. If the interceptor is not maintained adequately under the conditions of use, the interceptor shall be resized and the user shall install one which is effective in accomplishing its intended purpose.
5. The owner and lessee, sub-lessee, proprietor, operator, or superintendent of any facility, required to install an interceptor, are individually and severally liable for any failure to properly maintain such an interceptor. In addition, the following is recommended for complexes that have grease-generating facilities and private sewer lines within their property:
6. When cleaning the sewer lines within the facility, the line must be vacuumed at the junction between the facilities' sewer line and the City's sewer line. This ensures that loosened grease and other constituents does not discharge and/or accumulate into the City's sewer line. The owner or the appropriate representatives shall determine the maintenance schedule of the facilities sewer line(s).
c. BMPs
i. The City’s FOG program uses a balanced approach to address this problem through procedures are designed to ensure compliance during the plan review, permit issuance and inspection processes. The City requires that grease removal devices be installed in certain applications, such as restaurants and other grease-discharging facilities, and these facilities are required to install and maintain a grease interceptor with a minimum capacity of 750 gallons. d. Record keeping and Reporting
i. City ordinance 5-6.1005 – Record Keeping Requirements ii. The responsible person shall be required to keep on the premises and readily available, copies of all bills of lading, receipts and invoices of all cleaning, maintenance, and grease removal from the grease control device, disposal carrier and disposal site location for no less than three (3) years. The responsible person shall, upon request, make the bills of lading, receipts and #8..
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invoices available to the Director, any inspector and/or any enforcement officer. These records may include:
1. An on-site logbook of grease interceptor or grease control device cleaning and maintenance practices.
2. A record of BMPs being implemented, including employee training.
3. Copies of records and bills of lading of waste hauling interceptor contents.
4. Records of sampling data and sludge height monitoring for FOG and solids accumulation in the grease interceptors.
5. Records of any spills and/or cleaning of the private sewer lateral or collection system.
6. Any other information deemed appropriate by the Director to ensure compliance with this chapter.
iii. Mobile food facilities or mobile support units containing FOG in the wastewater shall be required to keep with the units and readily available, copies of all bills of lading, receipts and invoices of all FOG related cleaning, maintenance, and grease removal from the units and disposal site location for no less than one (1) year.
e) Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the fats, oils, and grease ordinance. a. City ordinances pertaining to the authority to inspect grease producing facilities and the City’s enforcement authority are contained in the following section of the City of Modesto Municipal Code.
AUTHORITY TO INSPECT
TITLE 1 – GENERAL PROVISIONS
Chapter 6 – Alternative Remedies
Article 104 - Authority to Inspect
ENFORCEMENT AUTHORITY
TITLE 1 GENERAL PROVISIONS
Chapter 6 – Administrative Remedies
Article 103 – Administrative Enforcement Authority
b. The current (FY24-25) budget adds two additional Environmental Techs to staff the inspection and enforcement of the City’s fats, oils, and grease ordinance. The City will monitor and evaluate the sufficiency and effectiveness of the inspection and enforcement program.
f) An identification of sanitary sewer system sections subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each section. #8..
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a. The City’s cleaning program records line conditions observed during cleaning.
Wastewater Collections adjusts Preventive Maintenance (PM) cleaning schedules based on observed conditions. Additionally, the City utilizes Closed Circuit TV (CCTV) inspections to evaluate pipe segments where stoppages or Spills have occurred due to FOG and/or other factors. These procedures are identified in the following SOPs:
• Standard Operating Procedure (SOP) C-12, Sewer Preventive Maintenance • SOP C-13, Optimizing PMs
• SOP C-7, Sewer Maintenance
• SOP C-16, Sewer Root Control
g) Implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system for each section identified above. a. Inspectors will investigate areas of concern where there is an indication that excess grease is accumulating to determine the source of FOG. If identified, appropriate actions are taken to eliminate the source.
The City of Modesto's Environmental Compliance Section works with the Collections section to identify any problems in the sewer lines that were caused by grease. If Collections identifies a grease problem within the range of an area with any businesses that have the potential to discharge any grease, the problem is reported to the Environmental Compliance Section.
ECS inspectors would then go to the problem area and identify any grease discharging businesses that may have contributed to the problem. Inspectors will investigate areas of concern where there is an indication that excess grease is accumulating to determine the source of FOG. If identified, appropriate actions are taken to eliminate the source or the upgrade of, any grease control device(s).
If the facility has a grease trap or grease interceptor, the facility will have to show maintenance manifests and/or maintenance logs. If a discrepancy is noted, depending on the severity of the grease problem and type of grease collection device present, the facility is given a compliance schedule that would enable them to achieve compliance with current regulations. When a source of FOG is identified through the methods identified above, the City of Modesto, Regulatory Compliance Officer will work with the property owner/business owner to develop a corrective action plan to mitigate the source of FOG using the authority of the afore mentioned City ordinances. #8..
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VIII. SYSTEM EVALUATION AND
CAPACITY ASSURANCE PROGRAM
DATE ISSUED: 4-6-09
DATE REVISED: 6-28-10, 12-30-14, 08-03-2017,
10-23-2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
2. SYSTEM EVALUATION, CAPACITY ASSURANCE AND CAPITAL
IMPROVEMENTS
The Plan must include procedures and activities for:
• Routine evaluation and assessment of system conditions • Capacity assessment and design criteria
• Prioritization of corrective actions
• A capital improvement plan
3. System Evaluation and Condition Assessment
The Plan must include procedures to:
• Evaluate the sanitary sewer system assets utilizing the best practices and technologies available
✓ The City of Modesto regularly inspects the City’s sewer system assets utilizing Closed Circuit TV (CCTV) inspection
equipment. The City’s CCTV program utilizes the latest in CCTV equipment and captures all inspections in a digital format coded in NASSCO Pipeline Assessment Certification Program. • Identify and justify the amount (percentage) of its system for its condition to be assessed each year
✓ The amount of City of Modesto inspections:
• 2023 – 334,437 / 63.34 miles / 9.77 % of total system • 2022 – 183,168’ / 34.69 miles / 5.35 % of total system • 2021 – 195,680 / 37.06 miles / 5.72 % of total system ✓ In 2023, the City of Modesto acquired a second CCTV truck which is reflected in the amount of inspections performed. However, due to on-going staff shortages, the second CCTV truck was not operated full-time.
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✓ The City’s goal is to inspect the entire sewer system every 5 to 7 years, with high priority assets being inspected every one to two years. To achieve this the City needs to inspect between 92 to 129 miles each year. With both CCTV crews fully staffed, this should be achievable.
• Prioritize the condition assessment of system areas that • Hold a high level of environmental consequences if vulnerable to collapse,failure, blockage, capacity issues, or other system deficiencies
• Are located in or within the vicinity of surface waters, steep terrain, highgroundwater elevations, and environmentally sensitive areas
• Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act section 303(d) List ✓ The City of Modesto has created inspection PM routines for all sanitary sewer pipelines within 225’ of surface waters and/or meeting other criteria. The inspection frequency for each asset is dependent on the likeliness of a collapse, failure, blockage, capacity issue, or other system deficiencies. The inspection frequency for each asset should be as follows:
• Likeliness of failure – Inspection Frequency
• High – Annually
• Medium – Every two years
• Low – Every five years
• Assess the system conditions using visual observations, video surveillance and/or other comparable system inspection methods
✓ The City of Modesto performs inspections using several different methods, including:
• CCTV Inspection
• Visual Inspection
• MH Inspection Camera (pole cam)
• Utilize observations/evidence of system conditions that may contribute to exiting of sewage from the system which can reasonably be expected to discharge into a water of the State
✓ The City of Modesto uses various inspection methods to determine the condition of the City’s sewer system. When defects are discovered, the operator creates a work order in the City’s CMMS for a repair. If the operator is unsure if the defect requires repair or not, the operator seeks direction from a senior or supervisor.
• Maintain documents and recordkeeping of system evaluation and condition assessment inspections and activities; and
✓ The City of Modesto utilizes IT Pipes CCTV software for sewer condition assessments. This data is stored on the CCTV truck computer and regularly uploaded to the IP Pipes Web Server. All #8..
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CCTV records are backed up regularly.
• Identify system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; flooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildfires; and increased power disruptions.
✓ The City of Modesto …
4. Capacity Assessment and Design Criteria
The Plan must include procedures to identify system components that are experiencing or contributing to spills caused by hydraulic deficiency and/or limited capacity, including procedures to identify the appropriate hydraulic capacity of key system elements for:
• Dry-weather peak flow conditions that cause or contributes to spill events. ✓ The City of Modesto hydraulic model has confirmed that peak dry-weather flows cannot cause or contribute to a spill event. • The appropriate design storm(s) or wet weather events that causes or contributes to spill events.
✓ The City’s hydraulic model shows that the collection system Peak Wet Weather Flows (PWWF) exceeds the City’s maximum d/D level criteria of 0.85. However, the model also shows that PWWFs would not cause or contribute to a spill.
The City’s hydraulic model uses the City’s 100-year design storm of 2.88” for a 24-hour period.
The City’s hydraulic model shows that a storm event of X” in a 24-hour period would cause a capacity related spill event. • The capacity of key system components; and
• Identify the major sources that contribute to the peak flows associated with sewer spills.
✓ The City of Modesto uses a hydraulic model to evaluate the collection system to determine if a potential hydraulic deficiency exists within the system. Flow monitoring is used to calibrate the hydraulic model. Together, flow monitoring and hydraulic modeling are used to evaluate the capacity of the sanitary sewer system.
✓ The City of Modesto has modeled the sanitary sewer system flows and has identified where hydraulic deficiencies exist. This hydraulic modeling is based on a 10 year/24-hour storm event.
The hydraulic deficiencies, estimates of peak flows, estimates of capacities of key system components and the associated CIPs are described within the Master Plan.
The capacity assessment must consider:
• Data from existing system condition assessments, system inspections, system audits, spill history, and other available information. #8..
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✓ The City’s hydraulic modelers regularly seek input from operations for input on existing condition assessments, system inspections, system audits, spill history, and other available information.
• Capacity of flood-prone systems subject to increased infiltration and inflow, under normal local and regional storm conditions.
✓ The City’s hydraulic model accounts for sources of I&I • Capacity of systems subject to increased infiltration and inflow due to larger and/or higher-intensity storm events as a result of climate change. ✓ The City’s hydraulic model is being updated and several storm scenarios will be run through the model to consider the impacts of larger and/ higher intensity storms. This data is expected to be available mid-2025.
• Increases of erosive forces in canyons and streams near underground and aboveground system components due to larger and/or higher-intensity storm events. ✓ While erosion itself is unlikely to impact system capacity unless the erosion causes a pipe failure, the City is aware of assets susceptible to erosion and has taken measures to protect those assets.
• Capacity of major system elements to accommodate dry weather peak flow conditions, and updated design storm and wet weather events; and ✓ The City’s hydraulic model and prior storms have shown the collection system can accommodate peak dry weather flows. ✓ In addition, the City has reviewed the City’s storm design standards to account for larger and/or higher-intensity storm events related to climate change. This review recommended the City update the 100 year/24 hour storm from 2.88” to 3.18”. This should be incorporated into the City Standards during the next update.
• Necessary redundancy in pumping and storage capacities. ✓ All pumping and storage facilities are designed with redundancy as needed. Those without redundancy do not have a high
consequence of failure.
5. Prioritization of Corrective Action
The findings of the condition assessments and capacity assessments must be used to prioritize corrective actions. Prioritization must consider the severity of the consequences of potential spills.
✓ All defects are prioritized using the NASSCO PACP rating system. Structural defects with a PACP rating of 4 or 5 are referred to the construction team for repair or to Engineering for Capital Improvement.
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6. Capital Improvement Plan
The capital improvement plan must include the following items:
• Project schedules including completion dates for all portions of the capital improvement program.
• Internal and external project funding sources for each project; and Joint coordination between operation and maintenance staff, and engineering staff/consultants during planning, design, and construction of capital improvement projects; and Interagency coordination with other impacted utility agencies
✓ The City of Modesto uses Closed Circuit TV (CCTV) inspection, operator input, flow monitoring, and hydraulic modeling to evaluate the condition of the collection system and ensure adequate capacity. Using this information, the City prepares and continually updates the collection system Capital Improvement Plan (CIP). The City’s CIP program is described within the Wastewater Collection System Master Plan.
✓ The City of Modesto Engineering-Wastewater and Wastewater Collections regularly meet and coordinate during all phases of Capital Improvement Projects.
✓ The City of Modesto also conducts utility coordination meetings that includes other agencies within the Modesto area.
✓ The CIP schedule is associated with the City’s CIP program and the cross-connection removal program. These schedules are continuously reviewed and updated to address changing priorities. ✓ All Wastewater CIPs are fully funded through the City’s Sewer Fund 4210, except for the River Trunk Pump Station, the Sutter Plant Relocation, and the J.M. Pike Park Cross Connection Removal.
• The River Trunk Pump Station and the Sutter Plant
Relocation are expected to be funded through a
combination of the Sewer Fund, SRF loan, and/or
Bonds.
• The Pikes Park Cross Connection Removal project is
funded through the Water Fund, Sewer Fund, and an
SR1 Grant.
✓ Below is the CIP project schedule as of Oct 2024:
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WASTEWATER CIP & NON-CIP PROJECTS
TENTATIVE
BIDDING
PROJECTS IN
DESIGN PHASE
PROJECT
CIP/NONCIP
PM DESIGNER
COM /
CONS
Design Budget
($)
ESTIMATED
Construction ($)
Estimated
Total Project
Budget ($)
%
1 May-24 Woodland Lift
Station
100844 CC/PK 1 $150,000 $2,000,000 $2,690,000 95%
2 July-24 Sonoma Trunk ph 3
& 4
101370/10137
1 PK/CM 1 $75,000 $3,500,000 $4,520,000 95%
3 Sep-24 Codoni Lift Station
Improvements
101090 CM 1 $133,000 $2,000,000 $2,673,000 90%
4 Dec-24 East Morris
Neighborhood
Sewer Replacement
100847 CC/PK 1 $2,354,400 $25,000,000 $34,104,400 70%
5 Feb-25 Encina Serwer Lift
Station Replacement
100998 CM 1 $94,000 $1,750,000 $2,316,500 80%
6 Apr-25 Sewer Trunk Rehab
on Grimes, Mercy
and Woodland
101494 CC/PK 1 $1,000,000 $18,000,000 $23,860,000 5%
7 Jun-25 River Trunk Pump
Station
100646 CC 1 $3,000,000 $80,000,000 $104,600,000 80%
8 Aug-25 River Trunk
Rehabilitation Ph 1
101513 CC/PK 1 $800,000 $2,500,000 $3,975,000 20%
9 Oct-25 2020- 2021 Sewer
Line Replacement
101201 ND 1 $50,000 $1,250,000 $1,637,500 75%
10 Dec-25 La Loma Phase 2 101556 CM 1 $150,000 $7,000,000 $9,040,000 10% #8..
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11 Feb-26 9th Street Storm
Basin
100928 CC 1 $250,000 $2,500,000 $3,425,000 95%
12 Apr-26 Santa Rosa and
Downtown Trunk
Rehabilitation
(Project SR-6 and D1)
101559 CM 1 $400,000 $3,500,000 $4,845,000 0%
13 Jun-26 Downtown Trunk
Rehabilitation
(Project C-3)
101558 CM 1 $400,000 $3,500,000 $4,845,000 0%
14 Aug-26 MCC Replacement 101372 PK 0.5 0.5 $200,000 $1,000,000 $1,470,000 5% 15 Oct-26 SCADA 101292 JO 1 $3,080,000 $12,500,000 $18,955,000 30% 16 Jan-27 RT, ST and SR Ph2
Trunk Rehab
101xxx CM 1 $800,000 $6,500,000 $9,055,000 0%
17 Mar-27 Sutter Plant
Relocation
101565 JO 1 $1,900,000 $100,000,000 $128,900,000 0%
18 TBD Pump Station at
Jennings WWTP
101468 CC 1 $631,000 $3,250,000 $4,758,500 25%
5.5 12.5 $15,467,400 $275,750,000 $365,669,900
Completion
Date
PROJECTS IN
CONSTRUCTION
PHASE
PROJECT
CIP/NONCIP
ESDC
COM /
CONS
ESDC ($) CONSTRUCTION
($) w/
CTGY and CA
Estimated
Total Project
Budget ($)
1 Jan-24 Sonoma trunk
Extension and Lift
Station
100535 CC/PK 1 $590,571 $7,276,290 $7,866,861 99%
2 Oct-27 Facultative Biosolids
Removal
101499 CC 1 $3,000,000 $7,000,000 $10,000,000 5%
3 Mar-24 Sutter Trunk Phase 2 101298 CC/DF 1 $213,000 $6,261,997 $6,474,997 95% #8..
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4 Mar-24 Plant Structural
Improvements
100931 CC 1 $221,647 $3,099,549 $3,321,196 85%
5 Apr-24 Jennings Command
Center & Hahn LS
Restroom
101262 CC 1 $138,000 $743,619 $881,619 99%
6 Aug-24 River Trunk
Shackelford Pump
Station
101290 CC/PK 1 $1,271,178 $22,812,289 $24,083,467 85%
7 Nov-24 River Trunk Gravity
System
101291 CC/PK 1 $1,525,869 $13,067,744 $14,593,613 80%
8 Mar-25 J.M.Pike Cross
Connection Removal
101313 DF 1 $2,000,000 $27,109,987 $29,109,987 0%
9 Dec-24 Corrosion Control
Measures at
Jennings
101092 CC/PK 1 $811,250 $3,000,000 $3,811,250 0%
10 Jan-25 Sutter Plant
Entrance and
Security Updates
100372 CC/PK 1 $600,000 $7,904,850 $8,504,850 5%
11 TBD Jennings Well
Treatment
Improvements
101093 PK 1 $200,000 $1,500,000 $2,105,000 0%
12 TBD West Trunk
Rehabilitation
101094 CC/PK 1 $1,300,000 $21,000,000 $27,970,000 0%
3 7 $10,371,515 $98,276,325 108,647,840
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COM
CON
S
TOTAL
ENGINEERING
TOTAL
CONSTRUCTION
($) w/ CTGY and
CA
TOTAL
PROJECTS
COST
($)
P
PROJECT TOTALS
8.5 19.5 $25,838,915 $374,026,325 $474,317,740
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IX. MONITORING, MEASUREMENT,
AND PLAN MODIFICATIONS
DATE ISSUED: 4-6-09
DATE REVISED: 11-8-2011, 12-30-14,
08-09-2017, 02-12-2019, 1/12/2021, 02/09/2022,
11/14/2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
MONITORING, MEASUREMENT AND PROGRAM MODIFICATIONS
The Plan must include an Adaptive Management section that addresses Plan- implementation effectiveness and the steps for necessary Plan improvement, including:
• Maintaining relevant information, including audit findings, to establish and prioritize appropriate Plan activities.
