Agenda packet — Modesto City Council, April 22, 2025 (part 3 of 3)

• 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.
#16..
- 651 -

Page 29 of 83 ends

City of Modesto SSMP Change Log
Date Updated Plan Element Change Comments Approved
#16..
- 652 -
#16..
- 653 -
#16..
- 654 -
#16..
- 655 -
#16..
- 656 -
#16..
- 657 -
#16..
- 658 -
#16..
- 659 -
#16..
- 660 -
#16..
- 661 -
#16..
- 662 -
#16..
- 663 -
#16..
- 664 -
#16..
- 665 -
#16..
- 666 -
#16..
- 667 -
#16..
- 668 -
#16..
- 669 -
#16..
- 670 -
#16..
- 671 -
#16..
- 672 -
#16..
- 673 -
#16..
- 674 -
#16..
- 675 -
#16..
- 676 -
#16..
- 677 -
#16..
- 678 -
#16..
- 679 -
#16..
- 680 -
#16..
- 681 -
#16..
- 682 -
#16..
- 683 -
#16..
- 684 -
#16..
- 685 -
#16..
- 686 -
#16..
- 687 -
#16..
- 688 -
#16..
- 689 -
#16..
- 690 -
#16..
- 691 -
#16..
- 692 -
#16..
- 693 -
#16..
- 694 -
#16..
- 695 -
#16..
- 696 -
#16..
- 697 -
#16..
- 698 -
#16..
- 699 -
#16..
- 700 -
#16..
- 701 -
#16..
- 702 -
#16..
- 703 -
#16..
- 704 -
#16..
- 705 -
#16..
- 706 -
#16..
- 707 -
#16..
- 708 -
#16..
- 709 -
#16..
- 710 -
#16..
- 711 -
#16..
- 712 -
#16..
- 713 -
#16..
- 714 -
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.
#16..
- 715 -
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.
#16..
- 716 -

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 #16..
- 717 -
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.
#16..
- 718 -
#16..
- 719 -
#16..
- 720 -
#16..
- 721 -
#16..
- 722 -
#16..
- 723 -
#16..
- 724 -
#16..
- 725 -
#16..
- 726 -
#16..
- 727 -

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
#16..
- 728 -
• 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)
#16..
- 729 -
• 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
#16..
- 730 -

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
#16..
- 731 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 22, 2025
Date: April 2, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Lease Extension for the Property Located at 131 9th Street, Modesto CONTACT: Cristian Ciotau, Engineering Division Manager
[email protected], 209-571-5175
DESCRIPTION:

Consider approving a two-month extension of the Lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for the City-owned property located at 131 9th Street. (Funding Source: Wastewater Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the 2020-2025 City’s Strategic Plan Initiatives, Goal D:

Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The 2007 Wastewater Collection System Master Plan (WWCSMP) identified key hydraulic and condition deficiencies in the City’s wastewater collection system; These conclusions were reevaluated as part of the 2016 WWCSMP. The River Trunk Realignment was one of the main priority projects identified in the 2016 WWCSMP and addresses deficiencies in the River Trunk, Sutter Trunks, and Beard Brook Siphon.

On April 1, 2014, by Resolution No. 2014-121, Council approved an Agreement with Carollo Engineers, Inc., (Carollo) for the preparation of a Preliminary Design Report (PDR) to evaluate the necessary improvements, determine the most economical and beneficial approach, and evaluate different alternatives to address the existing deficiencies of the River Trunk.

On March 1, 2016, by Resolution No. 2016-125, Council approved an Agreement with Carollo for Engineering Design Services for the River Trunk Realignment Project. The scope of the Agreement included the design of a major lift station and force-mains (River Trunk Pump Station - Project No. 1), the gravity sewer crossing under Beard Brook Park and gravity system along Colorado Avenue (River Trunk Gravity System – Project No. 2), and a pump station for the Shackelford Crossing (River Trunk Shackelford – Project No. 3). #17..
- 732 -
City Council, April 22, 2025
Lease Extension for the Property Located at 131 9th Street, Modesto

Page 2 of 3 ends

After considering multiple options, it was determined that the triangular piece of property located at 131 9th Street (southwest corner of B Street and 9th Street) would be an appropriate location for the River Trunk Pump Station. This property is large enough to adequately construct, operate, and maintain the necessary facilities; For these reasons, staff negotiated the purchase of the property.

On July 11, 2023, by Resolution No. 2023-357, Council approved the purchase of the property located at 131 9th Street, Modesto.

Currently, the Liz Andrews Furniture Store is located on the property; as the new property owner, the City has taken over the Lease.

On December 10, 2024, by Resolution No. 2024-161, the City Council approved a three-month extension of the Lease with Juana Monreal and Jose Solis, which expired on March 31, 2025.

DISCUSSION:

The Liz Andrews Furniture Store is in the process of moving to a new site, but recently learned some unexpected site improvements will be necessary before the business can be relocated.

The owners have requested that their Lease be extended to facilitate a smooth transition to their new location.

Staff has determined that the Lease can be extended by two months without interfering with or delaying the planned River Trunk Realignment Project. The proposed Amendment will extend the term of the Lease through May 31, 2025. Staff anticipate that the Project will be put out to bid in the Summer 2025, with construction to begin in Fall 2025.

FISCAL IMPACT:

Revenue associated with this Lease is being accounted for in the following Capital Improvement Project:
100646 – River Trunk Realignment
At the current rent of $3,535 per month, the Lease extension will result in an additional $7,070 in revenue to offset the Project’s expenses.

COMMITTEE RECOMMENDATION:

There has been no Committee action taken on this item due to the need to avoid any delays in approving the Lease extension.

