Modesto City Council
July 14, 2026

City-County Airport for Public Works Airport use to Kimley-Horn and Associates, Inc., San Jose, CA., conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Kimley-Horn and Associates, Inc., San Jose, CA., was the highest ranked proposal based on the evaluation criteria.

FISCAL IMPACT:

The agreement authorizes an annual not-to-exceed amount of $870,000 for On-Call Airport Planning Services. Actual expenditures will be based on the scope and timing of individual task orders issued during the contract term.

Eligible planning services are anticipated to be funded primarily through FAA Airport Infrastructure Grant (AIG) funds, with the required local match funded through the Airport Fund.

ANTICIPATED AGREEMENT EXPENDITURES
Fiscal Year FAA Funding Airport Fund
Match
Total Annual
Amount
FY 2026-27 $826,500 $43,500 $870,000
FY 2027-28 $783,000 $87,000 $870,000
FY 2028-29 $783,000 $87,000 $870,000
FY 2029-30 $783,000 $87,000 $870,000
FY 2030-31 $783,000 $87,000 $870,000
TOTAL $3,958,500 $391,500 $4,350,00
The federal and local funding shares are subject to FAA grant requirements and available funding. If Modesto City-County Airport obtains commercial air service in the future, the Airport may become eligible for different FAA funding participation rates, which could alter the federal share and corresponding local match requirement.

COMMITTEE RECOMMENDATION:

This item was not reviewed by a Council Committee due to the time-sensitive nature of FAA grant-funded airport planning activities and expiring funding deadlines. Delaying action could impact the Airport’s ability to timely initiate eligible projects and utilize available grant funds. Therefore, staff is presenting the item directly to the City Council for consideration.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

Any future airport projects undertaken pursuant to this agreement that are subject to CEQA and NEPA review will undergo the appropriate environmental analysis prior to project approval.
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City Council, July 14, 2026
Agreement with Kimley-Horn and Associates for On-Call Planning Services

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Award of Proposal and Agreement for On-Call Airport Planning Services to Kimley-Horn and Associates, Inc., San Jose, CA. for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $870,000 and a total amount not to exceed $4,350,000 over five (5) years; and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Chad Reed, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement with Kimley-Horn and Associates, Inc.

3. Exhibit A – Submittal RFQ

4. Exhibit B - Price Schedule

5. Exhibit C - Insurance Requirement
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07/14/2026/PW/MarNavarro/Item XX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE AWARD OF PROPOSAL AND AGREEMENT

FOR ON-CALL AIRPORT PLANNING SERVICES TO KIMLEY-HORN AND ASSOCIATES, INC., SAN JOSE CALIFORNIA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS FOR AN ESTIMATED ANNUAL SERVICE AMOUNT OF $870,000, AND A TOTAL AMOUNT NOT TO EXCEED $4,350,000 OVER FIVE (5) YEARS, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE

AGREEMENT
WHEREAS, the Modesto City-County Airport requires on-call professional airport planning services to support regulatory compliance, Federal Aviation Administration (FAA) grant-funded projects, environmental review requirements, capital improvement planning, and long-term airport development; and WHEREAS, such services must be performed in accordance with FAA standards, FAA Advisory Circulars, the National Environmental Policy Act (NEPA), and all applicable federal, state, and local regulations; and WHEREAS, on November 6, 2025, the City of Modesto Purchasing Division issued Request for Qualifications (RFQ) No. 00053 for On-Call Airport Planning Services through the City’s OpenGov public procurement system; and WHEREAS, fifty-six prospective firms, including two (2) local vendors, were notified of the solicitation and forty-three firms downloaded the RFQ documents; and
WHEREAS, one (1) proposal was received and opened on January 9, 2026; and
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07/14/2026/PW/MarNavarro/Item XX 2 2026-XX
WHEREAS, an evaluation committee consisting of City Staff, and a County-appointed Airport Advisory Committee member evaluated the proposals and Kimley-Horn and Associates, Inc., San Jose, California, was determined to be the highest-ranked and most qualified firm based on the evaluation criteria; and
WHEREAS, the Agreement provides for services to be performed on a time-and-materials basis with an annual estimated amount of $870,000 and a total not-to-exceed amount of $4,350,000 over the full potential term; and WHEREAS, Modesto Municipal Code Section 8-3.203 requires purchases of materials, equipment, or contractual services in an amount of $100,000 or more to be procured through a formal solicitation process; and WHEREAS, funding for services is anticipated to be provided primarily through FAA Airport Infrastructure Grant (AIG) funds, with the required local match funded through the Airport Fund.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement for On-Call Airport Planning Services with Kimley-Horn and Associates, Inc., San Jose, California, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $870,000 and a total amount not to exceed $4,350,000 over five (5) years.
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07/14/2026/PW/MarNavarro/Item XX 3 2026-XX
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute all documents and agreements, in a form approved by the City Attorney.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of July, 2026, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ? was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmember: ?
NOES: Councilmember: ?
ABSENT: Councilmember: ?
ATTEST: ___________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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1 STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT made and entered into in the City of Modesto, State of California, this ______ day of __________________, 20___, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and Kimley-Horn and Associates, Inc., a California corporation, hereinafter referred to as "CONSULTANT".