✓ The City continues to maintain all SSMP audits. The audits help the City identify areas of improvement within the SSMP the implementation of those elements. ✓ The City tracks and maintains data from all maintenance activities and uses this data to establish and prioritize SSMP activities. In 2017, the City upgraded to a new CMMS (Lucity). The Lucity CMMS is used for planning; organizing, recording, tracking, and reporting of all work performed on wastewater and stormwater assets. • Monitoring the implementation and measuring the effectiveness of each Plan Element ✓ The City has fully implemented the SSMP and the reduction in spills is an indication of the effectiveness of the SSMP elements.
✓ The City continually monitors the elements of the SSMP to ensure its effectiveness.
The City currently maintains and evaluates a number of performance indicators used to monitor and manage the SSMP as well as the effectiveness of the sanitary sewer maintenance program. Some of these indicators are listed below:
▪ Number of SSOs per year
▪ % of SSOs by known cause
▪ Total footage of sanitary sewer cleaned
▪ Total footage of sanitary sewer lines inspected (CCTV) • Assessing the success of the preventive operation and maintenance activities. ✓ The City has developed a comprehensive Preventive Maintenance (PM) program that uses field observations from cleaning crews and CCTV crews to update PM frequencies. The #8..
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success of the PM program is determined by the reduction in repeat SSOs and stoppages. ✓ The SSMP audit helps the City update and correct each element as procedures change based on operational needs. The effectiveness of each element is subjective; however, the ultimate measure of the success of the SSMP is the reduction of sanitary sewer spills and the impact of any spills that do occur. The charts and graphs below demonstrate the effectiveness of the City’s adaptive maintenance program. • Updating Plan procedures and activities, as appropriate, based on results of monitoring and performance evaluations.
✓ City staff is constantly evaluating the effectiveness of our SSMP, predictive maintenance program, and preventive maintenance program utilizing adaptive management principles.
• Identifying and illustrating spill trends, including spill frequency, locations and estimated volumes.
✓ The charts and graphs below illustrate the City’s spill trends. # of SSOs
2013 29
2014 11
2015 20
2016 14
2017 6
2018 17
2019 30
2020 10
2021 22
2022 16
2023 15
#8..
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0 5
10 15
20 25
30 35
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
# of SSOs Per Mile
Year
SSO Trending
Mod…
Log.…
-
50,000.00
100,000.00
150,000.00
200,000.00
250,000.00
300,000.00
350,000.00
400,000.00
450,000.00
500,000.00
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Spill Volume By Year
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• Spill Map 2020 – 2023
0 5
10 15
20 25
30 35
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
9 4 34
1 2
8 0
6 1 0
0 0
0 1
0 0
0 0
1 1
0 12
4 8
5 2
8 13
5 3
5 3
0 1
0 1
0 2
1 1
4 1
2 2
0 1 0
0 1
2 0
1 0
2 6
2 8
3 3
4 7
4 7
8 7
Spill Causes
Debris Flow exceeded capacity Grease deposition (FOG)
Other (specify below) Pipe structural problem/failure Root Intrusion #8..
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• Modesto Vs Region 5
o The spill standard is less than 2.0 spills / per 100 miles of sewer/ per year. The average performance within the region is about 10.37 spills / per 100 miles / per year. As shown in the graph below, the City of Modesto collection system experienced 2.16 spills per 100 miles in calendar year 2023. The City of Modesto spill rate for calendar year 2023 was slightly above the standard, but well below the average. #8..
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• Modesto Vs Statewide Average
.
. . . . . . . . .
.
mador i ty
mador a ter ency
nders on i ty
n el s i ty
n och i ty
uburn i ty
ea r alley ea r alley a ter i s trict
rentwood i ty
urney
alavera s nty a ter i s trict
ali ornia epa rtment o orrec ons and ehabili ta on
eres i ty
hico i ty
i ty o eddin
lovi s i ty
ol a i ty
ornin i ty
ounty o res no
avi s i ty
E Ea s t ay
El ora do rri a on i s trict
a ter es ources ept Envi ronmental ol s om i ty
eor e town ivide P
ra s s alley i ty
ri ly a e e s ort mp i s t
an ord i ty rban rea ys tem
idden alley a e
ronhouse ani ta ry i s trict
ac s on i ty
ames town
ern ounty Public or s epa rtment
a e nty
a e roville rea Public li ty i s trict
a eport i ty
a throp i ty
incoln i ty
ive a i ty
ivin s ton i ty
odi i ty
os anos rban rea ys tem
pecial i s tricts adera ounty Public or s epa rtment
anteca i ty
a riposa nty P
a riposa P
erced i ty
odes to i ty
ountain ouse
t ha s ta i ty
urphys
evada i ty
evada o
ewman i ty
livehurs t P
rland i ty
Pa ers on i ty
Placer nty ept o acili ty ervices
Placerville i ty
Plymouth i ty
Portola i ty
ancho urie ta
ed lu i ty
eedley i ty
iverban i ty
oseville i ty
acramento rea ewer i s trict
acramento i ty
e ional an a cramento e iona l ounty a ni ta on i s trict an ndrea s
an oa uin nty P
owler in s elma
outh Placer
toc ton i ty
u er ree i ty
Tracy i ty
Tuolumne i ty
Tuolumne li es i s trict
Turloc i ty
Twain a rte
avi s
erced
ept o the nterior Pa r ervice
acaville i ty P
es t acramento i ty
oodland i ty
uba i ty
pills iles ear
tandard is ess Than . pills per miles per ear
pill s iles ea r vera e tanda rd
#8..
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6.32 2.31
0.00 1.00
2.00 3.00
4.00 5.00
6.00 7.00
Performance Standard
Modesto CS Vs Statewide Average
State Average Modesto CS
#8..
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X. SSMP PROGRAM AUDITS
DATE ISSUED: 4-6-09
DATE REVISED: 10-2-2014, 11-17-
2016, 2-12-2019, 02-23-2021, 5-2-2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
City of Modesto
Sewer System Management Plan (SSMP)
2024 Audit Report
The City evaluates the effectiveness of each element of the SSMP at least every two years and will continue to work with other agencies and groups to identify and implement the best management practices through the SSMP.
The Wastewater Collection System staff completed an internal SSMP audit on Feb 23, 2021. In the last two years, the Wastewater Collection System division has experienced only a few minor changes to operations; these changes are reflected in this audit. The minor changes include supervisory changes and updates to the Monitoring, Measurement, and Program Modifications. All audit findings were corrected prior to the completion of this audit report.
The City of Modesto officially assumed operation of the Empire Sanitary District service area on July 1, 2016.
Upon assuming operations, Wastewater Collections crews cleaned and performed CCTV inspections of the entire Empire sewer system. This work was completed by March 2016.
The City’s CMMS (Lucity) has been fully implemented since 2019 and provides real-time mobile access for all Wastewater Collections crews. This provides crews with instant access to GIS map updates, work history, and emergency work orders. In the last two years, the City has improved and refined the sewer hotspot cleaning program.
The Complimentary Lateral Program assists City of Modesto customers with lower lateral maintenance. Through this program, customers can call the City when they experience a sewer backup and Collections crews will clear the lower lateral using municipal lateral machines. This program helps the customer and encourages our “Call Us First” program. Early notification is essential to preventing an SSO when a stoppage occurs, so this program helps the City meet our SSO reduction goals.
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Element #
Element TitleSub-ElementElement DescriptionDoes the current SSMP meet the requirements of the WDR? What changes are needed to comply with the new WDR?Does this need updating?Was this element updated to meet the requirements of the WDR?Scheduled date for addressing defenciesDate Reviewed Rev
iew
ed
By
1 Goals
1 The goal of the Sewer System Management Plan (Plan) is to provide a plan and schedule to: (1) properly manage, operate, and maintain all parts o the Enrollee’ s sanitary sewer system(s), (2) reduce and prevent spills, and (3) contain and mitigate spills that do occur.
No Combine
into and
goal, add
Regulatory
context,
SSMP
update
schedule,
and add
asset
overview.
Change
goal leng to
SSS.
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
1.1 Regulatory Context The Plan Introduction section must provide a general description of the local sewer system management program and discuss Plan implementation and updates.
No Not
previously
included
Yes, add
new section
Yes, add
new section
11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
1.2 Sewer System Management Plan Update Schedule The Plan Introduction section must include a schedule for the Enrollee to update the Plan, including the schedule for conducting internal audits. The schedule must include milestones for incorporation of activities addressing prevention of sewer spills.
No Not
previously
included
Yes, add
new section
Yes, add
new section
11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
#8..
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1.3 Sewer System Asset OverviewThe Plan Introduction section must provide a description of the Enrollee-owned assets and service area, including but not limited to:
No Not
previously
included
Yes, add
new section
Yes, add
new section
11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• ocation includin county(ies);
No Include in
description
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• ervice area boundary;
Yes Included in
GIS
No No 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• Population and community served;
No Include in
description
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• ystem si e includin total length in miles, length of gravity mainlines, length of pressurized (force) mains, and number of pump stations and siphons; Yes In CMMS
system, but
include in
description
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• tructures divertin stormwater to the sewer system;
No Need to
identify
cross-
connection
s in Lucity
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
#8..
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• ata mana ement systems;
Yes None No No 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• ewer system ownership and operation responsibilities between Enrollee and private entities for upper and lower sewer laterals; Yes None No No 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• Estimated number or percent of residential, commercial, and industrial service connections; No Add to
decription
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
• ni ue service boundary conditions and challenge(s).
No Add to
decription
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Additionally, the Plan Introduction section must provide reference to the Enrollee’ s upto-date map of its sanitary sewer system, as required in section 4.1 (Updated Map of Sanitary Sewer System) of this Attachment Yes Included No No 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
2 Organi
zation2
The Plan must identify organizational staffing responsible and integral for implementing the local Sewer System Management Plan through an organization chart or similar narrative documentation that includes:
5/2
/20
24 #8..
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The name of the Legally Responsible Official as required in section 5.1 (Designation of a Legally Responsible Official) of this General Order; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
The position titles, telephone numbers, and email addresses for management, administrative, and maintenance positions responsible for implementing specific Sewer System Management Plan elements Update
manag
er and
supervi
sor
positio
ns and
add
emails.
Update
Org
chart.
Update Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Organizational lines of authority
Yes,
but
needs
update d
Update
ORG chart
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Chain of communication for reporting spills from receipt of complaint or other information, including the person responsible for reporting spills to the State and Regional Water Boards and other agencies, as applicable. (For example, county health officer, county environmental health agency, and State Office of Emergency Services.) Yes,
but
needs
update
SSS
chain
of
commu
nicatio
n and
COC
flow
chart.
Update Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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3 Legal Authority
3 The Plan must include copies or an electronic lin to the Enrollee’ s current sewer system use ordinances, service agreements and/or other legally binding procedures to demonstrate the Enrollee possesses the necessary legal authority to:
No Plan does
not include
links or
copies
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Prevent illicit discharges into its sanitary sewer system from inflow and infiltration (I&I); unauthorized stormwater; chemical dumping; unauthorized debris; roots; fats, oils, and grease; and trash, including rags and other debris that may cause blockages; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Collaborate with storm sewer agencies to coordinate emergency spill responses, ensure access to storm sewer systems during spill events, and prevent unintentional cross connections of sanitary sewer infrastructure to storm sewer infrastructure; No Add storm
Collaborati
on
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Require that sewers and connections be properly designedand constructed; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Ensure access for maintenance, inspection, and/or repairs for portions of the service lateral owned and/or operated by the Enrollee; Yes No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Enforce any violation of its sewer ordinances, service agreements, or other legally binding procedures; Yes,
but
need
to
update
lang
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Obtain easement accessibility agreements for locations requiring sewer system operations and maintenance, as applicable Yes,
but
need
to
researc
h
Empire
San.
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
4 Operation and Maintenance Program
4 The Plan must include the items listed below that are appropriate and applicable to the Enrollee’s system. 5/2
/20
24 4.1
Updated Map of Sanitary Sewer SystemAn up-to-date map(s) of the sanitary sewer system, and procedures for maintaining and providing State and Regional Water Board staff access to the map(s). The map(s) must show gravity line segments and manholes, pumping facilities, pressure pipes and valves, and applicable stormwater conveyance facilities within the sewer system service area boundaries.No, current
maps
do not
show
Empire
area
storm.
Board
does
not
have
access
to
current
maps
Update
Empire
storm
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
4.2 Preventive Operation and Maintenance Activities A scheduling system and a data collection system for preventive operation and maintenance activities conducted by staff and contractors. The scheduling system must include: • nspection and maintenance activities; • i her-frequency inspections and maintenance of known problem areas, including areas with tree root problems; • e ular visual and closed- circuit television (CCTV) inspections of manholes and sewer pipes. The data collection system must document data from system inspection and maintenance activities, including system areas/components prone to root-intrusion potentially resulting in system backup and/or failure.
Yes,
but
need
to
update
mainte
nance
activity
descrip
tion
Update
SOP
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
4.3 Training In-house and external training provided on a regular basis for sanitary sewer system operations and maintenance staff and contractors. The training must cover:• The re uirements o this General Order;• The Enrollee’ s pill Emergency Response Plan procedures and practice drills;• illed estimation o spill volume for field operators; and• Electronic CIWQS reporting procedures for staff submitting data.
No,
need
additio
nal
Genera
l Order
trainin g
Better
define
training
Yes Yes 11/
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BE,
AG,
JA,
JD,
AG,
CS,
KB
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4.4 Equipment Inventory An inventory of sewer system equipment, including the identification of critical replacement and spare parts.
Yes,
but
update
needed
,
include
lateral
equip
ment,
and
pump
mecha
nics
and
electric
al.
Update
equipment
list
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
5 Design and Performance Provisions
5 The Plan must include the following items as appropriate and applicable to the Enrollee’s system:
5/2
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24 5.1
Updated design criteria, and construction standards and specifications, for the construction, installation, repair, and rehabilitation of existing and proposed system infrastructure components, including but not limited to pipelines, pump stations, and other system appurtenances. If existing design criteria and construction standards are deficient to address the necessary component-specific hydraulic capacity as specified in section 8 (System Evaluation, Capacity Assurance and Capital Improvements) of this Attachment, the procedures must include component-specific evaluation of the design criteria.
Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
5.2 Procedures and Standards Procedures, and standards for the inspection and testing of newly constructed, newly installed, repaired, and rehabilitated system pipelines, pumps, and other equipment and appurtenances Testing
and
inspect
ion
standar
ds
need
to be
update
d and
include
d
Add testing
standards
Yes Yes 11/
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024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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6 Spill Emergency Response Plan
6 The Plan must include an up to date Spill Emergency Response Plan to ensure prompt detection and response to spills to reduce spill volumes and collect information for prevention of future spills. The Spill Emergency Response Plan must include procedures to:
5/2
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24 Notify primary responders, appropriate local officials, and appropriate regulatory agencies of a spill in a timely manner; Yes none No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Notify other potentially affected entities (for example, health agencies, water suppliers, etc.) of spills that potentially affect public health or reach waters of the State; Yes none No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Comply with the notification, monitoring and reporting requirements of this General Order, State law and regulations, and applicable Regional Water Board Orders; Yes none No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Ensure that appropriate staff and contractors implement the Spill Emergency Response Plan and are appropriately trained; Yes none No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Address emergency system operations, traffic control and other necessary response activities; Review
SOP C-
10?
Review SOP No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Contain a spill and prevent/minimize discharge to waters of the State or any drainage conveyance system; Yes
SOP
None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Minimize and remediate public health impacts and adverse impacts on beneficial uses of waters of the State; Yes None see
SOP C-9
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Remove sewage from the drainage conveyance system;
Yes None see
SOP C-10
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Clean the spill area and drainage conveyance system in a manner that does not inadvertently impact beneficial uses in the receiving waters; Yes None see
SOP C-11
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Implement technologies, practices, equipment, and interagency coordination to expedite spill containment and recovery; Yes None see
SOP C-12
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Implement pre- planned coordination and collaboration with storm drain agencies and other utility agencies/departments prior, during, and after a spill event; No Implement
new SOP
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Conduct post-spill assessments of spill response activities; Yes None, see
SOP C-11
No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Document and report spill events as required in this General Order; and Yes See SOP C-
11 No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Annually, review and assess effectiveness of the Spill Emergency Response Plan, and update the Plan as needed Yes Updte SOP C-11No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
7 Sewer Pipe Blockage Control Program
7 The Sewer System Management Plan must include procedures for the evaluation of the Enrollee’ s service area to determine whether a sewer pipe blockage control program is needed to control fats, oils, grease, rags and debris. If the Enrollee determines that a program is not needed, the Enrollee shall provide justification in its Plan for why a program is not needed. The procedures must include, at minimum:
5/2
/20
24 An implementation plan and schedule for a public education and outreach program that promotes proper disposal of pipe- blocking substances; Yes,
but
need
to
include
plan
and
schedu
le
Add plan
and
schedule
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
A plan and schedule for the disposal of pipe- blocking substances generated within the sanitary sewer system service area. This may include a list of acceptable disposal facilities and/or additional facilities needed to adequately dispose of substances generated within a sanitary sewer system service area; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
The legal authority to prohibit discharges to the system and identify measures to prevent spills and blockages; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Requirements to install grease removal devices (such as traps or interceptors), design standards for the removal devices, maintenance requirements, best management practices requirements, recordkeeping and reporting requirements; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Authority to inspect grease producing facilities, enforcement authorities, and whether the Enrollee has sufficient staff to inspect and enforce the fats, oils, and grease ordinance; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
An identification of sanitary sewer system sections subject to fats, oils, and grease blockages and establishment of a cleaning schedule for each section; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Implementation of source control measures for all sources of fats, oils, and grease reaching the sanitary sewer system for each section identified above.
Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
8 System Evaluation
and Capacity
Assurance and
Capital
Improvements
8 The Plan
must
include
procedure
s and
activities
for:
5/2
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24 Routine evaluation and assessment of system conditions; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Capacity assessment and design criteria;
Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Prioritization of corrective actions; and
Yes,
review
SOP
None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
A capital improvement plan.
Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
8.1 System Evaluation and Condition Assessment The Plan must include procedures to:
Evaluate the sanitary sewer system assets utilizing the best practices and technologies available Yes New SOP? Yes Yes 11/
2/2
024
5/2
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24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Identify and justify the amount (percentage) of its system for its condition to be assessed each year Yes New SOP? Yes Yes 11/
2/2
024
5/2
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24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Prioritize the condition assessment of system areas that: Hold a high level of environmental consequences if vulnerable to collapse, failure, blockage, capacity issues, or other system deficiencies; Are located in or within the vicinity of surface waters, steep terrain, high groundwater elevations, and environmentally sensitive areas; Are within the vicinity of a receiving water with a bacterial-related impairment on the most current Clean Water Act section 303(d) List; No,
need
to
update
to
include
enviro
areas
Update
SOP
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Assess the system conditions using visual observations, video surveillance and/or other comparable system inspection methods; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Utilize observations/evidence of system conditions that may contribute to exiting of sewage from the system which can reasonably be expected to discharge into a water of the State; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Maintain documents and recordkeeping of system evaluation and condition assessment inspections and activities; and Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Identify system assets vulnerable to direct and indirect impacts of climate change, including but not limited to: sea level rise; flooding and/or erosion due to increased storm volumes, frequency, and/or intensity; wildfires; and increased power disruptions.