CEQA/NEPA REQUIREMENTS:

Environmental review for the River Trunk Realignment Project has been provided through the 2017 Wastewater Master Plan Environmental Impact Report (EIR) (SCH # 2016062033) certified by Council on January 28, 2020. Extension of the Lease is exempt from further environmental review.
#17..
- 733 -
City Council, April 22, 2025
Lease Extension for the Property Located at 131 9th Street, Modesto

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a two-month extension of the Lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for City-owned property located at 131 9th Street, and authorizing the City Manager, or his designee, to execute the lease amendment.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Lease Agreement

3. Lease Agreement – First Addenda

5. Lease Agreement – Second Addenda

6. Lease Agreement – First Amendment

7. Lease Agreement – Second Amendment
#17..
- 734 -
4/22/2025/Utilities/CCiotau/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING A TWO-MONTH EXTENSION OF THE LEASE

WITH JUANA MONREAL AND JOSE SOLIS, INDIVIDUALS DOING BUSINESS

AS LIZ ANDREWS FURNITURE, FOR CITY-OWNED PROPERTY LOCATED AT 131 9TH STREET, AND AUTHORIZING THE CITY MANAGER, OR HIS

DESIGNEE, TO EXECUTE THE LEASE AMENDMENT
WHEREAS, the City previously approved a recommended plan to address the failing River Trunk facility by moving forward with final design of the River Trunk Realignment Project, and
WHEREAS, the Project consists of multiple components, including a new River Trunk Pump Station with dual force mains, and
WHEREAS, after evaluating multiple options, the City determined that the triangular piece of property at the southwest corner of B Street and 9th Street was the best location for the planned pump station, and
WHEREAS, this property was large enough to adequately construct, operate, and maintain the facilities required for the River Trunk Pump Station, and WHEREAS, on July 11, 2023, the City Council approved the City’s purchase of the property located at 131 9th Street, Modesto, California (the “Property”), and completed the purchase in the Fall of 2023, and
WHEREAS, the Property had an existing tenant, the Liz Andrews Furniture Store, with a Lease expiring on December 31, 2024, and
WHERES, the Lease was previously amended to extend the term until March 31, 2025, and
WHEREAS, the Liz Andrews Furniture Store is in the process of relocating to a new site, and
#17..
- 735 -
4/22/2025/Utilities/CCiotau/Item X 2 2025-XX
WHERAS, the Liz Andrews Furniture Store recently requested the Lease be extended for two additional months, until May 31, 2025, in order to facilitate a smooth relocation, and
WHEREAS, the rental amount will remain $3,535 for the two-month extension, and
WHEREAS, the extension of the Lease will not interfere with or delay the planned Project.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a two-month extension of the Lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for City-owned property located at 131 9th Street.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Lease Agreement, in a form approved by the City Attorney. #17..
- 736 -
04/22/2025/Utilities/CCiotau/Item XX 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of April, 2025, by ___________, who moved its adoption, which motion being duly seconded by ___________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#17..
- 737 -
#17..
- 738 -
#17..
- 739 -
#17..
- 740 -
#17..
- 741 -
#17..
- 742 -
#17..
- 743 -
#17..
- 744 -
#17..
- 745 -
#17..
- 746 -
#17..
- 747 -
#17..
- 748 -
#17..
- 749 -
#17..
- 750 -
#17..
- 751 -
#17..
- 752 -
#17..
- 753 -
#17..
- 754 -
#17..
- 755 -

COMMERICAL LEASE SECOND AMENDMENT
131 9th Street
This COMMERICAL LEASE SECOND AMENDMENT (this “Second Amendment”), dated as of _________, 2025 (the “Effective Date”), is entered into by and between the City of Modesto, a California charter city (hereafter the “City” or “Lessor”) and Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture (the “Lessee”). City and Tenant are hereafter collectively referred to as the “Parties.”

RECITALS
A. Stanislaus Distributing Company previously entered into that certain commercial lease dated August 1, 2008 with Lessee (the “Lease”) for the property located at 131 9th Street, Modesto, California (the “Property”).

B. Addenda to the Lease were executed on November 16, 2018 and February 28, 2020. An amendment to the Lease was executed in December 2024.

C. The City is the successor-in-interest to the Stanislaus Distributing Company under the Lease. Varni Brothers Corporation is the successor-in-interest to Juana Monreal and Jose Solis under the Lease.

D. The term of the Lease, as amended, ends on March 31, 2024. Lessee has requested a twomonth extension of the term of the Lease to provide additional time for the Lessee to relocate.

E. The Parties desire to temporarily extend the term of the Lease pursuant to the terms and conditions contained herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor and the Lessee hereby agree as follows:

1. Recitals. The above recitals are true and correct, and are incorporated into this Amendment by reference.

2. Term Extension. The Lease is hereby amended to extend the term of the Lease through May 31, 2025. Lessee must remove all personal property from, and vacate, the Property by this date. Tenant shall have absolutely no right to holdover and retain possession of the Property after May 31, 2025.

3. No Relocation Benefits. Lessee acknowledges that Lessee has no existing legal right to occupy the Property after March 31, 2025, and that Lessor is voluntarily agreeing to extend the term of the Lease an additional two months. Lessee acknowledges and agrees that it is a “postacquisition tenant” under applicable law for the purposes of this Amendment, and Lessee is not entitled to receive any payments under either the State or Federal Uniform Relocation Assistance Act (Government Code Section 7260 et seq. or 42 USC Section 4601 et seq.) upon the expiration of the Lease.
#17..
- 756 -

4. Waiver. Lessee understands and acknowledges that Lessor, and its officers, officials, agents, employees, and consultants (collectively, “Lessor Parties”) may be conducting inspections and testing of the Property during the term of the Lease, and that such activity may cause minor damage to the Property. Lessee hereby waives, releases, and discharges forever the Lessor Parties from all present and future liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including, without limitation, reasonable attorneys’ fees and costs of litigation) (all of the foregoing collectively “Claims”) of any kind or nature whatsoever, arising out of or in any way connected with Lessor Parties entry upon of the Property, and related inspection and testing thereof, except and to the extent caused solely by the gross negligence or willful misconduct of any of the Lessor Indemnitees. The provisions of this Section shall survive the expiration or termination of the Lease.