This AGREEMENT is made with regard to the following recitals:
a. The CITY has determined that consultant for On-Call Airport Planning Services should be prepared for the CITY to consult for On-Call Airport Planning Services work will be required to meet Federal Aviation Administration (FAA) standards and in accordance with all federal, state and local guidelines, regulations including FAA advisory circulars, and the National Environmental Policy Act (NEPA) statutes. b. CONSULTANT represents that it is qualified, willing, and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this AGREEMENT, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. TERM OF AGREEMENT.

The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: JULY 14, 2026, through JULY 13, 2027
Year 2: JULY 14, 2027, through JULY 13, 2028
Year 3: JULY 14, 2028, through JULY 13, 2029
Year 4: JULY 14, 2029, through JULY 13, 2030
Year 5: JULY 14, 2030, through JULY 13, 2031
Pricing shall remain firm for the first two (2) years of the agreement.

Price increases for subsequent AGREEMENT years, three, four and, five shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONSULTANT in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
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2 2. SCOPE OF SERVICES.

CONSULTANT shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit (A) or “Project”. The CONSULTANT shall perform the services as described in Exhibit (A) in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to the CITY.

3. COMPENSATION.

CONSULTANT agrees to the annual estimated amount of $870,000 and a sum not to exceed $4,350,00 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials for CITY in accordance with Exhibit (A).

The Compensation shall be paid pursuant in the manner and at the times set forth below:

CITY shall pay CONSULTANT on a time and materials basis for CONSULTANT’s actual costs for all work called for in Exhibit (A) to this AGREEMENT. All work to be performed under this AGREEMENT shall be billed at the hourly rates set forth in Exhibit (B) attached hereto.

CONSULTANT shall submit monthly invoices to CITY which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by CONSULTANT in connection with work performed on this project. Expenses for travel reimbursement shall comply with the City's Administrative Directive (AD) 1.2, as amended periodically. The City's AD 1.2 can be accessible at the link provided - https://www.modestogov.com/DocumentCenter/View/24156/Citys-Administrative-Directive12.

CITY shall pay CONSULTANT by Net 45 Days via manual check.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this AGREEMENT, CONSULTANT shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. CONSULTANT warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this AGREEMENT. CONSULTANT further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

CONSULTANT has represented to CITY that Jenny Watts, C.M. will be the person primarily responsible for the performance of the services referred to in this AGREEMENT. CITY has entered into this AGREEMENT in reliance on that representation by CONSULTANT. CONSULTANT therefore agrees that ten percent (10%) or more of the time to be devoted to the project that is the subject of this AGREEMENT will be that of the above-named person.
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3 6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the CITY, and may be used by CITY as it may require without any additional cost to CITY. No reports shall be used by the CONSULTANT for purposes other than this AGREEMENT without the express prior written consent of CITY.

Title to Data
If, as a part of the AGREEMENT, CONSULTANT is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this AGREEMENT will be delivered to CITY upon the completion or termination of services under the AGREEMENT. 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.

All materials, documents, data or information obtained from the CITY data files or any CITY medium furnished to CONSULTANT in the performance of this AGREEMENT will at all times remain the property of the CITY. Such data or information may not be used or copied for direct or indirect use by CONSULTANT after termination of this AGREEMENT without written consent of the CITY.