No,
need
to
evaluat e
Update
SOP
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
8.2 Capacity Assessment and Design Criteria The Plan must include procedures to identify system components that are experiencing or contributing to spills caused by hydraulic deficiency and/or limited capacity, including procedures to identify the appropriate hydraulic capacity of key system elements for:
RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Dry-weather peak flow conditions that cause or contributes to spill events; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
The appropriate design storm(s) or wet weather events that causes or contributes to spill events; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
The capacity of key system components;
Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Identify the major sources that contribute to the peak flows associated with sewer spills Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
The
capa
city
asse
ssm
ent
mus
t
cons
ider:
Data from existing system condition assessments, system inspections, system audits, spill history, and other available information; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Capacity of flood-prone systems subject to increased infiltration and inflow, under normal local and regional storm conditions; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Capacity of systems subject to increased infiltration and inflow due to larger and/or higher-intensity storm events as a result of climate change; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Increases of erosive forces in canyons and streams near underground and aboveground system components due to larger and/or higher- intensity storm events; Yes Update
SOP
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Capacity of major system elements to accommodate dry weather peak flow conditions, and updated design storm and wet weather events; and Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Necessary redundancy in pumping and storage capacities.
Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
8.3 Prioritization of Corrective Action The findings of the condition assessments and capacity assessments must be used to prioritize corrective actions. Prioritization must consider the severity of the consequences of potential spills.
No, we
need
to add
to SOP
Update
SOP
Yes Yes 11/
2/2
024
5/2
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24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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8.4 Capital Improvement Plan The capital improvement plan must include the following items:
RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Project schedules including completion dates for all portions of the capital improvement program; No Update CIP Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Internal and external project funding sources for each project; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Joint coordination between operation and maintenance staff, and engineering staff/consultants during planning, design, and construction of capital improvement projects; and Interagency coordination with other impacted utility agencies.
Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
9 Monitoring,
Measurement, and
Program
Modifications
9 The Plan must include an Adaptive Management section that addresses Planimplementationeffectiveness and the steps for necessary Plan improvement, including:
Maintaining relevant information, including audit findings, to establish and prioritize appropriate Plan activities; Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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Monitoring the implementation and measuring the effectiveness of each Plan Element; No Update
SOP
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Assessing the success of the preventive operation and maintenance activities; Yes Update
SOP
Yes Yes 11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Updating Plan procedures and activities, as appropriate, based on results of monitoring and performance evaluations; and Yes None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Identifying and illustrating spill trends, including spill frequency, locations and estimated volumes Yes,
need
to train
Update
SOP
Yes, include
training
schedule
Yes, include
training
schedule
11/
2/2
024
5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
1 0
Internal Audits
10 The Plan shall include internal audit procedures, appropriate to the size and performance of the system, for the Enrollee to comply with section 5.4 (Sewer System Management Plan Audits) of this General Order.
Yes None Update
Element
Update
Element
11/
2/2
024
5/2
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24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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1 1
Communication Program
11 The Plan
must
include
procedure
s for the
Enrollee to
communic
ate with
The public for: Spills and discharges resulting in closures of public areas, or that enter a source of drinking water, and The development, implementation, and update of its Plan, including opportunities for public input to Plan implementation and updates.
No None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
Owners/operators of systems that connect into the Enrollee’ s system, including satellite systems, for: System operation, maintenance, and capital improvement- related activities No None No No 5/2
/20
24 RE,
BE,
AG,
JA,
JD,
AG,
CS,
KB
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XI. COMMUNICATION PROGRAM
DATE ISSUED: 4-6-2009
DATE REVISED: 11-16-2011, 12-30-2014,
08/10/2017, 11/26/2024
WASTEWATER COLLECTIONS APPROVED BY: Robert Englent
The Plan must include procedures for the Enrollee to communicate with:
• The public for:
o Spills and discharges resulting in closures of public areas, or that enter a source of drinking water, and
▪ The City’s Spill Emergency Response Plan includes procedures for notification and communication with local entities in the event of a spill, including • City of Modesto Water Division 209-342-2246
• Stanislaus County Public Works 209-525-4310
• Stanislaus County Environmental Health 209-525-6700
▪ The City’s Spill Emergency Response Plan also contains procedures for public area posting and closures due to sewer spills. Public area closures are coordinated with the Stanislaus County Environmental Health Department.
o The development, implementation, and update of its Plan, including opportunities for public input to Plan implementation and updates
▪ The City of Modesto regularly communicates with customers and performs outreach to the public, stakeholders, and satellite agencies.
▪ The SSMP is posted on the City’s website and an email link is provided for comments and input concerning the development, implementation, and performance of the SSMP.
▪ In addition, the public is provided an opportunity to comment on the SSMP when the SSMP is updated and adopted by the City Council.
▪ The City performs continuous outreach with our “Call Us First” program. This includes truck wraps, door hangers, and mailers.
• Owners/operators of systems that connect into the enrollee’s system, including satellite systems, for:
o System operation, maintenance, and capital improvement-related activities; ▪ The City of Modesto’s primary customers are the residents, industrial, and commercial customers that connect to the sewers within Modesto. However, a portion of the City of Ceres is connected to the City of Modesto sewer system. ▪ The responsible party for the City of Ceres is:
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• City of Ceres-Wastewater Systems Supervisor: Terry Turner Phone: (209) 538-3269
Email: [email protected]
• Empire Sanitary District – The City of Modesto assumed all responsibility for the operation and maintenance of the Empire Sanitary District’s (District) service area on July 1st, 2016. The District Board has formally dissolved and the City of Modesto is now the ex officio board of the District. All District assets have been added to the City’s CMMS and are now considered part of the same wastewater collection system.
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City of Modesto SSMP Change Log
Date Updated Plan Element Change Comments Approved
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Utilities Department/Wastewater Division
Standard Operating Procedure
Procedure Name: C-10 Sanitary Sewer Spills
Summary
The City responds to SSSs and other sewer emergencies according to the Spill Emergency Response Plan (SERP). This plan describes the different components that make up the SERP. The SERP references several other SOPs including this one. Together they describe internal and external notification procedures, and spill response procedures.
Effective Date
Jan, 28 2014
Scope
The purpose of this SOP is to provide specific guidelines for Sanitary Sewer Overflow (SSS) containment, clean-up, and spill volume estimation. This SOP does not include notification procedures.
Guidelines/Authority
SSS response and spill mitigation are required by the California State Water Resources Control Board Order WQ 2022-0103-DWQ Statewide Waste Discharge Requirements.
These requirements and this SOP are incorporated in the City’s Sewer System Management Plan (SSMP).
To Be Used By:
This SOP is to be used by all Wastewater Division employees at the City of Modesto.
Checklist/Procedures
1. GENERAL INSTRUCTIONS
a. DON’T PANIC!
b. When responding to an SSS, you need to work quickly to contain the spill, relieve the stoppage, and clean the spill.
c. A supervisor or the manager should always be contacted and informed of the spill. In the event the spill reaches surface waters or is over 1,000 gals, a supervisor must be contacted as soon as possible.
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d. Remember pictures must be taken throughout the spill event and attached to the SSS record. Each SSS must include the following pictures:
• Pictures and GPS of:
1. location where spill originated
2. If multiple appearance points, points closest to spill origin
• Pictures of:
1. Extent of the spill spread
2. Location of spill cleanup
3. The following if applicable
a. Drainage conveyance (storm) system entry
points
b. Discharge point into surface waters
c. Waterbody bank erosion
d. Floating matter
e. Water surface sheen (potentially from oil or
grease)
f. Discoloration of receiving water
g. Impact to the receiving water
e. The on-site Customer Service operator or the main Standby operator is responsible for determining if an SSS is occurring, who is responsible for the SSS (the City, County, or a private party), and the completion of the following steps.
2. FIRST STEP – CONTAINMENT
The first step is containment, if possible. Containment is not always possible or practical, but if it is practical, the operator should attempt to contain the spill. Note: during an active spill, the greater the volume of flow, the less likely containment will be practical. If containment is not practical, move to clearing the stoppage. Containment procedures include:
a. Place rubber mats over catch basin or inlet
b. Sandbag the gutter and/or catch basin, use sandbags and plastic sheeting
c. Dig an earthen trench or build a berm
d. Trace sewer flow within storm system. Follow sewer downstream until non-contaminated water is observed. Use sandbags or dirt to build berm in pipe to contain flow.
e. If the spill has reached a storm detention basin or pump station, contact the pump crew and turn off pumps (if possible). f. Take a picture of the spill appearance point, i.e. the maintenance hole or clean-out.
3. SECOND STEP – CLEAR THE STOPPAGE
Depending on the volume of flow and the expectation of containment, this might be your first step. If containment is not the practical first step, after the stoppage has been cleared, attempt to contain any flowing sewage.
To clear the stoppage, follow the procedures for clearing a stoppage contained within the Sewer Maintenance SOP.
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4. THIRD STEP- ESTIMATE SPILL VOLUME
After the stoppage has been relieved and before the clean-up begins, the first responder needs to estimate the spill volume that has been contained. This is performed by considering each area where sewage is contained separately, then adding the estimated amounts for each area. a. AREA ESTIMATION
• Open the Spill Estimator app on your tablet and enter the required inputs to determine the spill volume. The methods below provide are used when manually computing spill
volumes.
• If the area is roughly square or rectangular estimate the volume by measuring the length and the width (in feet).
Measure the depth in several places to obtain an average depth.
For example:
Depth Location Depth
Measurement
(in feet)
Depth #1 .3
Depth #2 .5
Depth #3 .25
Depth #4 .75
Depth #5 .5
Average = Depth #1 + #2 + #3 + #4 + #5
Divided by the number of depth
measurements (in this case 5)
Average
depth = .46
Volume = length X width X height
Volume of a circle = diameter X diameter X .785 X depth #8..
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Total spill volume in gallons = volume in cubic feet X 7.48 • If the area where the spill is contained is in the curb and gutter, you determine the spill volume by using the following formula;
Volume in gals = length X width X average depth (obtained the same way as above) X 3.74
b. ESTIMATING SPILL VOLUME USING FLOW RATES
• Spill volumes can be calculated based on observed flow rates.
By observing overflowing maintenance holes and comparing to known overflow reference charts, the first responder can establish an estimated Gallon per Minute (GPM) overflow rate. Once the overflow rate is established, the operator simply needs to estimate the length of time the overflow occurred.
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5. FOURTH STEP – CLEAN-UP SPILL
a. SPILL IS FULLY CONTAINED
• If the spill is fully contained, vacuum all sewage and wash down all hard surfaces and pipelines using potable water. • If the spill has been partially absorbed by soils, the soil should be removed and replaced as necessary and practical. • If the spill was contained within gravity storm pipelines, all water shall be removed and returned to the sewer. If there is too much water to vacuum, use pumps as necessary.
• The total spill volume will be the volume recovered.
b. SPILL IS DISCHARGED TO A ROCKWELL
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• If the spill is discharged to a rockwell, vacuum all debris from the rockwell and wash all surface areas with potable water.
• The rockwell should be flushed with potable water.
• If the spill discharged to a rockwell, calculate any spill volumes contained and recovered using the methods above. c. SPILL IS DISCHARGED TO A BASIN
• If the spill is discharged to a basin, turn off all pumps (if any).
• If spill occurs during a storm event and shutting off pumps will cause property damage, leave pumps on, but try to
capture as much of the spill as possible. (Note: if spill is not fully contained within the storm basin, use discharged to surface water.)
• If the basin contains a large volume of water, it may be necessary to use portable pumps to pump the water to the sewer.
• All surface areas and pipelines shall be washed with potable water.
• If the spill is contained within a basin and returned to sewer, i.e. the pumps were turned off and portable pumps were used to pump to sewer, the spill is considered fully contained and the volume recovered is equal to the volume spilled. When using this method it is important to use a generous amount of water to flush any pipes and the basin.
d. SPILL IS DISCHARGED TO SURFACE WATER
• If the spill is discharged to surface water, a supervisor or the manager must be contacted.
• If the spill is discharged to surface water, an attempt should still be made to capture as much of the spill as possible. • All surface areas shall be rinsed with potable water while vacuuming to capture rinse water.
• All pipelines shall be cleaned and vacuumed of any spill residue.
• Clean-up crews shall work with Environmental Compliance to install public health warnings.
• If the spill discharged to surface water, calculate any spill volumes contained on the surface or within a basin using the methods above, and subtract from volume spilled.
6. FIFTH STEP – COMPLETE SSS REPORT FORMS
Once the spill has been cleaned-up, the SSS event must be documented.
Within the Lucity Mobile App, locate the sanitary sewer line where the failure occurred. Using the selection tool (make sure you have right “Feature Type” selected), highlight the sewer line where the failure occurred. After the line is selected, click on the hardhat to create a work order. Fill-out the work order using the following codes:
• Category – SWCGM (if this is a mainline stoppage) or SWCLG (if this is a private lateral stoppage)
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• Problem – SWCP70 Overflow or SWCP71 Overflow (Private) (if this was a private overflow)
• Main Task – SWCT18 – Flush / Clean
• Action Taken – 2 Cleaned/Cleared
Then complete the remaining fields:
• Assigned Crew
• Senior Utility Worker
• Operator in Charge
• Findings
• Any comments
• Start and End dates and times
Then save the work order. After the work order has been saved, open the red “toolbox”. Within the available tools and under the “Sewer” heading, click on “Create Sewer Overflow.” The overflow record will create in a ‘field’ view; click on the SSS record to open. These forms need to be filled in as completely as possible.
When the SSS record has been filled out and saved, attach all before and after spill photos.
Enter the SSS Status
Enter the SSS location information
This section is completed by the
Customer Service or Standby person
responding to call
This section is completed by the
Customer Service or Standby person
responding to call
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OPEN SSS PACKET
Open the SSS packet and follow the instructions and complete the SERP-2 form Field crews turn in the SSS Packet to the Senior USW assigned to sewer.
7. SIXTH STEP – OTHER SSS RESPONSE WORK ORDERS
a. Stoppage Work Order
Crews responding to SSSs will note the Stoppage by indicating the line segment of the stoppage and the “Primary” cause of the stoppage. b. Clean-up Work Order
On a separate work order, crews will indicate the SSS clean-up by creating a work order for each Rockwell, storm maintenance hole, and storm line segments where clean-up activities were performed.
Attachments
<<List any attachments referenced in the SOP. Samples of actual e-mails, correspondence or examples are helpful to orient anyone reading the document.>> Approving Authority/Revision Information
SOP Sponsor Name: Robert Englent
SOP Owner Name/Position: Robert Englent, Wastewater Collection System Superintendent
Revision Date: August 23, 2023
Next Review/Revision Date: August 23, 2024
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 24, 2025
Date: March 13, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Steve Christensen, Office of Performance Management & Budget Director SUBJECT: Fiscal Year 2024-25 General Fund Mid-Year Update Report CONTACT: Steve Christensen, Office of Performance Management & Budget Director, [email protected], 209-577-5390
DESCRIPTION:
Consider the informational Fiscal Year 2024-25 General Fund Mid-Year Update Report and recommended adjustments to the major General Fund revenues and expenditures and forwarding to Council for acceptance and approval. (Funding Source: General Fund).
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2020-2025 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
Periodically, the Budget Division in the Office of Performance Management & Budget presents updates to the Finance Committee and Council on the status of the General Fund. This update often includes recommended adjustments to the Annual Operating, Capital Improvement and Multi-year Project budgets. The purpose of the update is to summarize financial results through the mid-year and to present any recommended adjustments to the Operating Revenue and Expenditure budgets as needed. In addition, the update will highlight any potential issues, concerns, or items of interest, as needed.
DISCUSSION:
The attached Fiscal Year 2024-25 General Fund Mid-Year Update report focuses on the performances of the City’s General Fund major revenue sources, as well as the various expenditures across the operating departments. The revenue data gathered through February 28, 2025, begins to show important trends in the revenue and expenditure data which has provided important insight into the projections that are described within the report pertaining to the General Fund’s fiscal year-end.
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Finance Committee, March 24, 2025
Fiscal Year 2024-25 General Fund Mid-Year Update Report
To date, the General Fund has receipted 54% of the budgeted revenues through February 28, 2025. This is slightly behind the normal rate of receipts at this time of the year for the General Fund when compared to the prior fiscal year. In the prior year, 56% of the revenues had been receipted through February of 2024.
Another contributing factor to the lower total receipt of revenues is the lag time that is experienced in the Sales Tax category. Sales Tax is receipted two months in arrears. This means that the revenue received for the month of February will reflect actual sales tax receipts for the month of December 2024. In terms of the overall percentages shown in the attached report, this lag time contributes to some of the delay in revenues being receipted.
Details about each major revenue category can be found within the report. Major revenues are showing an overall decrease of $2.07 million. This is mainly due to a large projected decrease in the Sales Tax category as this area is being heavily impacted by changes in spending behaviors and the prolonged inflation which is making its impact shown on the local economy. The large drop in Sales Tax was offset by modest increases to many of the other major revenue categories that are being projected for the remainder of the fiscal year. These include Property Taxes, Utility Users Tax, and Business License/Mill Tax.
When compared to the total amount expended as a percentage, overall expenditures show that the City departments are slightly behind in their expenditure budgets. Additionally, the General Fund has expended 66% of the total expense budget. This is slightly lower than the expected amount of 67% for this point in the fiscal year. However, there are contributing factors associated with the 1% difference as indicated. The primary reason for the variance is caused by vacant positions resulting in salary savings across several General Fund departments:
Parks, Recreation and Neighborhoods Department, the Police Department, and the Community and Economic Development Department.