5. Effect of Amendment. Except as explicitly provided by this Amendment, all of the terms and condition of the Lease, as previously modified by prior addenda, shall remain in full force and effect.

IN WITNESS WHEREOF, CITY OF MODESTO, a municipal corporation, has authorized the execution of this Amendment to Commercial Lease in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ___ day of ___________, 2025, and JUANA MONREAL and JOSE SOLIS have caused this Agreement to be duly executed as of the Effective date. #17..
- 757 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 22, 2025
Date: March 5, 2025
TO: Mayor and City Council
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 approving 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. (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 annual estimated amount of $4,500,000 for year four and year five to a #18..
- 758 -
City Council, April 22, 2025
Citywide Fuel-Lock Card Services Agreements

Page 2 of 4 ends

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 cutaway coaches during Fiscal Year (FY) 2021-2022. It is anticipated that StanRTA fleet will increase during FY 2024-2025 by an additional 15 buses.

As a result of 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 FuelCard-Lock services. On August 27, 2024, the Purchasing Division issued Requests for Proposals (RFP) 2324-94 for FuelCard-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 City-Wide FuelCard-Lock services to both local vendors for the furnishing of City-Wide FuelCard-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
#18..
- 759 -
City Council, April 22, 2025
Citywide Fuel-Lock Card Services Agreements

Page 3 of 4 ends

Agreement 1, FuelCard-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, FuelCard-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.
#18..
- 760 -
City Council, April 22, 2025
Citywide Fuel-Lock Card Services Agreements

Page 4 of 4 ends

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on March 24, 2025, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving Agreements for the furnishing of FuelCard-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 authorizing the City Manager, or his designee, to execute the Agreements.

Approved by:

Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement #294032 - Boyett Petroleum

3. Agreement #294031 - Hunt & Sons

4. Exhibit A – Boyett Petroleum - Bid

5. Exhibit B – Hunt & Sons - Bid

6. Exhibit C - RFP Fuel Card-Lock Services

7. 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 #18..
- 761 -
1 2025-

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING AGREEMENTS FOR THE FURNISHING OF
FUELCARD-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 AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE TO EXECUTE THE AGREEMENTS
WHEREAS, 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 FuelCard-Lock Services”; and WHEREAS, on March 8, 2024, the City Manager authorized the Purchasing Manager to solicit the procurement for the furnishing of FuelCard-Lock services. On August 27, 2024, the Purchasing Division issued Requests for Proposals (RFP) 2324-94 for FuelCard-Lock services on the City’s PlanetBids public bidding website under various commodity. Prospective bidders were notified online and via email of the bid opportunity. Twelve companies downloaded the RFP document from PlanetBids; and WHEREAS, 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. Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the City-Wide FuelCard-Lock services to both local vendors for the furnishing of City-Wide FuelCard-Lock services with Stan Boyett & Son, Inc. dba Boyett Petroleum, Modesto, #18..
- 762 -
2 2025-
CA; and Hunt & Sons, Inc., Ceres, CA for a total not to exceed $23,198,063 between the two agreements; and
WHEREAS, Staff recommends awarding two agreements for City-Wide FuelCard-Lock Services as follows: 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; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. 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; and
WHEREAS, 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 #18..
- 763 -
3 2025-
Transit Authority funding and for contingency services being allocated at the time of approval.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves 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.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreements, in a form approved by the City Attorney. #18..
- 764 -
4 2025-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of April, 2025, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M SANCHEZ, City Attorney
#18..
- 765 -
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:
#18..
- 766 -
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 $11,599,032.00; 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
#18..
- 767 -
3 *OPIS LOW shall be based on the Stockton Area.
f) The “In-Network” sites include the following two (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: APRIL 22, 2025, through APRIL 21, 2026
Year 2: APRIL 22, 2026, through APRIL 21, 2027
Year 3: APRIL 22, 2027, through APRIL 21, 2028
#18..
- 768 -
4 Year 4: APRIL 22, 2028, through APRIL 21, 2029
Year 5: APRIL 22, 2029, through APRIL 21, 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.

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:
#18..
- 769 -
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. #18..
- 770 -
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 #18..
- 771 -
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.
#18..
- 772 -
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. #18..
- 773 -
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
#18..
- 774 -
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 #18..
- 775 -
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 #18..
- 776 -
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.

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:
#18..
- 777 -
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.
#18..
- 778 -
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.

#18..
- 779 -
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:
#18..
- 780 -
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 $11,599,031.00. 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. #18..
- 781 -
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: APRIL 22, 2025 through APRIL 21, 2026
Year 2: APRIL 22, 2026 through APRIL 21, 2027
Year 3: APRIL 22, 2027 through APRIL 21, 2028
Year 4: APRIL 22, 2028 through APRIL 21, 2029
Year 5: APRIL 22, 2029 through APRIL 21, 2030
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

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.
#18..
- 782 -
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:

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 #18..
- 783 -
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:

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:
#18..
- 784 -
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 #18..
- 785 -
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:
#18..
- 786 -
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.

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.

16. NOTICES:

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. #18..
- 788 -
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.

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.
#18..
- 789 -
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.

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. #18..
- 790 -
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.