7. NEWS AND INFORMATION RELEASE.

CONSULTANT agrees that it will not issue any news releases in connection with either the award of this AGREEMENT, or any subsequent amendment of or efforts under this AGREEMENT, without first obtaining review and approval of said news releases from CITY through the CITY Manager.

8. CONFLICT OF INTEREST.

CONSULTANT warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the CONSULTANT in the performance of this AGREEMENT.

CONSULTANT warrants that, in performance of this AGREEMENT, CONSULTANT shall not employ any person having any such interest. CONSULTANT understands that, if this AGREEMENT is made in violation of Government Code § 1090 et seq., the entire AGREEMENT is void and CONSULTANT will not be entitled to any compensation for services performed. CONSULTANT agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this AGREEMENT if so, required at the option of CITY.

9. AMENDMENTS.

This AGREEMENT, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties. CITY will not be responsible to pay any charges CONSULTANT may incur in performing services not identified in Exhibit (A) unless first authorized by the CITY in writing. #22..
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4 10. INDEPENDENT CONTRACTOR.

All acts of CONSULTANT, its agents, officers, and employees and all others acting on behalf of CONSULTANT relating to the performance of this AGREEMENT, shall be performed as independent contractors and not as agents, officers, or employees of CITY. Except as CITY may specify in writing, CONSULTANT has no authority to bind or incur any obligation on behalf of CITY. CONSULTANT has no authority or responsibility to exercise any rights or power vested in the CITY. It is understood by both CONSULTANT and CITY that this AGREEMENT shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture. CONSULTANT, its agents, officers and employees are and, at all times during the terms of this AGREEMENT, shall represent and conduct themselves as independent contractors and not as employees of CITY.

CONSULTANT shall determine and control the method, details and means of performing the work and services to be provided by CONSULTANT under this AGREEMENT. CONSULTANT shall be responsible to CITY only for the requirements and results specified in this AGREEMENT, and, except as expressly provided in this AGREEMENT, shall not be subjected to CITY's control with respect to the physical action or activities of the CONSULTANT in fulfillment of this AGREEMENT. CONSULTANT is permitted to provide services to others during the same period service is provided to CITY under this AGREEMENT. If necessary, CONSULTANT has the responsibility for employing other persons or firms to assist CONSULTANT in fulfilling the terms and obligations under this AGREEMENT.

If in the performance of this AGREEMENT any third persons are employed by CONSULTANT, such persons shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONSULTANT.

It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONSULTANT or CONSULTANT's assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of the CITY in any capacity whatsoever as an agent, or to bind the CITY to any obligation whatsoever. It is further understood and agreed that CONSULTANT must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONSULTANT's personnel. As an independent CONSULTANT, CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

11. ASSIGNMENT.

Neither this AGREEMENT nor any portion thereof shall be subcontracted or assigned, without the express prior written consent of the CITY in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the AGREEMENT, CONSULTANT shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this AGREEMENT. CONSULTANT shall furnish a warranty of such right to use to CITY at the request of CITY.
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5 13. NOTICES.

Notice required by this AGREEMENT shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified mail, return receipt requested, if delivery is confirmed by a return receipt; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR
CONSULTANT:

Frederik Venter, PE
Attention: Kimley-Horn & Associates,
Inc
10 S Almaden Boulevard, Suite 1250
San Jose, CA 95113
(669) 800-4146
[email protected],
[email protected]
CITY: City of Modesto
Airport
Attention: Marisol Navarro
P.O. Box 642
Modesto, CA 95353
(209) 577-5319
[email protected]

14. INSURANCE REQUIREMENTS.

During the term of this AGREEMENT, CONSULTANT shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (C) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (C) to this AGREEMENT. CONSULTANT is responsible for uploading updated insurance documentation to the City's "PINS Advantage" program.