FISCAL IMPACT:
This item contains multiple recommendations from staff to increase and decrease major General Fund revenue categories to correspond with the estimated projections for the fiscal year-end. The recommended revenue increases/decreases are as follows:
Account - Description Current Budget
Increase/
(Decrease) Revised Amount Category
41101 - Property Taxes - CY Secured Taxes $ 20,507,107 $ 656,203 $ 21,163,310 Property Tax - Property 41111 - Property Taxes - CY Unsecured $ 981,157 $ 73,533 $ 1,054,690 Property Tax - Property 42157 - Intergov - State - VLF Swap Adjustment $ 23,059,188 $ 262,016 $ 23,321,204 Property Tax - VLF Swap 41201 - Sales and Use Taxes $ 41,004,883 $ (4,455,883) $ 36,549,000 Sales Tax 41203 - Utility Users Tax $ 22,105,000 $ 602,614 $ 22,707,614 Utility Users Tax 41204 - Transient Occupancy Tax $ 3,045,930 $ (71,114) $ 2,974,816 Transient Occupancy Tax 41402 - Business License Tax - Mill Tax $ 15,045,281 $ 798,768 $ 15,844,049 Business License/Mill Tax 41406 - Cannabix Tax $ 3,859,148 $ (552,642) $ 3,306,506 Cannabis Tax 42121 - Intergov - State - Motor Vehicle License Fee $ 443,591 $ 63,591 $ 507,182 Motor Vehicle Fees Grand Totals $ 130,051,285 $ (2,622,914) $ 127,428,371 The total recommended increases/decreases across the major General Fund revenues have a net decrease impact in the amount of $2,622,914 for Fiscal Year 2024-25 and are explained in more detail in the Fiscal Year 2024-25 Mid-Year General Fund Update report. #9..
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Finance Committee, March 24, 2025
Fiscal Year 2024-25 General Fund Mid-Year Update Report
No increases/decreases are being recommended for General Fund expenditure budgets at this time. However, staff will continue to monitor the General Fund expenditure budget and will bring any changes of note to Council via the monthly budget adjustment process.
RECOMMENDED COMMITTEE ACTION:
Staff Recommendation:
Motion accepting the informational Fiscal Year 2024-25 General Fund Mid-Year Update Report and recommended adjustments to the major General Fund revenues and expenditures and forwarding to Council for acceptance and approval.
Approved by:
Joseph P. Lopez, City Manager
Attachments:
1. Fiscal Year 2024-25 General Fund Mid-Year Update
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FISCAL YEAR 2024-25
MID-YEAR GENERAL FUND
UPDATE REPORT:
The Mid-Year General Fund Update Report is created by the Office of Performance Management & Budget (OPMB) - Budget Division through the direction of the City Manager to provide a general update concerning the health of the City’s General Fund as well as any adjustments to its revenues and/or expenditures. Information contained within this report seeks to provide data on the performance of the General Fund as the revenues are collected, and the expenditures continue through February of the current fiscal year.
Please note that the expenditures and revenues reported herein are through February 28, 2025, and may not reflect final figures for the month.
Created by the
OPMB - Budget
Division
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Fiscal Year 2024-25 General Fund Mid-Year Update
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General Fund Revenues
(Overview)
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Fiscal Year 2024-25 General Fund Mid-Year Update
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eneral Fund revenues are classified into three categories: tax revenues, fee revenues, and other departmental revenues. Through February 28, 2025, the total General Fund revenues receipted are $104.2 million or approximately 54% of the total budgeted revenues for Fiscal Year 2024-25. This is slightly behind the normal rate of receipts at this time of the year for the General Fund. For comparison, at the same time last fiscal year, the City had received 56% of the total budgeted revenues (approximately $103.5 million). The main reason for the lag in terms of the percent received at this point in the fiscal year is due to the prolonged inflation and the effects that are starting to be seen at the local levels, particularly in the Sales Tax category. Some of the decline in the percentage of receipts is due to the typical lag in terms of the timing of receipts in revenues for sales tax and timing of larger payments for Franchise Fees and Utility Users Tax, but the impacts on spending habits are starting to be seen and will be shown in the monthly Sales Tax receipt comparison in that respective section.
The revenues received to date are spread across all three major revenue types and are broken down further in the chart below: Category Current Budget Actuals (as of Feb 28, 2025) Amount Outstanding % Received to Date Tax Revenues: Property Tax - Property $ 22,870,264 $ 13,849,556 $ 9,020,708 61% Property Tax - VLF Swap $ 23,059,188 $ 11,660,602 $ 11,398,586 51% Sales Tax $ 41,004,883 $ 18,386,122 $ 22,618,761 45%
Utility Users Tax $ 22,105,000 $ 13,128,986 $ 8,976,014 59% Transient Occupancy Tax $ 3,514,400 $ 1,979,320 $ 1,535,080 56% Business License/Mill Tax $ 17,055,056 $ 8,905,372 $ 8,149,684 52% Cannabis Tax $ 3,859,148 $ 1,919,775 $ 1,939,373 50%
Total Tax Revenues $ 133,467,939 $ 69,829,733 $ 63,638,206 52% Fee Revenues: Franchise Fees $ 6,161,300 $ 1,582,855 $ 4,578,445 26% Motor Vehicle Fees $ 415,000 $ 443,591 $ (28,591) 107% Construction Revenues $ 2,584,959 $ 1,699,852 $ 885,107 66% Total Fee Revenues $ 9,161,259 $ 3,726,298 $ 5,434,961 41% Other Revenues: Departmental Revenues $ 39,958,369 $ 30,627,029 $ 9,331,340 77% Measure H (General Fund Budget Structural Deficit) $ 8,164,984 $ - $ 8,164,984 0% Transfers In $ 1,665,597 $ - $ 1,665,597 0%
Total Other Revenues $ 49,788,950 $ 30,627,029 $ 19,161,921 62% Total Revenues $ 192,418,148 $ 104,183,060 $ 88,235,088 54% *Please note that Departmental Revenues category includes an amount of $5.8M in revenue for the Oakdale Fire Contract, $7.9M in revenue for the Ceres Fire Contract, $404K in revenue for Stanislaus Consolidated Fire contract, $383K in revenue for Turlock Fire contract, and $1.9M in revenue for Salida Fire contract which are all used to pay for offsetting expenditures.
Tax Revenues
Tax revenues represent 69.4% of the total General Fund operating revenue budget at $133.5 million of the total $192.4 million revenue operating budget for Fiscal Year 2024-25. As of February 28, 2025, $69.8 million of the budgeted $133.5 million has been received to date. This represents approximately 52% of the tax revenue budget being received. This is on target for this point-in-time during the year. Sales Tax is lower coming in lower overall than what was anticipated when the budget was adopted and is being impacted by the local economy and what is occurring with sustained inflation and increased prices on goods and services. This is being somewhat offset at this time with the increase Property Tax revenue that continues to be realized due to continued increased assessed valuations on home sales.
G
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Fee Revenues
Fee Revenues represent 4.8% of the total General Fund operating revenue budget at $9.2 million of the total $192.4 million revenue operating budget for Fiscal Year 2024-25. Many of the fee revenues are generated from Franchise Fees which are collected as “rent” paid for the use of public right of way. These are negotiated costs to allow utility companies (telecommunications, natural gas, garbage, etc.) to access structures like transmission towers, sewage systems, and roads. The City collects approximately $6.16 million in franchise fees annually. Through February 28, 2025, $1.6 million has been collected in this revenue category (26% of the budgeted amount). This amount is behind what is expected for this time of the year due to a timing of a payment in the Garbage Franchise Fee category. The payment is expected to come in the month of March/April and is anticipated to get this revenue category back on track with estimated budget amounts.
Construction Revenues
Construction revenues are a sub-category of Fee Revenues and include all revenues collected in the Building Safety Division and the Planning Division in the Community and Economic Development Department (CEDD). These revenues represent approximately 1.3% of the total budgeted General Fund operating revenues for Fiscal Year 2024-25. They are budgeted at $2.6 million as of February 28, 2025.
Construction revenues received through February 28, 2025, are at approximately 66% of the budgeted amount. This is trending slightly behind the amounts collected in the previous fiscal year in terms of percentage collected (66% vs 68%) and total revenues ($1.69M vs $1.73M).
Construction revenues continue to be strong, and it is anticipated that these revenues will continue to build through the spring and summer as there is continued activity in the building industry in the area. This is especially important as the City continues to look toward strengthening its economic development endeavors.
Other Revenues
Other Revenues represent 25.9% of the total General Fund operating revenue budget at $49.8 million of the total $192.4 million revenue operating budget for Fiscal Year 2024-25.
Other revenues include any revenue source that is received by departments and is not included in the tax or fee revenues categories as well as transfers into the General Fund from other funds.
These revenues are accounted for under the generating department and include a wide range of revenue sources such as direct charge revenue (all departments), fire inspection fees (Fire Department), league and facility rental fees (Parks, Recreation & Neighborhoods), and the McHenry Tax Sharing Agreement revenues (Non-Departmental).
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Fiscal Year 2024-25 General Fund Mid-Year Update
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General Fund Revenues
(Analysis)
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Fiscal Year 2024-25 General Fund Mid-Year Update
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Property Tax Revenues Analysis
As of February 28, 2025, the first payment has been received in one of the sub-categories that makes up the property tax revenues, Property Tax – Property. The first payment for the second sub-category, Property Tax – Vehicle License Fee (VLF) Swap has also been received. These two payments are significant indicators of how the property tax revenues for the entire fiscal year will be received for the year. With both payments receipted a clearer picture can be made for this major tax revenue category for Fiscal Year 2024-25.
Property Tax – Property
In Fiscal Year 2024-25, the first installment of property tax was received in January in the amount of $11.64 million. This first payment is receipted under current year secured property taxes and is the bulk of the property tax revenue that is received. Other revenues that fall under Property Tax – Property include, current year unsecured, delinquent, delinquent unsecured, supplemental roll, and Redevelopment Property Tax Trust Fund (RPTTF) allocation. These revenue accounts make up the total amounts that sum up to the total Property Tax – Property amount received by the City.
With the first payment received, estimates for fiscal year-end 2024-25 show that the amounts for this revenue category are on track to be somewhat higher than the adopted budget amounts. Yearend estimates show that a total of $23.6 million is expected to be received based off the $11.64 million first payment which is higher than the current budgeted amount for Property Tax – Property. Staff recommends an overall increase to this revenue by approximately $729 thousand for Fiscal Year 2024-25 based upon estimates for remaining revenues to be receipted.
Staff is recommending an increase to this category of revenue in the amount of $729,736 for Fiscal Year 2024-25.
Property Tax – VLF Swap
Property Tax – VLF Swap is the second portion of the revenues that makes up the total Property Tax category for the City. This revenue source came into effect with the passing of the State of California Budget in 2004 by then Governor Schwarzenegger. The budget included a swap of city and county vehicle license fee revenues for an additional property tax share. These additional VLF backfill funds, which equate to a dollar-for-dollar like amount of property taxes, also increase annually in proportion to the growth in assessed valuation in the local jurisdictions.
The first Property Tax – VLF Swap payment for the City has been received in the amount of $11.66 million in the month of February. The amount received in the first payment, is typically around 50% of the total payment that will be received for the year. With the Property Tax – VLF Swap revenue coming in higher than anticipated with this first payment, staff recommends increasing this revenue by an amount of $262 thousand for the fiscal year.
Staff is recommending an increase to this category of revenue in the amount of $262,016 for Fiscal Year 2024-25.
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Property Tax Charts:
Annual Property Tax
Annual Property Tax – Property
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Annual Property Tax – VLF – Swap
The preceding property tax charts show the trends that have been occurring since fiscal year 2015/2016. There has been steady growth in both the Property Tax and VLF swap categories of this revenue source. At this point, the growth is expected to continue as the housing market remains strong and valuation of homes continues to grow because of the increased prices of homes. This revenue source will continue to be monitored as there will be a point in time when the prices will begin to decline as the supply of houses begins to exceed the demand for homes in terms of buyers, and the City will want to stay ahead of any revenue decreases as much as possible. #9..
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Fiscal Year 2024-25 General Fund Mid-Year Update
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Sales Tax Revenues Analysis
As of February 28, 2025, Sales Tax revenues received to date are approximately $18.38 million. This represents 45% of the total Sales Tax budgeted for the fiscal year ($41 million). Sales Tax is received by the City monthly but is receipted with a two-month lag time, meaning that the receipts received in any particular month are for the actual sales tax receipts two months prior. For example, sales tax revenues accounted for in the month of February are for actual sales tax receipts made in the month of December (two months prior). This continuous two-month lag time is something that is closely monitored by the OPMB - Budget Division staff as estimates are created for fiscal year-end.
In Fiscal Year 2024-25, there have been several categories of Sales Tax that have been on the decline in the last few quarters for the City. These have been in the industries of general retail, transportation, and to a lesser extent food products and business to business. Certain subcategories within the larger areas of industries have also seen decline in the third quarter of 2024 (covering the months of July through September). These areas included department stores, service stations, miscellaneous retail, and apparel stores.
Countywide Pool Sales Tax
The City continues to receive its share of the County Pool related to the “origin sourcing” portion of sales tax. “Origin sourcing” is a sales tax practice under which sales tax for purchases of goods that are shipped to purchasers are generally sourced to the business location of the retailer where the sale originates.
Under current California Department of Tax and Fee Administration (CDTFA) regulations, a substantial portion of local use tax collections are allocated through a countywide pool to local jurisdictions, like Modesto, where the purchased property is put to its first functional use. Under the pool system, the tax is reported by the taxpayer to the countywide pool of use and then distributed to each jurisdiction in that county on a pro-rata share of taxable sales. If there is a situation where a county of use cannot be determined, then the allocation goes to the state pool for pro-rata distribution on a statewide basis.
The City of Modesto had consistently received anywhere between 32% to 38% of the allocation of the countywide pool described above, however this proportionate share has been dropping in recent quarters. With the opening of new stores and distribution centers in areas such as Riverbank, Turlock, and Patterson, the City of Modesto has seen its proportionate share of the Countywide pool drop steadily since the second quarter of 2023. Where once the proportionate share was in the 38% range, the City most recently in the third quarter of 2024 saw this share dip down to 28.5%. While this share of sales tax can still represent anywhere between $950 thousand to $1.8 million on a quarterly basis, the City’s share has dwindled down to $1.15 million as of Q3 2024.
At this time current year-end projections are showing sales tax figures that are coming in lower than the prior fiscal year and lower than what was initially budgeted for the fiscal year when the #9..
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budget was adopted. When the initial estimates for the current year were made, they were done with some optimism about growth trends that were being seen in Fiscal Year 2023-24 with the analysis that they would continue into the current fiscal year. Prolonged inflation and a somewhat volatile political landscape at the federal level has affected the local economy much faster than anticipated. Inflation has impacted residents spending in ways that were unexpected due to the duration that inflation has continued. As inflation has continued through Fiscal Year 2024-25, the impacts are being felt through somewhat diminished consumer and business spending in various categories as well as changed behavior. Categories that were growing in the prior fiscal year as the protracted inflation had yet to truly take hold, are now on a steep decline as belts begin to tighten on household incomes with the added pressure of economic instability brought upon by the uncertainty at the federal level of the government. Sales Tax will continue to be monitored through the year and as changes occur, staff will bring any updates back to City Council as needed, but at this time staff is recommending a large decrease to Sales Tax revenues based upon current trends and the future economic uncertainty.
Staff is recommending a decrease of $4,455,883 for this category for Fiscal Year 2024-25. #9..
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Sales Tax Charts
Annual Sales Tax Chart
Quarterly Sales Tax Chart
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Cannabis Tax Revenue Analysis
Cannabis Tax is beginning to be a normalized source of revenue and we are now beginning to see some annualized trends in the revenues each fiscal year. When the revenue began to be receipted back in the latter half of fiscal year 2018-19, it started slowly as there were not the full amount of Council approved dispensaries up and running at the time. Over the next six to eight months the dispensaries began to gain traction and permitted dispensaries became fully operational. Revenues began to increase steadily over the next fiscal year and a half and steadily rose to a consistent $400k+ per month in receipted revenues per month to the City. Since that time, cannabis revenues have dropped to an average of $280K per month in Fiscal Year 2024-25.
As of February 28, 2025, $1.9 million in Cannabis Tax revenue have been received for Fiscal Year 2024-25. This is approximately 50% of the budgeted amount of $3.86 million. Currently, staff is recommending a decrease of $552 thousand in this revenue category. The average monthly revenues have decreased by approximately 4.2% from the prior fiscal year and should this trend continue, it would put the fiscal year-end estimate for Cannabis Tax receipts at a total of $3.31 million. The Cannabis Tax revenues that have been receipted this year have not experienced the ups and downs that have been seen in the last two fiscal years and seem to be steadying but at the same time they are leveling off at a lower average monthly amount than what was seen received last fiscal year. Staff will continue to monitor this revenue category but at this time is recommending the revenue budget for this category be decreased by $552 thousand.
Staff is recommending a decrease of $552,642 for this category for Fiscal Year 2024-25.
Annual Cannabis Tax Revenues
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Monthly Cannabis Tax Revenues
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The preceding charts show the trends for Cannabis Tax revenues and the growth initially seen and then the declines that have been seen since annually. The chart also shows that through the end of Fiscal Year 2023-24 through the current month of Fiscal Year 2024-25, the revenue trends have steadied for Cannabis Tax at a lower amount. It is expected that Fiscal year 2024-25 will continue to see steady revenues but not much show any increase in terms of overall growth in this category as the market continues to reach saturation in terms of number of dispensaries and market demand.
Other Tax Revenues
Transient Occupancy Tax (TOT) is a tax collected from guests that occupy or have a right to occupy a living space or establishment for 27 days or less. This tax is most often associated with room rentals at hotels or other like establishments. The current TOT rate in Modesto is 9%. Current trends in this revenue category are showing a somewhat lower rate of receipt than what was shown in the prior fiscal year. Currently the City has received 56% of the budgeted $3.86 million TOT revenue. Year-end projections for this category estimate a slight decrease below the budgeted amount of approximately $71 thousand.
Utility Users Tax (UUT) is a usage tax collected on every person that uses electricity, water, gas, or telephone services in the City. This usage tax is collected by the service provider and remitted to the city. The taxes imposed by the UUT are at a rate of 6 percent on all charges made for such services and are capped at a maximum annual amount of $1,500 for any service user for an individual service in any 12-month period. UUT revenues received to date are at 59% of the budgeted amount of $22.1 million. At the same time in the prior fiscal year, only 54% of the total budget had been receipted to date. Current monthly revenues are tracking about an average of 11% higher than the previous fiscal year which is why staff is recommending a conservative increase of approximately $602 thousand at this time. We will continue to monitor this revenue account to see if there are additional gains that will be seen in the next few months that can be realized before fiscal year-end.
Business License/Mill Tax is tracking at a higher pace to the previous fiscal year. To date 52% of the total budgeted revenue of $17.1 million. With Business License/Mill Tax larger total payments are typically received in the months of February and January. January in Fiscal Year 2024-25 had larger amounts received than in the prior fiscal year ($2.97M compared to $2.38M) and overall, the revenue received is approximately $1.48 million higher than the prior fiscal year at the same point in time. Staff will continue to monitor this revenue source closely as the final amounts are receipted during the remainder of the fiscal year, but at this time is recommending an increase to this category.