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:
#18..
- 791 -
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.
#18..
- 792 -
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.

#18..
- 793 -
#18..
- 794 -
#18..
- 795 -
#18..
- 796 -
#18..
- 797 -
#18..
- 798 -
#18..
- 799 -
#18..
- 800 -
#18..
- 801 -
#18..
- 802 -
#18..
- 803 -
#18..
- 804 -
#18..
- 805 -
#18..
- 806 -
#18..
- 807 -
#18..
- 808 -
#18..
- 809 -
#18..
- 810 -
#18..
- 811 -
#18..
- 812 -
#18..
- 813 -
#18..
- 814 -
#18..
- 815 -
#18..
- 816 -
#18..
- 817 -
#18..
- 818 -
#18..
- 819 -
#18..
- 820 -
#18..
- 821 -
#18..
- 822 -
#18..
- 823 -
#18..
- 824 -
#18..
- 825 -
#18..
- 826 -
#18..
- 827 -
#18..
- 828 -
#18..
- 829 -
#18..
- 830 -
#18..
- 831 -
#18..
- 832 -
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 #18..
- 833 -
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. #18..
- 834 -
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
#18..
- 835 -
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. #18..
- 836 -
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. #18..
- 837 -
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.
#18..
- 838 -
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
#18..
- 839 -
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.
#18..
- 840 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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 #18..
- 841 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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
#18..
- 842 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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.
#18..
- 843 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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
#18..
- 844 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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 #18..
- 845 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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
#18..
- 846 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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. #18..
- 847 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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.
#18..
- 848 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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.
#18..
- 849 -
REQUEST FOR PROPOSALS # 2324-79

CITYWIDE FUEL CARD-LOCK SERVICES
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:
#18..
- 850 -
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):
#18..
- 851 -
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.
#18..
- 852 -
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:
#18..
- 853 -
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:
#18..
- 854 -
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:
#18..
- 855 -
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 $
#18..
- 856 -
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. #18..
- 857 -
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:
#18..
- 858 -
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:
#18..
- 859 -
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: __________________________________________________ #18..
- 860 -
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:
#18..
- 861 -
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:
#18..
- 862 -
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. #18..
- 863 -
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:
#18..
- 864 -
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. #18..
- 865 -
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
#18..
- 866 -
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. #18..
- 867 -
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.
#18..
- 868 -
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 #18..
- 869 -
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:
#18..
- 870 -
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.

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.
#18..
- 871 -
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.
#18..
- 872 -
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
#18..
- 873 -
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:

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;
#18..
- 874 -
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:

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 #18..
- 875 -
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; #18..
- 876 -
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:

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.

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 #18..
- 877 -
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:

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.
#18..
- 878 -
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. #18..
- 879 -
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. #18..
- 880 -
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:

30. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
#18..
- 881 -
50 31. MISCELLANEOUS:

Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.

32. ENTIRE AGREEMENT:

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.
#18..
- 882 -
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
#18..
- 883 -
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. #18..
- 884 -
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
#18..
- 885 -
Vendor 10
0 1
#18..
- 886 -
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
#18..
- 887 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

April 22, 2025
Date: April 2, 2025
TO: Mayor and City Council
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 approving 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. (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 pipelining technology, with the key objective of preserving the integrity of the existing pipe and extending its useful life.

In addition to the sewer trunk segments on Grimes and Mercy, various trunks measuring between 12 and 27 inches in diameter will be rehabilitated on Woodland Ave and Emerald Ave. #19..
- 888 -
City Council Meeting, April 22, 2025
Construction Contract with SAK Construction, LLC
Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project

Page 2 of 3 ends

Furthermore, sewer mains and trunks consisting of 8-, 15-, and 18-inch diameter pipes will be upgraded on High St, Coffee Rd, and Scenic Dr, all in line with the Wastewater Collection System Master Plan.

DISCUSSION:

The project was advertised for bids on November 19, 2024. Bids were publicly opened on January 21, 2025, pursuant to City Charter Section 1307 and SAK Construction, LLC, of O’Fallon, MO, was the lowest responsive and responsible bidder.

Bid Analysis:

Number of Bids Received 4
Number of Bids within 10% of Engineer’s Estimate 2
Number of Bids Above the Engineer’s Estimate 0
Number of Bids Below the Engineer’s Estimate 4
Percent Low Bid is Below the Engineer’s Estimate 34.77% Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to follow the formal bid procedures. The award of a Contract for the construction of the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland to SAK Construction, LLC, of O’Fallon, MO, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and SAK Construction, LLC was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326 and revised a second time on September 12, 2023, by Council Resolution No. 2023-405 established a Contract change order authority of 8% for Construction Contracts of this dollar value. However, after reviewing the plans and specifications, and given the nature of this project where unforeseen utilities or buried structures, and other unaccounted for issues may arise, it is likely that this Project could exceed the Director’s Authority of 8% ($1,826,424) of the Construction Contract amount of $22,830,295. Therefore, staff is requesting that the Director’s Authority to issue change orders be increased to 12% ($2,739,636) of the Construction Contract amount.

While the contingency policy is utilized for each Construction Contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor.

FISCAL IMPACT:

The total estimated cost for the Construction Phase of this Project is $27,219,931. Expenses associated with this effort are housed in the following Non-Capital Project:
101494 – Sewer Trunk Rehabilitation

ANTICIPATED CONSTRUCTION EXPENDITURES
Construction Contract $22,830,295
Construction Contingency (12%) $2,739,636
#19..
- 889 -
City Council Meeting, April 22, 2025
Construction Contract with SAK Construction, LLC
Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project

Page 3 of 3 ends

Construction Administration - City Staff $750,000
Engineering/Design/Administration - City Staff & Consultant $900,000 TOTAL $27,219,931
A budget adjustment in the amount of $26,823,000 from Wastewater Reserves will be necessary to fund the Construction Phase of this project.