15. TERMINATION OF AGREEMENT.

Termination by CITY for Default of CONSULTANT
Should the CONSULTANT default in the performance of this AGREEMENT or materially breach any of its provisions, at its option, CITY may terminate this AGREEMENT by giving written notification to CONSULTANT. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this AGREEMENT shall include, but not limited to, any of the following:
failure to perform required services or duties, willful destruction of City's property by CONSULTANT, dishonesty or theft.
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6 Termination by CITY for Convenience
The City may also terminate the CONSULTANT's performance under the AGREEMENT, either in whole or in part, at its own discretion, or when conditions encountered during the services make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the AGREEMENT by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the services for any reason. The City shall provide no less that ten (10) calendar days written notice of its intent to terminate the AGREEMENT for convenience and shall endeavor to provide the CONSULTANT with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONSULTANT shall:

A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subconsultants except as necessary to complete any portion of the work that is 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 subconsultants, but in no event shall recovery by any CONSULTANT or subconsultant include lost profits for portions of the work 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 CONSULTANT in performing the work 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 work 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 work and/or property related to the work; H. If CITY so requests, and at CITY's cost, CONSULTANT shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONSULTANT's work on the project.

I. The CONSULTANT understands and agrees that CITY may, in CITY's sole discretion, refuse to pay CONSULTANT for that portion of CONSULTANT's services which were performed by CONSULTANT on the project prior to the termination date and which remain unacceptable and/or not useful to CITY as of the termination date.

CITY will pay CONSULTANT an amount based on the percentage of satisfactory work #22..
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7 completed in accordance with the notice or termination. The final payment to the CONSULTANT after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:

J. The cost of settling and paying valid claims arising out of the termination of the work such as subconsultant AGREEMENTs or contracts for materials;
K. The AGREEMENT price allocable to the portion of the work properly performed, or goods supplied to the work site by the CONSULTANT as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONSULTANT.

Authorization to Terminate Agreement
Termination of the AGREEMENT may be invoked by the City Manager, or his/her designee, subject to the right of the CONSULTANT to appeal the City Manager, or his/her designee's, decision to the City Council. The CONSULTANT shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the AGREEMENT. In the event that termination of this AGREEMENT is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. INDEMNITY.

If CONSULTANT is Design Professional performing design professional services, as defined in California Civil Code section 2782.8, CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers, officials, employees and volunteers, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT and its employees, officials, officers, agents or agents in the performance of services under this AGREEMENT, but this indemnity does not apply to liability for damages arising from the sole negligence, or willful misconduct of the CITY. The CITY agrees that in no event shall the cost to defend charged to the CONSULTANT exceed that CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the CONSULTANT shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual AGREEMENT or acts of the parties.

If CONSULTANT is not a Design Professional performing Design Professional Services, the CONSULTANT shall hold the CITY, its agents, 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 CONSULTANT, or its agents, officers, officials, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the sole negligence of the CITY. #22..
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8 CONSULTANT'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 AGREEMENT for CONSULTANT to procure and maintain a policy of insurance.

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this AGREEMENT is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

17. DISPUTE RESOLUTION.

Venue for all claims, controversies, or disputes arising out of, or relating to the formation of this AGREEMENT, or the breach, termination execution, enforcement, interpretation, or validity of this AGREEMENT, including the determination of the scope or applicability of this AGREEMENT provision shall be in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

18. ATTORNEY'S FEES.

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret 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.

19. ENTIRE AGREEMENT.

This AGREEMENT and its exhibits contain the entire understanding between CONSULTANT and CITY. All previous proposals, offers and communications related to this AGREEMENT, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this AGREEMENT. No future waiver of or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by all the parties.

20. 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.

21. WAIVER.

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
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9 22. AUDIT.

The CITY's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify CONSULTANT's charges to CITY under this AGREEMENT.

CONSULTANT agrees to retain reports, records, documents, and files related to charges under this AGREEMENT for a period of four (4) years following the date of final payment for CONSULTANT services. CITY's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This AGREEMENT shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the AGREEMENT are for reference purposes only and shall not be considered in construing this AGREEMENT.