Staff is recommending a decrease to the Transient Occupancy Tax revenue category in the amount of $71,114, an increase to the Utility Users Tax revenue category in the amount of $601,614 and an increase to the Business License/Mill Tax revenue category of $798,768 for Fiscal Year 2024-25.
Other Fee Revenues
Motor Vehicle Fees are currently being receipted at a slightly higher amount than the current budget ($443K receipted as of February 28, 2025, vs $415K budget). It is estimated that an #9..
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additional $35,000 will be receipted for the remainder of the year based on prior year historical receipts and what is typically collected in the months of March through June. Accordingly, staff is recommending an increase in this category of revenue.
Staff is recommending an increase in the Motor Vehicle Fees category for Fiscal Year 2024-25 in the amount of $63,591.
Departmental Revenue Analysis
Departmental revenues are coming in higher than anticipated at this time, but it will be an area that will continue to be monitored. The revenues received are inflated by one revenue source that is tracked in the non-Departmental area as the Fair Market Value. This amount changes monthly as the amount is distributed amongst the various funds in the City. As of February, this amount is inflating the revenues shown in the Departmental Revenue category by approximately $5.6 million.
There are no other major areas of concern currently. If anything changes in this category, OPMB - Budget Division will bring an item through the monthly budget adjustment process and update Council on any changes in these categories.
Staff is recommending is not recommending any changes to this category currently.
Summary of Recommended Revenue Changes
Account - Description Current Budget
Increase/
(Decrease) Revised Amount Category
41101 - Property Taxes - CY Secured Taxes $ 20,507,107 $ 656,203 $ 21,163,310 Property Tax - Property 41111 - Property Taxes - CY Unsecured $ 981,157 $ 73,533 $ 1,054,690 Property Tax - Property 42157 - Intergov - State - VLF Swap Adjustment $ 23,059,188 $ 262,016 $ 23,321,204 Property Tax - VLF Swap 41201 - Sales and Use Taxes $ 41,004,883 $ (4,455,883) $ 36,549,000 Sales Tax 41203 - Utility Users Tax $ 22,105,000 $ 602,614 $ 22,707,614 Utility Users Tax 41204 - Transient Occupancy Tax $ 3,045,930 $ (71,114) $ 2,974,816 Transient Occupancy Tax 41402 - Business License Tax - Mill Tax $ 15,045,281 $ 798,768 $ 15,844,049 Business License/Mill Tax 41406 - Cannabix Tax $ 3,859,148 $ (552,642) $ 3,306,506 Cannabis Tax 42121 - Intergov - State - Motor Vehicle License Fee $ 443,591 $ 63,591 $ 507,182 Motor Vehicle Fees Grand Totals $ 130,051,285 $ (2,622,914) $ 127,428,371 #9..
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Fiscal Year 2024-25 General Fund Mid-Year Update
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General Fund Expenditures
(Analysis)
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Fiscal Year 2024-25 General Fund Mid-Year Update
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eneral Fund expenditures make up the total budgets from which departments pay for costs related to one of four expenditure categories. These categories include salary and benefit costs, internal service fund costs, discretionary costs, and transfers out to other funds. In the General Fund, there are 13 Operating Departments and one category for Transfers Out of the General Fund to other funds. The 13 Operating Departments make up a total General Fund operating expenditure budget of $206.4 million with the Transfers Out having a budget of $7.09 million. Including the variance rate of a credit of $12.5 million, the total current General Fund operating expenditure budget in Fiscal Year 2024-25 is $201.02 million.
The table below shows the current budget and expenditures through February 28, 2025.
General Fund Department Expenditures
Department Current Budget Actuals (as of Feb 28, 2025) % of Budget Expended Police Department $ (90,991,084) $ (57,895,084) 64%
Fire Department $ (53,017,960) $ (35,488,406) 67%
Oakdale Fire Contract Expense $ (6,318,965) $ (4,509,575) 71% Ceres Fire Contract Expense $ (8,223,055) $ (5,355,256) 65% Stanislaus Consolidated Fire Contract Expense $ (389,263) $ (348,807) 90% Turlock Fire Contract Expense $ (322,840) $ (210,988) 65% Salida Fire Contract Expense $ (1,995,946) $ (1,405,466) 70% Parks, Recreation, and Neighborhoods $ (17,478,703) $ (10,910,245) 62% Community and Economic Development $ (6,552,935) $ (4,015,271) 61% Engineering Services Department $ (2,457,725) $ (1,281,658) 52% City Council $ (764,802) $ (400,314) 52%
City Manager's Office $ (3,163,353) $ (1,994,509) 63%
Human Resources $ (2,145,466) $ (1,469,919) 69%
City Attorney's Office $ (1,997,018) $ (1,179,827) 59%
City Clerk's Office $ (1,319,215) $ (573,888) 44%
Office of Performance Management & Budget $ (1,276,658) $ (612,236) 48% Office of the City Auditor $ (548,828) $ (252,634) 46%
Finance Department $ (7,026,570) $ (4,496,189) 64%
Non-Departmental $ (436,873) $ (46,778) 11%
Total Departmental Expenses $ (206,427,257) $ (132,447,050) 64% Transfers Out $ (7,087,743) $ (274,746) 4%
Variance Rate $ 12,491,555 $ - 0%
Total Department Expenses $ (201,023,445) $ (132,721,796) 66% At the point in time that the expenditure data was collected, one could expect an estimated expenditure rate of approximately 67% (8 months elapsed out of the fiscal year). The chart shows that the overall General Fund expenditures are slightly below this target with 66% of the total budget expended. Like the overall rate of expenditure last fiscal year, we are seeing salary savings in some of the departments due to vacant positions which are resulting in some of the decreased level of expenditures now. The rate of expenditure of 66% would be much lower if it were just the salary savings that were factoring in, but there are also increases in other areas that are bringing up overall expenses such as the increased cost of goods, and the increased costs of contract services.
These competing factors are growing the level of expenditures at the discretionary level just at a lower rate than that of the vacancy savings.
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Below is a table that shows the breakdown of the expenditures from each department by appropriation unit category. As reminder the breakdown of expenditure categories is as follows:
Appr Unit A – Salaries and Benefits
Appr Unit AA – Intrafund Labor
Appr Unit B – Internal Service Fund Charges
Appr Unit C – Discretionary Charges
Appr Unit D – Transfers Out
Department Current Budget
Actuals (as of
February 28, 2025)
Amount
Available % Expended
City Attorney's Office
Salary and Benefits (Appr Unit A) $ 684,629 $ 477,618 $ 207,011 70% ISF Charges (Appr Unit B) $ 164,971 $ 100,755 $ 64,216 61% Discretionary Charges (Appr Unit C) $ 1,147,418 $ 601,454 $ 545,963 52% City Attorney's Office Total $ 1,997,018 $ 1,179,827 $ 817,190 59% City Clerk's Office
Salary and Benefits (Appr Unit A) $ 509,903 $ 366,106 $ 143,797 72% ISF Charges (Appr Unit B) $ 79,252 $ 51,216 $ 28,036 65% Discretionary Charges (Appr Unit C) $ 730,060 $ 156,567 $ 573,493 21% City Clerk's Office Total $ 1,319,215 $ 573,888 $ 745,327 44% City Council
Salary and Benefits (Appr Unit A) $ 526,018 $ 278,960 $ 247,058 53% ISF Charges (Appr Unit B) $ 118,526 $ 80,034 $ 38,492 68% Discretionary Charges (Appr Unit C) $ 120,258 $ 41,321 $ 78,938 34% City Council Total $ 764,802 $ 400,314 $ 364,488 52%
City Manager's Office
Salary and Benefits (Appr Unit A) $ 2,150,000 $ 1,415,302 $ 734,698 66% Intrafund Labor (Appr Unit AA) $ - $ (428) $ 428 N/A
ISF Charges (Appr Unit B) $ 220,358 $ 148,149 $ 72,209 67% Discretionary Charges (Appr Unit C) $ 792,995 $ 431,486 $ 361,509 54% City Manager's Office Total $ 3,163,353 $ 1,994,509 $ 1,168,844 63% Community & Economic Development
Salary and Benefits (Appr Unit A) $ 4,931,915 $ 2,990,569 $ 1,941,346 61% Intrafund Labor (Appr Unit AA) $ (47,813) $ (31,096) $ (16,717) 65% ISF Charges (Appr Unit B) $ 1,131,420 $ 749,052 $ 382,368 66% Discretionary Charges (Appr Unit C) $ 537,413 $ 306,745 $ 230,668 57% Community & Economic Development Total $ 6,552,935 $ 4,015,271 $ 2,537,664 61% Engineering Department
Salary and Benefits (Appr Unit A) $ 2,014,535 $ 1,157,245 $ 857,290 57% Intrafund Labor (Appr Unit AA) $ (91,209) $ (29,640) $ (61,569) 32% ISF Charges (Appr Unit B) $ 111,509 $ 62,425 $ 49,084 56% Discretionary Charges (Appr Unit C) $ 422,890 $ 91,627 $ 331,263 22% Engineering Department Total $ 2,457,725 $ 1,281,658 $ 1,176,067 52% Finance Department
Salary and Benefits (Appr Unit A) $ 4,837,417 $ 3,153,392 $ 1,684,025 65% Intrafund Labor (Appr Unit AA) $ (56,189) $ (37,599) $ (18,590) 67% ISF Charges (Appr Unit B) $ 778,405 $ 506,331 $ 272,074 65% Discretionary Charges (Appr Unit C) $ 1,466,937 $ 874,065 $ 592,871 60% Finance Department Total $ 7,026,570 $ 4,496,189 $ 2,530,381 64% Fire Department
Salary and Benefits (Appr Unit A) $ 44,643,483 $ 30,706,809 $ 13,936,674 69% ISF Charges (Appr Unit B) $ 1,367,998 $ 911,999 $ 455,999 67% Discretionary Charges (Appr Unit C) $ 7,006,479 $ 3,869,598 $ 3,136,881 55% Fire Department Total $ 53,017,960 $ 35,488,406 $ 17,529,554 67% #9..
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Fire Department - Ceres Salary and Benefits (Appr Unit A) $ 7,654,928 $ 5,059,718 $ 2,595,210 66% ISF Charges (Appr Unit B) $ 228,716 $ 152,477 $ 76,239 67% Discretionary Charges (Appr Unit C) $ 339,411 $ 143,060 $ 196,351 42% Fire Department - Ceres Total $ 8,223,055 $ 5,355,256 $ 2,867,799 65% Fire Department - Oakdale
Salary and Benefits (Appr Unit A) $ 5,755,826 $ 4,199,384 $ 1,556,442 73% ISF Charges (Appr Unit B) $ 183,364 $ 122,243 $ 61,121 67% Discretionary Charges (Appr Unit C) $ 379,775 $ 187,948 $ 191,826 49% Fire Department - Oakdale Total $ 6,318,965 $ 4,509,575 $ 1,809,390 71% Fire Department - Salida
Salary and Benefits (Appr Unit A) $ 1,898,474 $ 1,365,637 $ 532,837 72% ISF Charges (Appr Unit B) $ 36,432 $ 24,288 $ 12,144 67% Discretionary Charges (Appr Unit C) $ 61,040 $ 15,541 $ 45,499 25% Fire Department - Salida Total $ 1,995,946 $ 1,405,466 $ 590,480 70% Fire Department - Stanislaus Consolidated
Salary and Benefits (Appr Unit A) $ 380,742 $ 298,520 $ 82,222 78% ISF Charges (Appr Unit B) $ 8,521 $ 5,681 $ 2,840 67%
Discretionary Charges (Appr Unit C) $ - $ 44,606 $ (44,606) N/A Fire Department - Stanislaus Consolidated Total $ 389,263 $ 348,807 $ 40,456 90% Fire Department - Turlock
Salary and Benefits (Appr Unit A) $ 313,680 $ 160,262 $ 153,418 51% ISF Charges (Appr Unit B) $ 9,160 $ 6,107 $ 3,053 67%
Discretionary Charges (Appr Unit C) $ - $ 44,619 $ (44,619) N/A Fire Department - Turlock Total $ 322,840 $ 210,988 $ 111,852 65% Human Resources Salary and Benefits (Appr Unit A) $ 1,919,712 $ 1,333,813 $ 585,899 69% Intrafund Labor (Appr Unit AA) $ (128,446) $ (85,631) $ (42,815) 67% ISF Charges (Appr Unit B) $ 287,580 $ 189,700 $ 97,880 66% Discretionary Charges (Appr Unit C) $ 66,620 $ 32,036 $ 34,583 48% Human Resources Total $ 2,145,466 $ 1,469,919 $ 675,547 69% Non-Departmental
Discretionary Charges (Appr Unit C) $ 436,873 $ 46,778 $ 390,094 11% Non-Departmental Total $ 436,873 $ 46,778 $ 390,094 11% Office of Performance Management & Budget
Salary and Benefits (Appr Unit A) $ 939,715 $ 546,203 $ 393,512 58% ISF Charges (Appr Unit B) $ 78,933 $ 59,889 $ 19,044 76% Discretionary Charges (Appr Unit C) $ 258,010 $ 6,145 $ 251,865 2% Office of Performance Management & Budget Total $ 1,276,658 $ 612,236 $ 664,422 48% Office of the City Auditor Salary and Benefits (Appr Unit A) $ 280,756 $ 66,499 $ 214,257 24% ISF Charges (Appr Unit B) $ 18,072 $ 12,341 $ 5,731 68% Discretionary Charges (Appr Unit C) $ 250,000 $ 173,794 $ 76,206 70% Office of the City Auditor Total $ 548,828 $ 252,634 $ 296,194 46% Parks, Recreation & Neighborhoods Salary and Benefits (Appr Unit A) $ 8,448,102 $ 5,367,756 $ 3,080,346 64% Intrafund Labor (Appr Unit AA) $ (630,322) $ (504,158) $ (126,164) 80% ISF Charges (Appr Unit B) $ 1,844,843 $ 1,243,372 $ 601,471 67% Discretionary Charges (Appr Unit C) $ 7,816,080 $ 4,803,275 $ 3,012,805 61% Parks, Recreation & Neighborhoods Total $ 17,478,703 $ 10,910,245 $ 6,568,458 62% Police Department
Salary and Benefits (Appr Unit A) $ 69,456,376 $ 45,640,746 $ 23,815,630 66% Intrafund Labor (Appr Unit AA) $ - $ (322,337) $ 322,337 N/A ISF Charges (Appr Unit B) $ 6,510,872 $ 4,340,581 $ 2,170,291 67% Discretionary Charges (Appr Unit C) $ 15,023,836 $ 8,236,095 $ 6,787,742 55% Police Department Total $ 90,991,084 $ 57,895,084 $ 33,096,000 64% Transfers Out
Transfers Out $ 7,087,743 $ 274,746 $ 6,812,997 4%
Transfers Out Total $ 7,087,743 $ 274,746 $ 6,812,997 4% Variance Rate Variance Rate $ (12,491,555) $ - $ (12,491,555) 0% Variance Rate Total $ (12,491,555) $ - $ (12,491,555) 0% Grand Total $ 201,023,445 $ 132,721,796 $ 68,301,649 66% #9..
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The main takeaway from the information above is that unlike in past years there are not the large amount of savings in the Salaries and Benefits expenditures for departments like Parks, Recreation and Neighborhoods, Police, and Community and Economic Development. These departments are still seeing some savings in this category, but they are experiencing much lower rates of vacancy in totality throughout the fiscal year.
The other issue that is starting to be seen across the organization is the impact of the prolonged inflation on costs of goods and services. Parts are much more expensive to procure, and services are seeing price increases across the life of contracts and all these things are contributing to increased expenses in the Discretionary category. One more item on the horizon that has not truly impacted the local economy yet will be any impact from pending tariffs. This will be closely monitored in the coming months by staff as the fiscal year continues to ensure that budgets remain within current appropriation levels.
One area that has the potential to impact the fiscal year-end are the subsidies that are provided through transfers out to the Centre Plaza and the Parking Fund. The Centre Plaza and Parking Fund continue to experience heavy losses in revenues. Due to this, the General Fund has provided subsidies to these funds in past fiscal years. Should the either fund fall into a negative fund balance any subsidy would need to be funded by the General Fund. This will be closely watched by staff as we continue through the current fiscal year.
These revenues and expenditures will continue to be monitored for each of these funds in the next few months for potential impacts on the General Fund and will be reported back to Council if necessary.
Expenditure Conclusions
Overall expenditures are trending slightly lower than would be expected at this time in the fiscal year. This is being driven mainly by salary and benefit savings due to vacant positions that have occurred in the current fiscal year. Discretionary spending will continue to be monitored as well as the possibility of increased subsidy needs from the Centre Plaza and Parking Funds.
Staff is recommending no change to department expenditure budgets for Fiscal Year 2024-25 currently.
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 24, 2025
Date: March 7, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Sonya Severo, Public Relations and Legislative Affairs Manager SUBJECT: 2025-2026 State and Federal Legislative Priorities CONTACT: Sonya Severo, Public Relations and Legislative Affairs Manager [email protected], 209-571-5809
DESCRIPTION:
Consider the 2025-2026 State and Federal Legislative Priorities and forwarding to Council for approval. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This project supports the City’s (2025-2026) Strategic Plan Initiatives: Achieve long-term financial stability: Pursue new and alternative revenue sources.
BACKGROUND:
State and federal governments allocate significant funding to municipalities through appropriations and grant programs, providing essential resources for local initiatives. However, these governments also enact legislation that may impose regulatory requirements on municipalities, often increasing operational costs and straining local resources. To navigate this complex legislative landscape effectively, municipalities must take a proactive approach by actively engaging with lawmakers, advocating for policies that align with their strategic priorities, and ensuring their interests are represented in legislative discussions. This includes taking official positions on proposed laws, providing testimony, closely monitoring legislative developments, and employing strategic advocacy to securing funding and support. By adopting clear legislative priorities, the City of Modesto strengthens its role in shaping policy, fostering collaboration with state and federal officials, and advancing the long-term goals outlined in the City’s Strategic Plan.
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Finance Committee, March 24, 2025
2025-2026 State and Federal Legislative Priorities
The City’s legislative priorities are shaped through a collaborative process that involves input from each department, ensuring that fiscal and policy needs are clearly identified to support effective program implementation. This legislative platform serves as a strategic tool to safeguard and advance the City’s interests by advocating for key programs, legislative initiatives, and regulatory policies. By establishing a clear and adaptable framework, the City not only defines its policy positions but also remains responsive to emerging legislative and budgetary challenges that arise throughout the legislative process. This proactive approach strengthens the City’s ability to secure necessary resources and influence policy decisions that align with the City’s long-term objectives.
The Legislative Platform for the City of Modesto is critical in navigating the ever-changing landscape of legislation at both the state and federal levels. This Legislative Platform helps the City advocate through 2025 and 2026, ensuring that the City remains focused on the legislative priorities and guides the City’s interactions with policymakers. With the constant evolution of laws, regulations, leadership, and funding availability, this Legislative Platform is a strategic roadmap that effectively advocates for the policy and funding goals for the City. The Legislative Platform is essential and helps maintain financial stability as well as reinforcement of the City’s Strategic Plan’s three areas of focus for enhancing the lives of residents in Modesto:
Quality of Life: Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto.