COMMITTEE RECOMMENDATION:

This Project was considered by the Finance Committee at the meeting held on September 25, 2023, where it was recommended that an Engineering Services Agreement with Carollo Engineers, of Walnut Creek, CA, be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through the 2019 Wastewater Master Plan Environmental Impact Report (SCH # 2016062033) certified by Council on January 28, 2020.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving 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 the Director of Engineering Services to approve Change Orders up to the cumulative amount of $2,739,636, 12% of the original Contract price, for a total payment amount not to exceed $25,569,931 and authorizing the City Manager, or his designee, to execute the Contract.

Resolution amending the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $26,823,000 to fund the Construction Phase of the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.

Approved by:

William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. Construction Contract - SAK Construction, LLC

3. Bid Results
#19..
- 890 -
4/22/2025/Utilities/CCiotau/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX

RESOLUTION APPROVING 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 THE DIRECTOR OF

ENGINEERING SERVICES TO APPROVE CHANGE ORDERS UP TO THE CUMULATIVE AMOUNT OF $2,739,636, 12% OF THE ORIGINAL

CONTRACT PRICE, FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $25,569,931 AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,

TO EXECUTE THE CONTRACT
WHEREAS, 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 as a priority, and WHEREAS, the West Trunk is one of the City’s five major trunk lines that convey flows to the Sutter Campus, and
WHEREAS, the West Trunk is approximately 8.9 miles long and conveys about 35 percent of the City’s total average dry weather flow, and WHEREAS, a condition assessment concluded that the unlined reinforced concrete pipe was beginning to show missing or protruding aggregate in the crown area, and
WHEREAS, 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, and WHEREAS, the project was advertised for bids on November 19, 2024, and WHEREAS, on January 21, 2025, bids were publicly opened, pursuant to City Charter Section 1307, and four bids were received, and
#19..
- 891 -
4/22/2025/Utilities/CCiotau/Item X 2 2025-XX
WHEREAS, SAK Construction, LLC, of O’Fallon, MO, was the responsible bidder with the lowest responsive bid, and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to follow the formal bid procedures, and
WHEREAS, the award of a Contract for the construction of the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project to SAK Construction, LLC, of O’Fallon, MO, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and SAK Construction, LLC was the responsible bidder with the lowest responsive bid, and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project, accepts the bid of $22,830,295, authorizes the Director of Engineering Services to approve Change Orders up to the cumulative amount of $2,739,636, 12% of the original Contract price, for a total payment amount not to exceed $25,569,931, and awards a Construction Contract to SAK Construction, LLC, of O’Fallon, MO.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Contract, in a form approved by the City Attorney. #19..
- 892 -
4/22/2025/Utilities/CCiotau/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of April 2025, by Councilmember _______________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANA NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 893 -
4/22/2025/Utilities/CCiotau/Item 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 MULTI-YEAR
PROGRAM BUDGET IN THE AMOUNT OF $26,823,000 TO FUND THE

CONSTRUCTION PHASE OF THE SEWER TRUNK REHABILITATION ON

GRIMES, MERCY AND WOODLAND PROJECT AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO IMPLEMENT THE PROVISIONS

OF THE RESOLUTION
WHEREAS, certain budgetary transactions are necessary in the amount of $26,823,000, in order to fund the Sewer Trunk Rehabilitation on Grimes, Mercy and Woodland Project, and
WHEREAS, the Fiscal Year 2024-25 Multi-Year Program Budget must be amended.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $26,823,000.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to implement the provisions of this resolution. #19..
- 894 -
4/22/2025/Utilities/CCiotau/Item 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of April 2025, by Councilmember _______________, who moved its adoption, which motion being duly seconded by Councilmember _______________, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

DIANA NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 895 -
#19..
- 896 -
#19..
- 897 -
#19..
- 898 -
#19..
- 899 -
#19..
- 900 -
#19..
- 901 -
#19..
- 902 -
#19..
- 903 -
#19..
- 904 -
#19..
- 905 -
#19..
- 906 -
#19..
- 907 -
#19..
- 908 -
#19..
- 909 -
#19..
- 910 -
#19..
- 911 -
#19..
- 912 -
#19..
- 913 -
#19..
- 914 -