25. COMPLIANCE WITH LAWS.

CONSULTANT shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. CONSULTANT shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

CONSULTANT will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this AGREEMENT by its City Manager and attested by its City Clerk under authority of Resolution No. 20___ - ______, adopted by the Council of the City of Modesto on the 14th day of July, 2026, and KimleyHorn and Associates, Inc. has caused this AGREEMENT to be duly executed as of the Effective Date. #22..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[KIMLEY-HORN] RESPONSE DOCUMENT REPORT
RFP/RFQ No. RFP/RFQ-00058
Modesto City-County Airport for Professional On-Call Airport Planning Services RESPONSE DEADLINE: January 9, 2026 at 5:00 pm
Report Generated: Thursday, January 29, 2026
Kimley-Horn Response

CONTACT INFORMATION
Company:

Kimley-Horn
Email:
[email protected]
Contact:

CA Marketing
Address:
555 Capitol Mall
Suite 300
Sacramento, CA 95814
Phone:

N/A
Website:
www.kimley-horn.com
Submission Date:

Jan 9, 2026 11:34 AM (Pacific Time)
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[KIMLEY-HORN] RESPONSE DOCUMENT REPORT
RFP/RFQ No. RFP/RFQ-00058
Modesto City-County Airport for Professional On-Call Airport Planning Services [KIMLEY-HORN] RESPONSE DOCUMENT REPORT
undefined - Modesto City-County Airport for Professional On-Call Airport Planning Services

ADDENDA CONFIRMATION
Addendum #1
Confirmed Dec 29, 2025 8:46 AM by CA Marketing

QUESTIONNAIRE

1. Cover Letter
A cover letter introducing the firm, the category of on-call airport planning services, a clear statement that the firm is interested in providing on-call airport planning services as described in the RFQ.

2. Firm Team and Experience
The proposed firm experience shall include, at a minimum, experience providing airport planning services for the prime consultant, and any sub consulting firms, provide the following information:
a. Names of principals indicating experience, background, academic training, and where registered b. Length of time in business.
c. Office address(es) from which field services will be supported, percentage of work, and/or category construction work to be performed in each office.
d. Facilities and manpower of office(s) in which work is to be performed. e. Listing of experience for three (3) completed professional on-call airport planning services provided; type, size, cost, and completion date; and name, address, and phone number of knowledgeable owner/client representative. f. Key issues and challenges, and how they were resolved. g. Specialty areas addressed and sub consultant involvement.

3. Proposed Scope of Services
The proposed scope of services should address the key items outlined in the Background and Scope of Work subsections of this Request for Qualifications (RFQ) and shall include the firm’s understanding of the desired work. #22..
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[KIMLEY-HORN] RESPONSE DOCUMENT REPORT
RFP/RFQ No. RFP/RFQ-00058
Modesto City-County Airport for Professional On-Call Airport Planning Services [KIMLEY-HORN] RESPONSE DOCUMENT REPORT
undefined - Modesto City-County Airport for Professional On-Call Airport Planning Services

4. SELECTION CONSIDERATIONS:

Once the qualifications have been evaluated, the City will develop a “short” list of qualified consultants that are capable of completing the prescribed work. Reference checks shall be requested from these firms. Three (3) to five (5) firms will be short-listed for individual interviews. Request for Proposals (RFP’s) will then be sent to the firms from the “short” list for projects, or groups of projects. A Consulting firm(s) will then be selected to engage in contract fee negotiations for planning services for the project(s) for which they are most qualified, at the sole discretion of the City.

The City may, at its sole discretion, group certain projects together for contract purposes.

The selection committee will evaluate all qualifications submitted. However, the RFQ does not commit the City of Modesto to award a contract, to pay for any costs incurred in preparation or presentation of an SOQ, or to procure a contract for services.

PROPOSAL (WITHOUT COST)*
Please upload your Proposal here formatted in the manner required by this Request for Qualifications (RFQ). This upload here should NOT INCLUDE any pricing information as that will be uploaded separately.

Kimley-Horn_SOQ_On-Call_Airport_Planning_Services.pdf
SEPARATE COST FILE*
Please upload a breakdown of your pricing information here. This information should not be part of your main proposal upload which is why it is requested separately here.

Kimley-Horn_Rate_Schedule.pdf
SUBMITTAL CONFIRMATION*
Consultant hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a Statements of Qualifications on behalf of the stated Company Name committing them to the information contained within said submittal.

By checking the "please confirm" box below, you certify the above statement.