Economic Vitality: Retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation. Governance and Service Delivery: Build community trust in City government through responsive, transparent and efficient service delivery. Build community trust in City government rough responsive, transparent and efficient service delivery DISCUSSION:
To maximize state and federal funding opportunities and advocate for the policy goals of the City, the City must actively engage with both the State and Federal Legislative representatives at all levels through consistent strategic advocacy and informed legislative efforts, the City is prepared to identify and secure critical resources and influence future policy discussions.
Several existing federal programs, including the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Infrastructure Investment and Jobs Act, and the Inflation Reduction Act, providing significant funding opportunities. The City will leverage these funding streams outside of the traditional appropriations process, ensuring access to resources even if member-directed spending (earmarks) is reduced or eliminated. Many of the City’s legislative priorities are tailored to align with these laws, enhancing the competitiveness of grant applications and positioning the City to secure funding for high-impact projects. If earmarks remain available, the City is well-prepared with legislative priorities to make timely and credible appropriations requests.
The Legislative Platform highlights the City’s long-term goals, fostering opportunities for future legislation and funding. Proactive and consistent advocacy of the legislative priorities enable City staff to collaborate directly with state and federal government entities to develop wellstructured projects and policies that support the City’s Strategic Plan. #10..
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Finance Committee, March 24, 2025
2025-2026 State and Federal Legislative Priorities
FISCAL IMPACT:
While there is no direct and immediate fiscal impact associated with the adoption of the 2025- 2026 State and Federal Legislative Priorities, these priorities strategically position the City to pursue external funding opportunities that could enhance future revenue streams.
RECOMMENDED COMMITTEE ACTION:
Motion recommending the 2025-2026 State and Federal Legislative Priorities and forwarding to Council for approval.
Approved by:
Sonya Severo,
Public Relations and Legislative Affairs Manager
Joseph P. Lopez, City Manager
Attachments:
1. 2025-2026 Legislative Priorities
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Legislative
Priorities
2025-2026
www.modestogov.com
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City of Modesto, Legislative Priorities 2 2025-2026
City Manager’s Message 3
Strategic Plan 4
Economic Vitality 5
Quality of Life 7
Governance and Service Delivery 9
Table of Contents
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The City of Modesto’s Legislative Platform serves as the framework for the city’s advocacy and policy priorities on key issues on state and federal legislation. The City’s advocacy efforts are the foundation for strategy on legislation, administrative, and budget issues that impact the City of Modesto.
The Legislative Platform will help the City Council and leaders focus on specific goals that are aligned with the City Council’s strategic priorities. This platform will direct City staff on how to effectively advocate for support and opposition to proposed legislation, funding requests, and promote policies that benefit all residents.
The City of Modesto focus is one three strategic priorities, and they are the basis of our scorecard that measures success and upon which our performance metrics are built.
Economic Vitality
Quality of Life
Governance & Service Delivery
These strategic priorities are at the heart of service delivery and future economic growth for the City of Modesto.
Joseph P. Lopez
City Manager
A Message from the
City Manager
2025-2026 City of Modesto, Legislative Priorities 3
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City of Modesto, Legislative Priorities 4 2025-2026
Retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation.
In the City’s 2020-2025 Strategic Plan the City Councilmembers reaffirm three strategic priorities. The City leadership focus on these priorities and they are the basis of our scorecard that measures success and upon which our performance metrics are built.
Engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto.
Build community trust in City government through responsive, transparent, and efficient service delivery.
City of Modesto
Strategic Plan
Economic Vitality
Quality of Life
Governance & Service Delivery
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The Economic Vitality area of focus seeks to retain and attract residential, commercial, and industrial development to meet the community’s needs today and for the next generation. The stated goals to achieve economic vitality include driving the success of a vibrant and economically sustainable business climate, building and promoting a recognizable and desirable identity for the City of Modesto, and making downtown Modesto a regional destination.
Drive the success of a vibrant and economically sustainable business climate.
The City aims to establish a fair and competitive tax structure that promotes business growth while ensuring the sustainability public services. Key strategies include investing in transportation, utilities, and digital infrastructure to bolster existing businesses and attract new ones.Additionally, there will be focus on streamlining regulations to reduce barriers for new enterprises, alongside providing grants, loans, and resources for small business development and job creation. The City also emphasis the promotion of affordable housing and the attraction of divers industrial and commercial spaces to enhance business opportunities in Modesto.
The City of Modesto plans to create a unified brand that showcases its achievements and attracts investments, businesses, tourists and residents. By leveraging digital communication platforms, the City aims to engage the community and share information about projects, programs, and service.
Brand ambassadors will be engaged to enhance awareness within their networks in the community, while residents will be encouraged to actively patriciate in local governance through public meetings and volunteer opportunities.
Economic Vitality
2025-2026 City of Modesto, Legislative Priorities 5
Build and implement comprehensive marketing strategy focused on communication of City achievements and successful investments while promoting City programs, services, and engagement opportunities for our diverse community.
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The Downtown Modesto redevelopment initiative
aims to secure funding for essential infrastructure
improvements, particularly the redevelopment of
the courthouse. Central to these efforts is a
comprehensive economic development strategy
that emphasizes enhancing downtown housing,
promoting mixed-use developments, retaining
existing businesses, and attracting new ones.
Furthermore, the plan seeks to introduce more
affordable sports and entertainment options,
engage the community and leverage the City’s
historical properties to generate additional
revenue.
Advance a pro-growth Economic Development
Strategy that focuses on downtown, sports, and
entertainment, making Modesto a regional
destination.
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Quality of Life
The Quality of Life area of focus tasks the City to engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto. The following lists are priorities and initiatives the City will be seeking legislative, regulatory, and financial assistance to achieve the goals to enhance the quality of life for the residents of Modesto.
Improve Community Safety and Enhance Public Safety Services Including Police, Fire, and Emergency Services.
Encourage and emphasize collaboration among police, fire, emergency services, and various agencies to enhance public safety. Advocate for investments in infrastructure improvements for police and fire stations, as well as emergency communication systems. Focus on upgrading equipment, technology, and staffing to improve serve responsiveness and patient care. Establish cohesive and uniform fire safety regulations across our region and develop partnerships to create a skilled public safety workforce. Additionally, address community safety and health concerns by implementing regulations on smoke shops and massage parlors.
City of Modesto, Legislative Priorities 7 2025-2026
Enhance pride in Modesto’s diverse neighborhoods and Business district by actively addressing blight ensuring that community assets and amenities are well maintained and preserved.
Enhance the beautification of Modesto by focusing on combating blight and supporting attractive neighborhoods. Advocate for a comprehensive tree ordinance that aims to protect existing trees, regulate their removal, and encourage new plantings, promoting urban forestry and environmental sustainability. Work towards securing funding for the maintenance, renovation, and expansion of parks and recreational facilities essential to fostering accessible community spaces. Guide future growth and development of a longterm Paks and Recreation Master plan by engaging with residents through community workshops, surveys, and volunteer programs to ensure the future of parks and recreation align with community needs and aspirations. #10..
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2025-2026 City of Modesto, Legislative Priorities 8
Provide safe, efficient, and reliable infrastructure though proactive community investment, maintenance and sustainability efforts.
The City is working towards improving the living conditions and infrastructure to enhance the quality of life for residents. Strengthen enforcement of building safety standards and invest in rental housing safety programs to ensure safe living conditions for tenants. Support airport expansion to meet future growth, improving connectivity for our community and increasing efforts in waste diversion through recycling and composting. Improve stormwater management and secure funding for critical infrastructure, targeting a Pavement Condition Index (PCI) of 70 or higher while prioritizing the repair of curbs, gutters, and sidewalks. Additionally, allocate funding for groundwater management and essential upgrades to water and sewer systems.
In partnership with public agencies and other key stakeholders, develop and implement a comprehensive housing and homeless action plan.
Focus on establishing partnerships among city, state, and federal agencies, and nonprofits to address homelessness and increase affordable housing in Modesto. Identify funding for affordable housing development, streamline the City’s annexation process to encourage economic growth, and creating strategies for supportive services and bride housing for homeless individuals transition to stable housing.
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The City of Modesto is focused on a responsible Measure H spending plan that implements oversight to maintain long-term financial health and avoid dependence on unstable revenues. Create a deferred maintenance plan, securing funding for local projects, and reducing pension liabilities while cutting health care costs. Identify cost saving measures to reduce the general fund expenses and enhance public safety through improved infrastructure and employee training to minimize liability risks. Effectively conduct community outreach and educate residents on the City’s fiscal responsibility and available resources for city services, programs, and initiatives.
City of Modesto, Legislative Priorities 9 2025-2026
The Governance and Service Delivery area of focus tasks the City to build community trust through responsive, transparent, and efficient service delivery.
The City’s goals are to achieve greater governance and service delivery by achieving long-term financial sustainability, promoting trust and engagement between the community and the city, and building a high-performing organization.
Governance and Service
Delivery
Achieve Long-term Financial Sustainability
The City is committed to fostering trust with residents by focusing on transparency, effective communication, and providing high-quality services. To achieve this, the City plans to create centralized customer service initiatives that will make it easier for residents to access services, report issues, and receive quick follow-up. The City will advocate for a user-friendly, 24/7, support system by online and phone.Additionally, the City will develop strategy for a City of Modesto media center to share information about city services, programs and policies. Develop an integrated communications strategy that will engage residents through digital platforms, surveys, community meetings, and workshops to ensure residents understand how operational and financial decisions affect local services.
Promote trust and engagement between the community and the City by enhancing responsiveness, communicating broadly about City opportunities and challenges, and increasing public awareness participation in municipal affairs.
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City of Modesto
1010 10th Street
Modesto, CA 95354
www.modestogov.com
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 24, 2025
Date: February 27, 2025
TO: Finance Committee
Rosa Escutia-Braaton, Chair
David Wright, Vice-Chair
Nick Bavaro, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Citywide Fuel Card-Lock Services Agreements
CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-342-2274
DESCRIPTION:
Consider Agreements for the furnishing of Citywide Fuel-Card Lock services with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA; and Hunt & Sons, Inc., Ceres, CA for a total amount between all Agreements combined not to exceed $23,198,063 over five years and forwarding to Council for approval. (Funding Source: Fleet Fund, Outside Fire Contracts, and Stanislaus Regional Transit Authority)
STRATEGIC PLAN ELEMENT:
This item is in conformance with 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 City of Modesto Fleet Services Division is required to maintain fuel services for all the City of Modesto’s owned vehicles and equipment, by providing designed fuel cards to be used for vehicles and equipment valid at various approved gas stations in and around the City of Modesto for city-owned vehicles and equipment to obtain fuel – referred to here as “Citywide Fuel-Card Lock Services”.
The City currently has an agreement approved by Council on June 2, 2020, by Resolution 2020- 247, for an estimated annual amount of $1,800,000, with a seven-year total of $12,600,000 with Stan Boyett & Son, Inc. dba Boyett Petroleum to provide these services. However, that agreement has been amended twice during the Term of the initial Agreement, the first amendment on June 8, 2023, approved under the City Manager authority, due to the sales of several of the retail locations by Boyett Petroleum. On January 23, 2024, under Resolution No. 2024-013, Council approved a Second Amendment for an increase of $2,700,000 from $1,800,000 to a revised #11..
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Finance Committee, March 24, 2025
Citywide Fuel-Lock Card Services Agreements
annual estimated amount of $4,500,000 for year four and year five to a revised total amount of $14,400,000 over five years. Staff recommends new Agreement(s) are needed to address a significant increase in additional equipment, Fire Apparatus, and buses.
Over the four years of this agreement, the fuel rates have fluctuated drastically across the State of California and the United States. This is a commodity that is very challenging to predict the fuel rates since global implications impact these fuel rates. In addition, the City has increased our fleet inventory due to outside service contracts such as Stanislaus Regional Transit Authority (StanRTA) where the establishment of the Joint Powers added an additional 30 cut-away coaches during Fiscal Year (FY) 2021-2022. It is anticipated that StanRTA fleet will increase during 2024- 2025 FY by up to an additional 15 buses.
In providing improved services to the community, there has been an increase in existing City programs, partly as a result from the passing of Measure H that covered rental vehicles and 13 permanent additions to the City fleet. The programs include an additional Slurry crew, expansion of the Forestry program, Park Ranger, Blight Abatement, and Solid Waste. Also, there were contractual conditions that required green waste disposal at the Fink Road Landfill which increased mileage to travel to the disposal site. These program enhancements and added outside services has increased the City’s fleet by an additional 57 vehicles and during the next year it is anticipated the vehicle needs will increase by an additional 50 vehicles.
DISCUSSION:
On March 8, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the furnishing of Fuel-Card Lock services. On August 27, 2024, the Purchasing Division issued Requests for Proposals (RFP) 2324-94 for Fuel-Card Lock services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Twelve companies downloaded the RFP document from PlanetBids.
On October 1, 2024, proposals were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Two companies chose to respond, and two local bids were received.
An evaluation committee comprised of seven City staff members which included Managers, Police Lieutenant, Fire Captain, Parks & Operations Manager, Fleet Manager and Senior Public Works Manager who evaluated the proposals. The evaluation was based on being ranked highest in total evaluation criteria.
Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the Citywide Fuel-Card Lock services to both local vendors for the furnishing of Citywide Fuel-Card Lock services with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA; and Hunt & Sons, Inc., Ceres, CA for a total not to exceed $23,198,063 between the two agreements.
Staff recommends awarding two agreements for Citywide Fuel-Card Lock Services as follows:
1 i.e. 72033 Gasoline, Compressed Natural Gas (CNG), Liquefied Petroleum Gas (LPG), And Diesel Fuel Pumps, Service Station Type 90662 Petroleum and Fuel (Storage and Distribution) – Architectural 95850 Fuel Management Services 40500 Fuel, Oil, Grease and Lubricants
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Finance Committee, March 24, 2025
Citywide Fuel-Lock Card Services Agreements
Agreement 1, Fuel-Card Lock Services Agreement #294032 - $2,250,000 estimated annually to Boyett Petroleum. They are currently working with the City and have an excellent track record of quality service.
Agreement 2, Fuel-Card Lock Services Agreement #294031 - $2,250,000 estimated annually to Hunt & Sons. They are currently working with the City and have an excellent track record of quality service.
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. Based on the responsive and responsible highest score proposer offering the Card-Lock services which conforms to the Modesto Municipal Code, 8-3.203 City Staff recommends the award of proposal for the City Wide Fuel Card Lock Services to both Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA; and Hunt & Sons, Inc., Ceres, CA.
FISCAL IMPACT:
The current agreement with Stan Boyett & Son, Inc. dba Boyett Petroleum spending rate to provide these services is shown in the table below:
Fuel Card-Lock - Boyett Petroleum
Year 1 $1,584,642
Year 2 $2,644,150
Year 3 $2,968,108
Year 4 $3,551,547
Year 5
(July – Dec 2024) $2,197,017
TOTAL $12,945,464
During the last five years, the City has entered into agreements with five Fire Districts, StanRTA Transit and enhanced the fleet with expanded services through Measure H enhancements. The expansion of approximately 60 City vehicles, anticipated 50 additional vehicles during the term of this agreement, and Transit buses numbering approximately 150 has placed increased need for fuel.
The two proposed agreements have a combined estimate annual amount for years one and two of $4,500,000 and a combined estimate annual amount for years three, four, and five of $4,725,000 and resulting in a combined estimated five-year not to exceed total of $23,198,063. A 5% Consumer Price Index increase has been added for years three, four, and five which are included in the Contracted Services pricing. Funds are budgeted in the Fleet Fund, Outside Fire Contracts, and Stanislaus Regional Transit Authority funding and for contingency services being allocated at the time of approval.
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Finance Committee, March 24, 2025
Citywide Fuel-Lock Card Services Agreements
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Award of Bids and Agreements for the furnishing of Fuel-Card Lock Services with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, CA; and Hunt & Sons, Inc., Ceres, CA for an annual combined estimated total of $4,500,000 and a total amount between all Agreements combined not to exceed $23,198,063 over five years and forwarding to Council for approval.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Agreement #294032 - Boyett Petroleum
2. Agreement #294031 - Hunt & Sons
3. Exhibit A – Boyett Petroleum - Bid
4. Exhibit B – Hunt & Sons - Bid
5. Request for Proposal (RFP) Fuel Card-Lock Services
6. Scoring Abstract
Description Year 1 Year 2 Year 3 Year 4 Year 5 Total
Fuel Card-Lock -
Boyett Petroleum $2,250,000 $2,250,000 $2,250,000 $2,250,000 $2,250,000 $11,250,000 Fuel Card-Lock -
Hunt & Sons $2,250,000 $2,250,000 $2,250,000 $2,250,000 $2,250,000 $11,250,000 Consumer Price
Index (5%) $225,000 $236,250 $236,813 $698,063
Total for 5-Yr
Contract $4,500,000 $4,500,000 $4,725,000 $4,736,250 $4,736,813 $23,198,063 #11..
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1 BOYETT PETROLEUM ANNUAL AGREEMENT #294032 – CITYWIDE FUEL CARD-LOCK
SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Stan Boyett & Son, Inc. DBA Boyett Petroleum, a Corporation, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the CITYWIDE FUEL CARD-LOCK 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 CITYWIDE FUEL CARD-LOCK SERVICES as described in IFB 2324-79, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
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2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, 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 $2,250,000. The parties acknowledge that the cost of motor fuel purchased by CITY is outside the control of CITY and CONTRACTOR. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $11,599,031.00; however, the CITY shall be solely responsible for monitoring the amount spent with CONTACTOR under this Agreement and shall be fully liable for all purchases made by CITY using the fleet fueling cards issued by CONTRACTOR. 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
DESCRIPTION EST.ANNUAL
QUANTITY
UNIT OF
MEASURE
IN-NETWORK
MARKUP
FROM OPIS
LOW FIXED
COST*
Unleaded, 87
Minimum Octane
600,000 Gallon $0.08/Gal
Unleaded, 91
Minimum Octane
3,500 Gallon $0.08/Gal
Diesel, Renewable 201,000 Gallon $0.08/Gal
Annual Total Cost to CITY
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3 *OPIS LOW shall be based on the Stockton Area.
f) The “In-Network” sites includes the following to (2) sites Address City State Zip
320 Codoni Avenue Modesto CA 95357
401 9th Street Modesto CA 95354
g) Sites not managed or operated by CONTRACTOR shall be billed at the full retail price for the type of fuel purchased.