Page 1 of 6 ends

Bid Tabulation Friday, January 24, 2025
Project Title: Sewer Trunk Rehabilitation on Grimes, Mercy, and Woodland Ave
Project ID #: 2025-013
Fund #: 101494
Vault ID #: 12-D-0564
Bid Opening: 1/21/2025 at 11:00 AM
Basis of Award: By Base Bid Designer: Carollo Engineers Design Manager: Cristian Ciotau
Project Description: The purpose of this project is to extend the useful life of the City of Modesto’s West Trunk and Emerald Trunk Sewer Lines. The scope of this project will include CIPP lining of approximately 17,395 LF of 54-inch sewer trunk line along Mercy and Grimes Ave with a small additional portion along Paradise Road, 5,421 LF of 27-inch sewer trunk line along North Emerald and Woodland Ave, and 1,982 LF of 18-inch sewer trunk line along Woodland Ave. The project will also rehabilitate eighteen (18) 48-inch manholes and eight (8) 60-inch manholes with an epoxy coating system. Lastly, eight (8) 72-inch manholes will be added to facilitate the CIPP lining process.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
SAK Construction, LLC
(636) 385-1000 864 Hoff Road, O'Fallon, MO 63366
Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $900,000.00 $900,000.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $1,200,000.00 $1,200,000.00
3 12-inch CIPP Liner LF 22 $2,535.00 $55,770.00
4 18-inch CIPP Liner LF 1062 $227.00 $241,074.00
5 27-inch CIPP Liner LF 5421 $261.00 $1,414,881.00
6 54-inch CIPP Liner LF 17395 $509.00 $8,854,055.00
7 New 8-inch Sanitary Sewer Installation LF 1051 $440.00 $462,440.00 8 New 8-inch Sanitary Sewer (Special Pipe) LF 201 $975.00 $195,975.00 Installation
9 New 10-inch Sanitary Sewer (Special Pipe) LF 50 $960.00 $48,000.00 Installation
10 New 15-inch Sanitary Sewer Installation LF 802 $815.00 $653,630.00 11 New 15-inch Sanitary Sewer (Special Pipe) LF 875 $940.00 $822,500.00 Installation
12 New 18-inch Sanitary Sewer Installation LF 1029 $975.00 $1,003,275.00 13 Existing Sanitary Sewer Abandonment CY 115 $580.00 $66,700.00 14 Existing 6- to 8-inch Sanitary Sewer Removal LF 782 $20.00 $15,640.00 15 Existing 10-inch Sanitary Sewer Removal LF 876 $15.00 $13,140.00 16 Existing 15- to 18-inch Sanitary Sewer LF 350 $35.00 $12,250.00 Removal
17 48-inch Manhole Rehabilitation EA 20 $8,500.00 $170,000.00 18 60-inch Manhole Rehabilitation EA 8 $13,500.00 $108,000.00 19 EX-JB-01 Junction Box Rehabilitation LS 1 $11,500.00 $11,500.00 #19..
- 915 -

Page 2 of 6 ends

20 EX-JB-02 Junction Box Rehabilitation LS 1 $50,000.00 $50,000.00 21 New 48-inch Manhole Installation EA 20 $48,500.00 $970,000.00 22 New 72-inch Manhole Installation EA 9 $40,000.00 $360,000.00 23 West Trunk Bypass Pumping (J 01 to LS 1 $3,700,000.00 $3,700,000.00 SSMH-17A)
24 West and Emerald South Tributary Trunk LS 1 $20,000.00 $20,000.00 Bypass Pumping (SSMH W13 to SSMH02A and SSMH-W13 to SSMH-W00) 25 Scenic Drive and Coffee Road Bypass LS 1 $80,000.00 $80,000.00 Pumping
26 Aggregate Base CY 1205 $45.00 $54,225.00
27 Hot Mix Asphalt TON 874 $260.00 $227,240.00
28 Odor and Styrene Control LS 1 $120,000.00 $120,000.00 29 Sheeting, Shoring, and Bracing, or LS 1 $525,000.00 $525,000.00 Equivalent Method for Protection of Life and
Limb in Trenches and Open Excavation,
Pursuant to California Labor Code SS6707
and Section 02260
30 Subsurface Utility Investigation LS 1 $120,000.00 $120,000.00 31 Water Pollution Control Plan (WPCP) LS 1 $80,000.00 $80,000.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $200,000.00 $200,000.00 Identified in the Bid Schedule
Total: $22,830,295.00
Percent From Engineer's Estimate: -34.77%
Insituform Technologies, LLC.
(636) 530-8000 580 Goddard Avenue, Chesterfield, MO 63005 Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $800,000.00 $800,000.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $715,000.00 $715,000.00
3 12-inch CIPP Liner LF 22 $791.00 $17,402.00
4 18-inch CIPP Liner LF 1062 $83.00 $88,146.00
5 27-inch CIPP Liner LF 5421 $144.00 $780,624.00
6 54-inch CIPP Liner LF 17395 $510.00 $8,871,450.00
7 New 8-inch Sanitary Sewer Installation LF 1051 $588.00 $617,988.00 8 New 8-inch Sanitary Sewer (Special Pipe) LF 201 $1,026.00 $206,226.00 Installation
9 New 10-inch Sanitary Sewer (Special Pipe) LF 50 $1,390.00 $69,500.00 Installation
10 New 15-inch Sanitary Sewer Installation LF 802 $428.00 $343,256.00 11 New 15-inch Sanitary Sewer (Special Pipe) LF 875 $909.00 $795,375.00 Installation
12 New 18-inch Sanitary Sewer Installation LF 1029 $962.00 $989,898.00 13 Existing Sanitary Sewer Abandonment CY 115 $433.00 $49,795.00 14 Existing 6- to 8-inch Sanitary Sewer Removal LF 782 $45.00 $35,190.00 15 Existing 10-inch Sanitary Sewer Removal LF 876 $53.00 $46,428.00 16 Existing 15- to 18-inch Sanitary Sewer LF 350 $64.00 $22,400.00 Removal
17 48-inch Manhole Rehabilitation EA 20 $38,500.00 $770,000.00 18 60-inch Manhole Rehabilitation EA 8 $44,400.00 $355,200.00 19 EX-JB-01 Junction Box Rehabilitation LS 1 $37,400.00 $37,400.00 20 EX-JB-02 Junction Box Rehabilitation LS 1 $26,700.00 $26,700.00 #19..
- 916 -