2. CITY REPRESENTATIVE:
CITY Representative: Patrick Crowley, Senior Public Works Manager Phone (209) 342-2274 Email [email protected]
Purchasing Representative: Kim Presson, Buyer Phone (209) 577-5375 Email [email protected]
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
3. CONTRACTOR CONTACT:
Seth Terry, VP Branded Wholesale & Supply Programs
Phone; (209) 577-6000 Email: [email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: MARCH 12, 2025, through MARCH 11, 2026
Year 2: MARCH 12, 2026, through MARCH 11, 2027
Year 3: MARCH 12, 2027, through MARCH 11, 2028
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4 Year 4: MARCH 12, 2028, through MARCH 11, 2029
Year 5: MARCH 12, 2029, through MARCH 11, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto 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. A 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 Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
5. 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 “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:
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5 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
6. 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. 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.
7. 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.
8. ATTORNEYS’ 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..
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6 9. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2025-_______.
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-79;
d. Contractor’s City of Modesto business license
10. 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 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 #11..
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7 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.
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8 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:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. 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.
11. 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.
12. 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 remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. #11..
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9 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.
13. 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).
14. 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.
15. 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.
16. 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: Stan Boyett & Son, Inc
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10 601 McHenry Ave
Modesto, CA 95240
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.
17. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
18. QUANTITIES: No minimum or maximum is guaranteed or implied.
19. 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.
20. 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.
21. 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 #11..
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11 the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
22. 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.
23. 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 #11..
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12 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. WAIVER:
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13 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.
29. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
30. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
31. 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 relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
32. 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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14 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. 2025-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed.
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1 HUNT & SONS, LLC ANNUAL AGREEMENT #294031– CITYWIDE FUEL CARD-LOCK
SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Hunt & Sons, LLC, a Limited Liability Company of CA, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2025-______ authorizing the Award of Bid and agreement for the CITYWIDE FUEL CARD-LOCK 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 CITYWID FUEL CARD-LOCK SERVICES as described in IFB 2324-79, 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:
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2 a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, 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 $2,250,000. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $11,599,032.00. 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
DESCRIPTION EST.ANNUAL
QUANTITY
UNIT OF
MEASURE
IN-NETWORK
MARKUP FROM
OPIS LOW FIXED
COST
Unleaded, 87
Minimum Octane
600,000 Gallon $0.08/Gal
Unleaded, 91
Minimum Octane
3,500 Gallon $0.08/Gal
Diesel, Renewable 201,000 Gallon $0.08/Gal
2. CITY REPRESENTATIVE:
CITY Representative: Patrick Crowley, Senior Public Works Manager Phone (209) 342-2274.
Purchasing Representative: Kim Presson, Buyer Phone (209) 577-5375. #11..
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3 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
3. CONTRACTOR CONTACT:
Brad McGhee, Director of Sales
Phone: (209) 522-7291 Email: [email protected]
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: MARCH 12, 2025 through MARCH 11, 2026
Year 2: MARCH 12, 2026 through MARCH 11, 2027
Year 3: MARCH 12, 2027 through MARCH 11, 2028
Year 4: MARCH 12, 2028 through MARCH 11, 2029
Year 5: MARCH 12, 2029 through MARCH 11, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto 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. A 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.
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4 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 Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
5. 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 “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 294031
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax and total
6. 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 #11..
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5 AGREEMENT. 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.
7. 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.
8. ATTORNEYS’ 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.
9. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2025-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-79;
d. Contractor’s City of Modesto business license
10. TERMINATION OF SERVICES:
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6 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 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 #11..
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7 SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. 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.
11. COMPLIANCE WITH ALL LAWS:
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8 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.
12. 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 remains 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.
13. 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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9 14. 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.
15. 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.
16. 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: Hunt & Sons, LLC
5725 Alder Ave
Sacramento, CA 95829
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.
17. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
18. QUANTITIES: No minimum or maximum is guaranteed or implied. #11..
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10 19. 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.
20. 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.
21. 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.
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11 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.
22. 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.
23. 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.
24. 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. #11..
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12 25. 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.
26. 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.
27. 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.
28. 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.
29. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
30. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
31. ENTIRE AGREEMENT:
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13 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 relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
32. 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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14 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. 2025-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed.
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
1 REQUEST FOR PROPOSALS (“RFP”) NO. 2324.79
FOR
CITYWIDE FUEL CARD-LOCK SERVICES
PROPOSAL OPENING: OCTOBER 01, 2024 at 11:00 A.M.
CITY OF MODESTO CONTACT: Kim Presson, Buyer
E-MAIL ADDRESS: [email protected]
EXHIBIT C #11..
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
2 Table of Contents
NOTICE TO PROPOSERS ........................................................................................................................ 3 CALENDAR OF EVENTS ........................................................................................................................ 5 CITY CONTACT ....................................................................................................................................... 5 PRECEDENCE........................................................................................................................................... 5 VIRTUAL BID OPENING......................................................................................................................... 6 GENERAL PROPOSAL REQUIREMENTS............................................................................................. 7 PROPOSAL SUBMITTAL CHECKLIST ..............................................Error! Bookmark not defined.6 PROPOSAL FORM A - RFP ACKNOWLEDGEMENT.................................................................... 16 PROPOSAL FORM B – PROPOSER COMPANY INFORMATION................................................ 19 PROPOSAL FORM C - PRICING SCHEDULE................................................................................. 20 PROPOSAL FORM D – PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS ....... 22 PROPOSAL FORM E – PROPOSER CUSTOMER REFERENCES ................................................. 23 PROPOSAL FORM F - FINANCIAL INTEREST DISCLOSURE.................................................... 25 PROPOSAL FORM G - PROPOSER COMPANY HISTORY STATEMENT .................................. 27 PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS................................................. 28 PROPOSAL FORM I - ADDENDA ACKNOWLEDGEMENT......................................................... 29 PROPOSAL FORM J – PROPOSER WARRANTY STATEMENTS.............................................. 300 PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS ............................. 31 PROPOSAL FORM L - SUBCONTRACTOR LIST........................................................................... 32 TECHNICAL SPECIFICATIONS AND REQUIREMENTS ................................................................. 33
1.1 SCOPE OF WORK:.........................................................................Error! Bookmark not defined.
1.2 REQUIRED LICENSES:................................................................................................................ 36 STANDARD AGREEMENT FOR CONSULTANT SERVICES.......Error! Bookmark not defined. #11..
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
3 NOTICE TO PROPOSERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed proposals (each, a “Proposal”) from qualified Proposers (each, a “Proposer”) for the furnishing of Citywide Fuel Card-Lock services (the “Services”) for the City of Modesto, Public Works, Fleet Division.
Any equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Proposer, included in the Services pricing herein, and not separately charged to the City). Proposers are highly recommended to download all RFP documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; RFP documents shall include all specifications necessary for Proposers to submit a responsive Proposal.
Each Proposal shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to 01, October 2024 at 11:00 A.M., at which time Proposals will be opened and recorded. All Proposals shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.
Proposals will be received only at the address shown above, and prior to the time indicated. Any Proposal received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Proposer unopened.
All Proposals, whether delivered by an employee of the Proposer, U.S. Postal Service, courier or package delivery service must be received and time stamped at the stated address prior to the time designated. The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Proposals. The City of Modesto assumes no responsibility for delay in the delivery of the Proposal. Proposals will not be accepted by email or facsimile.
On the outside of the Proposal envelope and courier envelope, if any, the Proposer shall indicate the following:
“NAME AND ADDRESS OF PROPOSER
PROPOSAL IN RESPONSE TO REQUEST FOR PROPOSALS # 2324-79 PROPOSAL OPENING DATE: October 1, 2024, AT 11:00 A.M.”
Proposer must deliver your Proposal by a preferred method to the appropriate location below:
MAIL TO: CITY CLERK
CITY OF MODESTO
P.O. BOX 642
MODESTO, CA 95354
DELIVER/ COURIER TO: CITY CLERK
CITY OF MODESTO
1010 10TH STREET, SUITE 6600
MODESTO, CA 95353
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
4 The City reserves the right to reject any or all Proposals or to waive any informalities or minor irregularities in a Proposal.
No Proposer may withdraw its Proposal for a period of 90 days after the date set for the opening thereof. #11..
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
5 CALENDAR OF EVENTS
Event Date
RFP Issued August 27, 2024
Written Questions Due via Email September 09, 2024
Addendum Issued (if required) September 13, 2024 (approximate date) Proposal Due Date & Time PRIOR 11:00 A.M. on Tuesday, October 01, 2024 Contract Award Approximately March 2025
CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this RFP (“City Contact”) by the date listed in the CALENDER OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Proposers. All contact between Proposer and the City regarding the Proposal process shall be through the City Contact. Attempts by the Proposer to contact other City personnel regarding this RFP and associated process may result in disqualification of the Proposer. Notwithstanding the foregoing, information intentionally or un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.
PROPOSER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Proposer to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Proposer agrees to and acknowledges all RFP specifications, terms, and conditions and indicates the ability to perform by submission of a Proposal. By the submission of a Proposal, the Proposer certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
PRECEDENCE
Proposer agrees that any agreement resulting from City’s acceptance of its Proposal, together with the terms in any City agreement and associated specifications provided by the City to Proposer therewith, shall comprise the entire agreement between City and Proposer. Moreover, Proposer agrees that any additional or contrary terms contained in Proposer’s acknowledgement of, shall be null and void. #11..
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Proposal openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, October 01, 2024. The City Clerk Record of Proposal document should be available on Planet Proposals by the end of the same day.
The public Proposal opening for this Invitation for Proposals will be available using the URL link containing the Number and Title of the Proposal on the cover page, provided below. By submitting your Proposal for the above-stated RFP you acknowledge, understand, and agree to this modified Proposal opening procedure.
• URL:https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM 2Mz%40thread.v2/0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976- 189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984- 12cd4deaa705%22%7d
• +1 (469) 998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
7 GENERAL PROPOSAL REQUIREMENTS
A. PROPOSAL SUBMITTAL: Proposers should submit two “inked” (preferably blue ink) signed original Proposal documents, plus one copy of the signed original Proposal document, and one electronic copy submitted via USB. The original Proposal document shall be clearly marked.
Photocopies do not constitute an original Proposal. FAILURE TO FURNISH AT LEAST ONE “INKED” SIGNED ORIGINAL PROPOSAL DOCUMENT MAY RESULT IN DISQUALIFICATION.
B. CONFIDENTIAL PROPOSER INFORMATION: It is the responsibility of the Proposers to identify information in their Proposal 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.
C. PROPOSER COSTS INCURRED IN RESPONDING TO RFP: All costs associated with the preparation and submission of a Proposal shall be borne by the Proposer.
D. PROPOSER EXCEPTIONS: All exceptions taken to this RFP and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.
Failure to comply with this provision may deem the Proposal 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 services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or services with exceptions.
E. CITY ACCEPTANCE/REJECTION OF IRREGULAR PROPOSALS: An agreement shall be awarded to the Proposer whose Proposal 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 Proposals or to waive any informalities or minor irregularities in a Proposal.
F. COMPLETE PROPOSAL DOCUMENT: The following forms constitute the makeup of a complete Proposal document and shall signed wherever indicated and be submitted to the City in the order listed:
• Proposal Form A – RFP Acknowledgement
• Proposal Form B – Proposer Company Information
• Proposal Form C - Pricing Schedule
• Proposal Form D - Proposer Exceptions, Clarifications, Amendments • Proposal Form E - Proposer Customer References
• Proposal Form F - Financial Interest Disclosure
• Proposal Form G - Proposer Company History Statement
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REQUEST FOR PROPOSALS # 2324-79
CITYWIDE FUEL CARD-LOCK SERVICES
8 • Proposal Form H – Proposer Financial Statements
• Proposal Form I – Addenda Acknowledgement
• Proposal Form J – Proposer Warranty Statements
• Proposal Form K – Proposer Experience and Certifications • Proposal Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.
G. COMPLIANCE/NON-COMPLIANCE: If Proposer cannot comply with a specification requirement in this RFP, 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 Proposer is not in compliance with the specification, the Proposal may be rejected.
H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required services shall be included in Proposal pricing, along with Proposer’s profit margin and any other cost factors.
• Unless otherwise stated, the Proposer 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.
• Proposer shall use the pricing schedule provided in this RFP to present Proposal pricing.
No other form or format shall be accepted. Proposal 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.
I. AWARD OF AGREEMENT:
• The City may award one or more agreements to one or more Proposer 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.
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9 • The City reserves the right to select that Proposal, which best suits the City’s needs. Price is only one factor that will be considered by the City when awarding an agreement.
Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Proposer 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. • The City will appoint a selection committee to evaluate each Proposer’s submitted Proposal. The City will evaluate Proposals on a 100-point scale based upon the following weighted scoring.
Evaluation Elements Scoring
Method
(pts.)
Price Proposal/Cost
Points shall be assigned on the basis of the estimated
weighted average Contractor Mark-up/Discount Rate
Numerical
Score
Locations Offered
Number of Fueling Site Offered, distance for major
yard sites (Litt/Sutter/Jennings/Jefferson), Effective
Site Fueling Capacity, Safety, site grade availability
Numerical
Score
Fuel Card Administration (fuel type, quantity per
transaction in a day)
Numerical
Score
Fuel Purchase Reporting (transaction history, file
format, per fuel card (vehicle).
Numerical
Score
National fuel network participant Numerical
Score
Reference’s Numerical
Score
Total 100
J. INDEMNITY: Proposer, if awarded an agreement, 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 Proposer, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Proposal. 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 in this Proposal for Proposer to procure and maintain a policy of insurance. With reference to the foregoing, the parties #11..
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10 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 is apportioned to Contractor in accordance with the provisions contained in indemnity.
K. PROPOSER REPRESENTATION: Proposer represents that:
• Proposer 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. • Proposer has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Proposer will complete the proposed services for the compensation stated in any resultant agreement.
• Proposer assumes full and complete responsibility for all conditions relevant to the proposed services and all risks in connection therewith. • Proposer represents that it is fully qualified to perform the proposed services in accordance with the terms of any resultant agreement within the time specified therein.
L. PROPOSAL PROTEST AND APPEAL PROCEDURES: Proposers 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.
"Proposal" 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 an Interested Party may lodge a protest.
Protest Procedures
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11 • Only a Proposer who has submitted a Proposal is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Proposer may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the 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 or 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 under protest by name, Request for Proposal (RFP) or Request for Proposal (RFP) number, and Proposal/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.
• Proposal Protests: A Proposer 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.
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12 All protests to the Director of Finance shall either be delivered to:
City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the further decision of the Director of Finance decision 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
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13 d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than fifteen days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
All protest appeals to the City Council shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. 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 #11..
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14 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. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures.
The City Council is the highest authority of the City of Modesto and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein.
PROPOSAL SUBMITTAL CHECKLIST
The Proposer shall provide a complete Proposal in a sealed envelope by the required deadline on the Proposal Opening Date. Failure to provide all the required documents may cause the Proposal to be considered non-responsive.
Proposer’s Proposal must contain the following applicable elements completed and signed wherever indicated and submitted as described more-fully herein. The following checklist is provided solely for Proposer’s use in reviewing the completeness of your submission:
COMPLETE PROPOSAL ELEMENTS
Proposal Form A - RFP Acknowledgement
Proposal Form B – Proposer Company Information
Proposal Form C - Pricing Schedule
Proposal Form D – Proposer Exceptions, Clarifications, Amendments Proposal Form E – Proposer Customer References
Proposal Form F - Financial Interest Disclosure
Proposal Form G – Proposer Company History Statement
Proposal Form H – Proposer Financial Statements
Proposal Form I - Addenda Acknowledgement
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15 Proposal Form J – Proposer Warranty Statements
Proposal Form K – Proposer Experience and Certifications Proposal Form L - Subcontractor List
Proposer’s submission should include all City of Modesto forms. If any form is not applicable, Proposer should write or type “Not Applicable” on it but still include the form in your submission. #11..
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16 PROPOSAL FORM A - RFP ACKNOWLEDGEMENT
The City is soliciting Proposals from qualified firms (each a “Proposer” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Request for Proposals (“RFP”). This Proposal Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated and submitted with the Proposal response. Obligations assumed by such signature will include the following:
1. Preparation of Proposals: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Proposal. (b) Quote price as specified in Proposal. No alterations or changes of any kind shall be permitted to the Proposal Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Proposal: If you are not submitting a Proposal but want to remain on the mailing list and receive future Proposals, complete, sign and return this Proposal Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the RFP, 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 Proposal. (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 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.
4. Award: (a) Unless otherwise specified by the Proposer or the RFP gives notice of an all-or-none award, the City may accept any item or group of items of any Proposal. (b) Proposals are subject to acceptance by the City at any time within 90 days of opening, unless otherwise specified in the RFP.
A Proposer shall not change its Proposal within such time frame (c) A valid contract based on the sample agreement attached to the RFP and the Proposal shall be mailed, or otherwise furnished, to the successful Proposer within the time for acceptance specified, and such contract shall be a binding contract without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
5. Patent Indemnity: Proposers 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 unpatented invention, article or appliance furnished or used in connection with the contract or purchase order.
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17 6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Proposer’s expense.
7. Rights and Remedies of City’s for Default: (a) In the event any item furnished by the Proposer in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Proposer with its Proposal, the City may reject the same, and it shall thereupon become the duty of the Proposer 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 Proposer fail, neglect or refuse so to do the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items and to deduct from any moneys due or that may there after come due to Proposer, or send an invoice to the Proposer 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 Proposer 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 Proposer. (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.
8. Payment Terms and Methods: Proposer will be able to choose from either of the following payment methods and associated timings:
(a) 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 [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Proposer’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 RFP.
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18 (b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.
9. California Government Code Section 4552: In submitting a Proposal to a public purchasing body, the Proposer offers and agrees that if the Proposal is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Proposer for sale to the purchasing body pursuant to the Proposal. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Proposer.
10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded in under a contract or purchase order resulting from this Proposal.
11. Two “Inked” Signed Original Proposal Documents Requested: Failure to furnish at least one (1) “inked” signed original Proposal documents may result in disqualification. These should be accompanied by one (1) copy of the documents and one (1) electronic copy on a USB drive.
12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Proposal.
THE undersigned acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Proposer indicated in Proposer’s Proposal Forms A through L, attached hereto and made a part hereof, for the pricing proposed on the Pricing Schedule.