Page 3 of 6 ends

21 New 48-inch Manhole Installation EA 20 $32,100.00 $642,000.00 22 New 72-inch Manhole Installation EA 9 $120,800.00 $1,087,200.00 23 West Trunk Bypass Pumping (J 01 to LS 1 $4,225,000.00 $4,225,000.00 SSMH-17A)
24 West and Emerald South Tributary Trunk LS 1 $150,000.00 $150,000.00 Bypass Pumping (SSMH W13 to SSMH02A and SSMH-W13 to SSMH-W00) 25 Scenic Drive and Coffee Road Bypass LS 1 $655,200.00 $655,200.00 Pumping
26 Aggregate Base CY 1205 $107.00 $128,935.00
27 Hot Mix Asphalt TON 874 $663.00 $579,462.00
28 Odor and Styrene Control LS 1 $485,700.00 $485,700.00 29 Sheeting, Shoring, and Bracing, or LS 1 $133,600.00 $133,600.00 Equivalent Method for Protection of Life and
Limb in Trenches and Open Excavation,
Pursuant to California Labor Code SS6707
and Section 02260
30 Subsurface Utility Investigation LS 1 $5,900.00 $5,900.00 31 Water Pollution Control Plan (WPCP) LS 1 $8,000.00 $8,000.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $125,000.00 $125,000.00 Identified in the Bid Schedule
Total: $23,938,975.00
Percent From Engineer's Estimate: -31.60%
Michels Trenchless, Inc.
(920) 924-4300 817 Main Street, Brownsville, WI 53006
Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $1,271,636.00 $1,271,636.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $900,000.00 $900,000.00
3 12-inch CIPP Liner LF 22 $2,482.00 $54,604.00
4 18-inch CIPP Liner LF 1062 $125.00 $132,750.00
5 27-inch CIPP Liner LF 5421 $206.00 $1,116,726.00
6 54-inch CIPP Liner LF 17395 $609.00 $10,593,555.00
7 New 8-inch Sanitary Sewer Installation LF 1051 $887.00 $932,237.00 8 New 8-inch Sanitary Sewer (Special Pipe) LF 201 $1,547.00 $310,947.00 Installation
9 New 10-inch Sanitary Sewer (Special Pipe) LF 50 $2,094.00 $104,700.00 Installation
10 New 15-inch Sanitary Sewer Installation LF 802 $645.00 $517,290.00 11 New 15-inch Sanitary Sewer (Special Pipe) LF 875 $1,369.00 $1,197,875.00 Installation
12 New 18-inch Sanitary Sewer Installation LF 1029 $1,450.00 $1,492,050.00 13 Existing Sanitary Sewer Abandonment CY 115 $816.00 $93,840.00 14 Existing 6- to 8-inch Sanitary Sewer Removal LF 782 $67.00 $52,394.00 15 Existing 10-inch Sanitary Sewer Removal LF 876 $80.00 $70,080.00 16 Existing 15- to 18-inch Sanitary Sewer LF 350 $96.00 $33,600.00 Removal
17 48-inch Manhole Rehabilitation EA 20 $17,922.00 $358,440.00 18 60-inch Manhole Rehabilitation EA 8 $28,343.00 $226,744.00 19 EX-JB-01 Junction Box Rehabilitation LS 1 $46,332.00 $46,332.00 20 EX-JB-02 Junction Box Rehabilitation LS 1 $48,507.00 $48,507.00 21 New 48-inch Manhole Installation EA 20 $48,339.00 $966,780.00 #19..
- 917 -

Page 4 of 6 ends

22 New 72-inch Manhole Installation EA 9 $182,077.00 $1,638,693.00 23 West Trunk Bypass Pumping (J 01 to LS 1 $7,714,125.00 $7,714,125.00 SSMH-17A)
24 West and Emerald South Tributary Trunk LS 1 $1,302,254.00 $1,302,254.00 Bypass Pumping (SSMH W13 to SSMH02A and SSMH-W13 to SSMH-W00) 25 Scenic Drive and Coffee Road Bypass LS 1 $976,450.00 $976,450.00 Pumping
26 Aggregate Base CY 1205 $161.00 $194,005.00
27 Hot Mix Asphalt TON 874 $999.00 $873,126.00
28 Odor and Styrene Control LS 1 $67,675.00 $67,675.00
29 Sheeting, Shoring, and Bracing, or LS 1 $402,826.00 $402,826.00 Equivalent Method for Protection of Life and
Limb in Trenches and Open Excavation,
Pursuant to California Labor Code SS6707
and Section 02260
30 Subsurface Utility Investigation LS 1 $40,340.00 $40,340.00 31 Water Pollution Control Plan (WPCP) LS 1 $13,696.00 $13,696.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $1.00 $1.00 Identified in the Bid Schedule
Total: $33,819,278.00
Percent From Engineer's Estimate: -3.37%
Spiniello Infrastructure West, Inc.
(909) 610-9876 2650 Pomona Blvd., CA 91768
Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $1,300,000.00 $1,300,000.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $1,400,000.00 $1,400,000.00
3 12-inch CIPP Liner LF 22 $1,500.00 $33,000.00
4 18-inch CIPP Liner LF 1062 $115.00 $122,130.00
5 27-inch CIPP Liner LF 5421 $174.00 $943,254.00
6 54-inch CIPP Liner LF 17395 $638.00 $11,098,010.00
7 New 8-inch Sanitary Sewer Installation LF 1051 $610.00 $641,110.00 8 New 8-inch Sanitary Sewer (Special Pipe) LF 201 $1,785.00 $358,785.00 Installation
9 New 10-inch Sanitary Sewer (Special Pipe) LF 50 $1,355.00 $67,750.00 Installation
10 New 15-inch Sanitary Sewer Installation LF 802 $1,150.00 $922,300.00 11 New 15-inch Sanitary Sewer (Special Pipe) LF 875 $1,280.00 $1,120,000.00 Installation
12 New 18-inch Sanitary Sewer Installation LF 1029 $1,320.00 $1,358,280.00 13 Existing Sanitary Sewer Abandonment CY 115 $480.00 $55,200.00 14 Existing 6- to 8-inch Sanitary Sewer Removal LF 782 $30.00 $23,460.00 15 Existing 10-inch Sanitary Sewer Removal LF 876 $20.00 $17,520.00 16 Existing 15- to 18-inch Sanitary Sewer LF 350 $50.00 $17,500.00 Removal
17 48-inch Manhole Rehabilitation EA 20 $25,000.00 $500,000.00 18 60-inch Manhole Rehabilitation EA 8 $28,000.00 $224,000.00 19 EX-JB-01 Junction Box Rehabilitation LS 1 $56,000.00 $56,000.00 20 EX-JB-02 Junction Box Rehabilitation LS 1 $330,000.00 $330,000.00 21 New 48-inch Manhole Installation EA 20 $68,000.00 $1,360,000.00 22 New 72-inch Manhole Installation EA 9 $237,000.00 $2,133,000.00 #19..
- 918 -