Proposer Company Name:
Proposer Headquarters Address:
City/State/Zip:
Signature/Title/Date:
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19 PROPOSAL FORM B – PROPOSER COMPANY INFORMATION
A. Proposer Company Full
Legal Name
B. Proposer Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other
___________________________________________(Describe)
D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):
E. Website Address: www.___________
F. Contact Person Details: Name:
Title:
Phone (Office):
Phone (Mobile):
Mailing Address (Street Address, City, State, Postal Code):
Fax Number:
Email:
G. Federal Taxpayer
Identification Number
(TIN):
H. Dun & Bradstreet (DUNS)
Number:
I. Names and Titles of Top
Three Proposer Officers:
J. Years in Business:
Minimum of 3 years required
K. Proposer Office Address
Closest to City of Modesto
(Street Address, City,
State, Country, Postal
Code):
L. City of Modesto Business
License Number (note –
provide only if available
now - - but not required
until any contract begins):
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20 PROPOSAL FORM C - PRICING SCHEDULE
During the course of any resultant contract fuel pricing shall be based upon OPIS UNBRANDED LOW for the Stockton, California area, on the day of purchase. This price, plus all applicable taxes and Government fees, along with the Contractor’s mark-up margin and fuel network surcharge, shall be the price billed to the CITY.
Documentation of the OPIS UN BRANDED LOW for the Stockton area, including the date and time, shall be included with each billing submitted to the CITY. The evaluation of cost will be based on cost commitments noted in “IN-NETWORK MARKUP”. Cost commitments in “OUT-OF-NETWRK MARKUP” will not be considered a factor in determining the award. The CITY expects proposers to commit to out of network pricing, but the majority of usage is within the city limits of Modesto. Any exceptions, amendments or adjustments should be noted on Proposal Form D – Exceptions, Clarifications, Amendments.
DESCRIPTION EST.ANNUAL
QUANTITY
UNIT OF
MEASURE
IN-NETWORK
MARKUP FROM
OPIS LOW
FIXED COST
EXTENDED ANNUAL COST
(EST ANNUAL QTY INNETWORK MARKUP)
Unleaded, 87
Minimum Octane
600,000 Gallon $___________/Gal $_________________/Toal Unleaded, 91
Minimum Octane
3,500 Gallon $___________/Gal $_________________/Toal
Diesel,
Renewable
201,000 Gallon $___________/Gal $_________________/Toal Annual Total Cost to CITY $_____________________/Total
Additional Services: (Describe) $_____________________________________/UOM Payment Terms:
Check which of the following payment terms/methodology Proposer accepts (a description of each can be found in Proposal Form A – RFP 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, Proposer’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or
ePay Email Address: ______________________________
• Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing: ___ Choose by checking () here.
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21 THE undersigned acknowledges receipt of the referenced RFP and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this RFP and these Proposal documents, for the pricing indicated on the Pricing Schedule.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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22 PROPOSAL FORM D – PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s RFP package, sample agreement, and associate specifications are not encouraged and may cause Proposer to be considered responsible and/or its Proposal to be considered not responsive. Therefore, if no exceptions, clarifications or amendments are proposed by Proposer, it is preferred that Proposer so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Proposer may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Proposal submission.
Nonetheless, Proposer may request Proposal clarifications and exceptions below, if any, sign and submit with your Proposal response. Any requested exception, clarification or amendment may not be accepted and may deem the Proposer as nonresponsive.
Item # Reference To: Description
Page # Section or
Paragraph #
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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23 PROPOSAL FORM E – PROPOSER CUSTOMER REFERENCES
Proposer shall provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced RFP. Proposer’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced RFP.
Proposers failing to provide references may be deemed as non-responsive.
The City may contact some or all of the references provided in order to determine the Proposer’s performance record on services similar to that described in the above-referenced RFP. The City reserves the right to contact references other than those provided in Proposer’s submission and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
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24 Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
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25 PROPOSAL FORM F - FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this RFP process and Proposer’s submission of a Proposal 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 Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.
Proposer must therefore complete this Proposal Form F – Financial Interest Disclosure, 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
Proposer shall identify any person with a financial interest in the Proposer 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 Proposer 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 Proposer 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 Proposer 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. #11..
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26 Print Names of Persons Having a Financial Interest in Proposer 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.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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27 PROPOSAL FORM G - PROPOSER COMPANY HISTORY STATEMENT Company History Statement - Proposer 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 Proposals (RFP).
The Proposer’s company history overview statement shall be approximately one to three pages in length and inserted below:
Proposer Company Legal Name: Insert Proposer Logo Here (if existent):
Insert Proposer Company History Overview Statement Beginning Here:
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28 PROPOSAL FORM H - PROPOSER FINANCIAL STATEMENTS
Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:
Financial Stability:
City staff will request financial statements from the proposer whose proposal is determined to best meet the City’s needs, as determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if un-audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements.
A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal if such inability exists.
One complete set of Financial Statements shall be submitted within two (2) business days of City request.
Financial Statements, whether delivered via email, by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received by the City of Modesto, Purchasing Division within two (2) business days of request. Financial statements delivered via email should be sent to [email protected]. If sent via email, proposer is encouraged to follow-up with a phone call to Kim Presson at (209) 577-5375, to confirm receipt. Failure of proposer to provide requested documents within two (2) business days, may disqualify proposer from further consideration. The City of Modesto assumes no responsibility for delay in the delivery of the Financial Statements to the City.
CITY OF MODESTO, PURCHASING DIVISION
1010 10TH STREET, SUITE 5300
ATTN: KIM PRESSON
CITYWIDE FUEL CARD-LOCK SERVICES #2324-79
MODESTO, CA 95354
By signing this document, I confirm that I understand the financial statement requirements as set forth above.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative: __________________________________________________ #11..
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29 PROPOSAL FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the RFP period, Proposer is responsible for regularly checking the City of Modesto’s Planet Proposal website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the RFP number listed on the Cover Page and in the header of each subsequent page of this RFP, and in any event, no later than the day prior to Proposal opening.. The changes identified in any addenda issued will modify this RFP and specifications. The addenda now become a part of this RFP and Proposer’s resultant Proposal. Signing the Proposal on the signature portion thereof, the Proposer is acknowledging that the Proposer has confirmed that it has received all addenda issued for RFP, and has included costs for such in the Proposal submitted. Failure to list and acknowledge all addenda numbers may cause Proposer’s Proposal to be considered nonresponsive.
Do not attach any of the addenda to this sheet nor include them with the Proposal.
If no addenda have been issued against this RFP solicitation, Proposer may write “Not Applicable” and return this Proposal Form as part of its submission. Alternatively, Proposer may leave this Proposal Form out of its submission.
But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.
The Proposal is submitted with respect to the changes to the RFP included in addenda numbers:
List All Addenda Numbers, Separated by Commas
(“,”):
Proposer Company Name:
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30 PROPOSAL FORM J – PROPOSER WARRANTY STATEMENTS
As a material part of its Proposal, Proposer shall insert below a written statement detailing any materials and workmanship warranties, term and conditions in conformance with the specifications and requirements set forth in this RFP.
Notwithstanding any other provisions of this RFP, Proposer warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Proposal shall be on the most suitable grade and meet or exceed the standards set forth in this RFP. Such warranty shall include the following; performance, workmanship, labor, materials, and Proposer design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Proposal, Proposer 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.
Proposer Company Legal Name: Insert Proposer Logo Here (if existent):
Insert Proposer Warranty Statement Beginning Here:
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31 PROPOSAL FORM K – PROPOSER EXPERIENCE AND CERTIFICATIONS Proposer shall provide below a summary covering the following:
A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this RFP:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Proposal Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications and representative experience.
B. Certifications: Proposer shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include. #11..
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32 PROPOSAL FORM L - SUBCONTRACTOR LIST
Proposer shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Proposer. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:
Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
Proposer Company Name:
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33 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
1. SCOPE OF WORK:
1.1. Bidder must have a minimum of three (3) years of experience in providing services as outlined in this Invitation For Proposal (IFP)
1.2. Preferred participant in a National Fuel Network
1.3. The Fuel Card Program provides approximately 1,000 fuel cards for various City vehicles and equipment from all departments as identified through Public Works Fleet Services, including Fire, Police, Motor Pool, Water and Wastewater Utilities, and Pubic Works.
1.4. The City purchases approximately 201,000 gallons of diesel (Renewable), 600,000 of 87 octane unleaded gasoline, and 3,500 of Premium Grade unleaded gasoline (Police motorcycles only) on an estimate annually basis. Quantities listed are only an estimate; the actual quantity purchased may be more or less.
1.5. Contractor shall provide fuel card-lock services to the City, on an ongoing basis, throughout the term of the agreement. Contractor shall both meet the access demands within the County and City limits, and also provide a network of fueling locations throughout the state, meeting the requirements as outlined in the Invitation for Bids (BID).
1.6. The Contractor shall provide capacity to fill the County Transit Buses as a contingency plan for the approximately 145 buses. The Bus Maintenance Facility is the primary fueling facility for the diesel powered transit fleet, however in the event of a failure at this facility, the Contractor shall be able to provide adequate supply.
1.7. Fuels must meet or exceed all Federal, State, Local, and automotive manufacturer’s standards including California Air Resource Board (CARB) and local Air Board regulations.
1.8. Standard 87 octane unleaded, Premium-grade (exclusive to Police motorcycles), and diesel (Renewable) must be available.
2. CARDLOCK FACILITIES OBJECTIVE NEEDS:
2.1. City is seeking a Contractor that can offer the largest selection of service centers that offer fuel, including 87 octane unleaded regular gasoline, premium unleaded (Police motorcycles only), and diesel (Renewable) fuel.
2.2. The Contractor shall have fueling stations located throughout Stanislaus County allowing for convenient access for vehicles operated by law enforcement, road maintenance crews, building inspectors, parks personnel, etc.
2.3. The City of Modesto requires that fuels (regular-grade and premium-grade) unleaded gasoline, and diesel (Renewable) be available for purchase at cardlock facilities from at least ten (10) areas of Stanislaus County, five (5) within Modesto City limits, including at least one (1) location each within the downtown area, and one (1) location in the within the northwest area of the city limits. #11..
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34 2.4. Service/fuel must be available 24 hours a day, seven (7) days a week, 365 days a year. Cardlock facilities must be safe, well lit, and easily accessible for the fueling needs of City vehicles, including law enforcement, road maintenance crews, building inspectors, parks personnel, etc., and heavy equipment. The card system shall accommodate state-wide (California) access for pre-authorized vehicles.
2.5. The card system shall utilize a card assigned to the vehicle with a security code pin assigned to each employee. Any lost, stolen, or damaged fuel cards shall be replaced at no charge. If a fuel card is reported lost or stolen by City personnel, the City shall not be held responsible for charges made on such card from that time forward.
3. CARD ADMINISTRATION REQUIREMENTS:
3.1. Contractor shall provide all initial cards and any lost or stolen cards at no cost to the City during the life of the contract. At a minimum, the card system shall meet the following requirements:
a. The card shall be assigned to the vehicle or equipment, no cards shall be issued to personnel.
Example: Assigned vehicle number (Equipment ID - 32469). b. Have the ability to identify the single person authorized to use the cardlock system. Example:
Personal Identification Number (PIN – 12345).
c. No keyed entry of equipment shall be allowed.
d. The reporting system shall have the capability of identifying which cards are used for each transaction.
e. All City transactions shall be validated to cards issued to the City and no other vendor card or PIN will access the City’s account.
f. All PINs issued to City personnel shall be from a validated list of City employees approved in writing by the City Fleet Manager or designee.
g. The City shall have the ability to cancel (deactivate) employee PIN / vehicle card. Example: A card issued becomes lost, a new card is issued and then the original (lost) card is found. (This scenario would allow transactions on two (2) cards for the same vehicle). This shall not be permitted by the system.
4. GENERAL REQUIREMENTS:
4.1. Employee (PIN), vehicle (equipment ID), and mileage shall be validated on each transaction.
4.2. Milage shall not allow all the same digits (example – 1111)
4.3. Transaction Limits shall be determined and implemented by the City Fleet Manager based on the equipment/vehicle type.
a. Example, Limit vehicle to 25-gallons of fuel within a twenty-four (24) hour period, based on vehicle type.
4.4. Fuel card-lock system shall have the ability to provide all transaction data for use in a text file to the City’s Fleet Management or its system (Assetworks). Text file shall include the following:
a. Transaction Number
b. Invoice Number
c. Billing Date
d. Account Number
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35 e. Employee PIN
f. Vehicle ID
g. Transaction Date
h. Transaction Time
i. Transaction Location
j. Fuel Type
k. Quantity
l. Vehicle Odometer
m. Unit Price
n. Total Cost
4.5. Billing shall be submitted bi-weekly (preferred), monthly at a minimum, via email each billing cycle
4.6. Fueling stations shall have video surveillance for theft investigation. Video shall be made available to the City upon request.
5. FUEL TYPE RESTRICTION:
5.1. The fuel card-lock system shall have the ability to restrict fuel type. Limiting purchases to specific grade of fuel.
a. 87-Octane, Unleaded.
b. Renewable Diesel for Diesel Powered Vehicles.
c. 91-Octane, Police Motorcycles Premium Grade.
d. Determined based on the equipment ID assigned to the card.
6. INTERUPTION IN SERVICE:
6.1. Contractor shall notify the city at a minimum of three (3) business days in advance of foreseeable service interruptions or system upgrades (supply chain impacts, facility/equipment scheduled maintenance, etc.). This advanced notice is required to accommodate the City’s ability to provide services to the community.
7. FUEL PRICING:
7.1. The price for fuel shall be based on the stated differential above (+) or below (-) the Monday morning oil price information service (OPIS) average rack reference quoted for the Stockton, California market in the week of purchase. The price will be determined by adding or subtracting the stated differential to or from the published weekly Monday morning OPIS average rack to obtain the invoice price for each week.
7.2. If OPIS does not report a Monday average market area price for a single week, the most recently published Monday market price shall be used in computing the invoice price. If two (2) or more weeks pass without the publishing of prices, it shall be the Contractor's responsibility to notify the City. The City Purchasing Manager or designee will then negotiate an interim price to be used until a current OPIS low price is again published for the Stockton market area.
7.3. If the marketing publication is substantially modified or discontinued, City Purchasing Manager reserves the right to re-establish the price mechanism of the Agreement, or to cancel all or part of the Agreement without prejudice against either party to the Agreement. #11..
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36 8.0 REQUIRED LICENSES:
8.1 Proposer must have all licenses, permits, bonds and certifications as may be required by the State of California to provide the products and service identified herein, including the authority to conduct business within the State of California. Prior to beginning any service that shall be furnished under this specification, the Proposer 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 Proposer shall maintain a City of Modesto business license for the duration of the agreement.
9.0 TERM OF AGREEMENT:
9.1 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 RFP.
b. Price increases for subsequent agreement years three, four, and five, shall not exceed the Petroleum, Gas, Diesel Index https://www.eia.gov/dnav/pet/pet_pri_gnd_dcus_sca_w.htm in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Consultant(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.
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37 SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________, 2025, 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. 202X-______ authorizing the Award of Bid and agreement for the CITYWIDE FUEL CARD-LOCK 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 CITYWID FUEL CARD-LOCK SERVICES as described in IFB 2324-79, 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, bonds and #11..
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38 insurance necessary to perform and complete the required work as specified in Exhibit “C”, 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. CITY REPRESENTATIVE:
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.
3. CONTRACTOR CONTACT:
4. TERM OF AGREEMENT:
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39 The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: MONTH, DAY, 2025 through MONTH, DAY 2026
Year 2: MONTH, DAY 2026 through MONTH, DAY 2027
Year 3: MONTH, DAY 2027 through MONTH, DAY 2028
Year 4: MONTH, DAY 2028 through MONTH, DAY 2029
Year 5: MONTH, DAY 2029 through MONTH, DAY 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto 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. A thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division, and approved at the sole discretion of the CITY.
The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies.
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40 a. 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 limity shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
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41 The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [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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42 7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, 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. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled.
The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced as immediately after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
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43 a. Resolution No.2025-_______;
b. CONTRACTOR Bid submittal;
c. IFB No. 2324-79;
d. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any 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 underthe Agreement, eitherin whole orin 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 materialsin 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 #11..
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44 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 otherinformation andmaterial as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; #11..
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45 b. 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.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or #11..
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46 materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: __________________
__________________
__________________
__________________
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.
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47 18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
19. QUANTITIES: No minimum or maximum is guaranteed or implied.
20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. #11..
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48 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES.
d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation, and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, 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. #11..
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49 25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
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50 31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY. Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the 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 relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
33. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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51 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. 2025-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2025 and _____________________has caused this Agreement to be duly executed.
CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
MATHEW BRALEY, ARM-PE,
Risk Manager
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RFP No. XXXX-XX - Description Max
Score Vendor 1
Requirements - Primary Selection Criteria - 100 total points possible Criteria 1 30
Criteria 2 20
Criteria 3 20
Criteria 4 15
Criteria 5 15
Total Score 100 0
Ranking 1
The Score for each is the AVERAGE of all committee member's scoring. #11..
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Vendor 2
Vendor 3Vendor 4Vendor 5Vendor 6Vendor 7Vendor 8Vendor 9 0 0 0 0 0 0 0 0
1 1 1 1 1 1 1 1
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Vendor 10
0 1
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Evaluator Initials: Proposals Evaluation
RFP No. 2324-79 - CITYWIDE FUEL CARD-LOCK SERVICES Max
Score Hunt & Son
Boyett
Requirements - Primary Selection Criteria - 100 total points possible Price Proposal/Cost 20 20 20
Locations offered - (Number of Fueling Sites Offered) 35 20 24 Fuel Card Administration - (Fuel type, quantity per transaction in a day) 15 13 13 Fuel Purchase Reporting (transaction history, file format, per fuel card/vehicle) 10 8 9 National Fuel network participant 10 8 8
Reference's 10 9 9
Total Score 100 78 83
Ranking 2 1
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
March 24, 2025
Date: March 5, 2025
TO: Finance Committee
Nick Bavaro, Chair
Rosa Escutia-Braaton, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Construction Contract with SAK Construction, LLC Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project CONTACT: Cristian C. Ciotau, Engineering Division Manager [email protected], 209-571-5175
DESCRIPTION:
Consider the acceptance of the Plans and Specifications for the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project, accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $22,830,295, authorizing 12% in contingency (if needed), for a total payment amount not to exceed $25,569,931 and forwarding to Council for approval. (Funding Source: Wastewater Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City’s Wastewater Collection System Master Plan identifies the rehabilitation of the West Trunk from the Woodland Lift Station to the Dryden Box located at the Regional Water Recycling Facility - Sutter Campus (Sutter Campus) as a priority. Identified as Project “C-1” it was created after a condition assessment concluded that the unlined reinforced concrete pipe was beginning to show missing or protruding aggregate in the crown area.
The West Trunk is one of the City’s five major trunk lines that convey flows to the Sutter Campus. The West Trunk is approximately 8.9 miles long and conveys about 35 percent of the City’s total average dry weather flow.
This project will rehabilitate 12-, 18-, 27-, and 54-inch diameter pipes using trenchless cured in place pipe lining technology, with the key objective of preserving the integrity of the existing pipe and extending its useful life.
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Finance Committee, March 24, 2025
Construction Contract with SAK Construction, LLC
Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project