Page 5 of 6 ends

23 West Trunk Bypass Pumping (J 01 to LS 1 $7,450,000.00 $7,450,000.00 SSMH-17A)
24 West and Emerald South Tributary Trunk LS 1 $200,000.00 $200,000.00 Bypass Pumping (SSMH W13 to SSMH02A and SSMH-W13 to SSMH-W00) 25 Scenic Drive and Coffee Road Bypass LS 1 $150,000.00 $150,000.00 Pumping
26 Aggregate Base CY 1205 $45.00 $54,225.00
27 Hot Mix Asphalt TON 874 $260.00 $227,240.00
28 Odor and Styrene Control LS 1 $40,000.00 $40,000.00
29 Sheeting, Shoring, and Bracing, or LS 1 $1,000,000.00 $1,000,000.00 Equivalent Method for Protection of Life and
Limb in Trenches and Open Excavation,
Pursuant to California Labor Code SS6707
and Section 02260
30 Subsurface Utility Investigation LS 1 $250,000.00 $250,000.00 31 Water Pollution Control Plan (WPCP) LS 1 $50,000.00 $50,000.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $286,000.00 $286,000.00 Identified in the Bid Schedule
Total: $33,863,764.00
Percent From Engineer's Estimate: -3.25%
Engineer's Estimate
Base Bid
1 Mobilization and Demobilization (Not to be LS 1 $1,250,000.00 $1,250,000.00 greater than 4% of the total Base Bid Price)
2 Traffic Control LS 1 $1,400,000.00 $1,400,000.00
3 12-inch CIPP Liner LF 22 $1,400.00 $30,800.00
4 18-inch CIPP Liner LF 1062 $350.00 $371,700.00
5 27-inch CIPP Liner LF 5421 $575.00 $3,117,075.00
6 54-inch CIPP Liner LF 17395 $990.00 $17,221,050.00
7 New 8-inch Sanitary Sewer Installation LF 1051 $200.00 $210,200.00 8 New 8-inch Sanitary Sewer (Special Pipe) LF 201 $1,450.00 $291,450.00 Installation
9 New 10-inch Sanitary Sewer (Special Pipe) LF 50 $800.00 $40,000.00 Installation
10 New 15-inch Sanitary Sewer Installation LF 802 $750.00 $601,500.00 11 New 15-inch Sanitary Sewer (Special Pipe) LF 875 $800.00 $700,000.00 Installation
12 New 18-inch Sanitary Sewer Installation LF 1029 $800.00 $823,200.00 13 Existing Sanitary Sewer Abandonment CY 115 $400.00 $46,000.00 14 Existing 6- to 8-inch Sanitary Sewer Removal LF 782 $50.00 $39,100.00 15 Existing 10-inch Sanitary Sewer Removal LF 876 $50.00 $43,800.00 16 Existing 15- to 18-inch Sanitary Sewer LF 350 $75.00 $26,250.00 Removal
17 48-inch Manhole Rehabilitation EA 20 $22,000.00 $440,000.00 18 60-inch Manhole Rehabilitation EA 8 $25,000.00 $200,000.00 19 EX-JB-01 Junction Box Rehabilitation LS 1 $50,000.00 $50,000.00 20 EX-JB-02 Junction Box Rehabilitation LS 1 $150,000.00 $150,000.00 21 New 48-inch Manhole Installation EA 20 $20,000.00 $400,000.00 22 New 72-inch Manhole Installation EA 9 $100,000.00 $900,000.00 23 West Trunk Bypass Pumping (J 01 to LS 1 $3,260,000.00 $3,260,000.00 SSMH-17A)
#19..
- 919 -

Page 6 of 6 ends

24 West and Emerald South Tributary Trunk LS 1 $950,000.00 $950,000.00 Bypass Pumping (SSMH W13 to SSMH02A and SSMH-W13 to SSMH-W00) 25 Scenic Drive and Coffee Road Bypass LS 1 $300,000.00 $300,000.00 Pumping
26 Aggregate Base CY 1205 $100.00 $120,500.00
27 Hot Mix Asphalt TON 874 $335.00 $292,790.00
28 Odor and Styrene Control LS 1 $200,000.00 $200,000.00 29 Sheeting, Shoring, and Bracing, or LS 1 $750,000.00 $750,000.00 Equivalent Method for Protection of Life and
Limb in Trenches and Open Excavation,
Pursuant to California Labor Code SS6707
and Section 02260
30 Subsurface Utility Investigation LS 1 $500,000.00 $500,000.00 31 Water Pollution Control Plan (WPCP) LS 1 $25,000.00 $25,000.00 32 Allowance for County of Stanislaus LS 1 $75,000.00 $75,000.00 Encroachment Permit
33 All Other Contract Work Not Specifically LS 1 $174,585.00 $174,585.00 Identified in the Bid Schedule
Total: $35,000,000.00

Page 7 of 7 ends

#19..
- 920 -

Modesto City CouncilApril 22, 2025

Modesto City Council
April 22, 2025