Confirmed
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[KIMLEY-HORN] RESPONSE DOCUMENT REPORT
RFP/RFQ No. RFP/RFQ-00058
Modesto City-County Airport for Professional On-Call Airport Planning Services [KIMLEY-HORN] RESPONSE DOCUMENT REPORT
undefined - Modesto City-County Airport for Professional On-Call Airport Planning Services

CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...

Kimley-Horn_Levine_Act_Statement_Form.pdf
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PREPARED FOR: CITY OF MODESTO

PROFESSIONAL ON-CALL AIRPORT

SERVICES AT MODESTO CITY-COUNTY

AIRPORT

STATEMENT OF QUALIFICATIONS FOR
Prepared for:

City of Modesto
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1 *Frederik Venter, PE is authorized to contractually
bind Kimley-Horn and negotiate a contract on
behalf of Kimley-Horn.
**Kimley-Horn acknowledges receipt of Addendum
No. 1 released by the City on December 18, 2025.

Cover Letter
January 9, 2026
Kim Presson, Buyer, Public Works Department
City of Modesto
1010 10th Street
Modesto, CA 95354
RE: STATEMENT OF QUALIFICATIONS FOR PROFESSIONAL ON-CALL AIRPORT PLANNING SERVICES AT MODESTO CITY-COUNTY AIRPORT (RFQ-00053)
Dear Ms. Presson and Members of the Selection Committee:

On behalf of Kimley-Horn & Associates, Inc. (Kimley-Horn), we are pleased to submit this Statement of Qualifications (SOQ) for Professional On-Call Airport Planning Services at the Modesto City-County Airport (MOD or Airport) for the City of Modesto (City). This SOQ presents our experience and capabilities to continue our strong working relationship with the City and the Airport. Our team has been assembled to provide the full range of on-call airport planning services identified in the solicitation. We understand that the Airport requires not only a technically proficient consultant, but also a team that can effectively navigate an increasingly complex technological, economic, and regulatory environment. Kimley-Horn is well positioned to support the City and the Airport for the following reasons:

Experienced Project Manager and Team. Our team will be led by Erin Sheelen, AICP, CM, ACE, our proposed project manager from our San Jose office who brings more than 20 years of experience managing aviation planning and environmental projects.

Erin will be supported by deputy project manager Jenny Watts, CM, and quality control/quality assurance (QC/QA) manager Christopher Hacker, ENV SP. This leadership team is backed by a deep bench of highly qualified local and national planners, environmentalist specialists, engineers, modelers, and analysts, confirming that MOD receives the best Kimley-Horn has to offer.

Proven Partner to MOD. As a current partner to the Airport for on-call airport engineering services, we have consistently delivered responsive, high-quality support across a wide range of projects from apron rehabs and RSA improvements to drainage and electrical studies and pavement management maintenance plans. Our deep understanding of MOD’s ongoing initiatives allows us to deliver efficient, effective solutions to help the airport focus on attracting new air service, improving and optimizing existing infrastructure such as the Airport’s runway and terminal facilities, and enhancing passenger amenities while advancing both near-term operational needs and long-term strategic goals. We believe that your success is our success.

Responsive Client Service. With multiple offices in Northern California, our team is always within reach. Responsiveness in an on-call contract means more than meeting scheduling commitments, it means being available and ready to support the unexpected. Our team was assembled specifically to meet MOD’s project objectives, and each member has a proven track record of success delivering a wide range of aviation planning services.

Kimley-Horn is very excited to submit our qualifications for this opportunity, and we want to convey without a doubt that we want to work with you on your aviation planning projects. We offer MOD comprehensive airport planning services and are prepared to meet your schedule at a moment’s notice. We value our partnership and look forward to the opportunity to support the City in shaping the Airport’s future. Should you have any questions about our submittal, please contact project manager Erin Sheelen, AICP, CM, ACE, at 669.800.1985 or [email protected].

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Erin Sheelen, AICP, CM, ACE Frederik Venter, PE*
Project Manager Senior Vice President
10 S. Almaden Boulevard, Suite 1250
San Jose, CA 95113
TEL 669.800.4130
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2 Firm and Team Experience
Firm Profile Kimley-Horn, established in 1967, has provided nearly six decades of continuous service as a full-service planning, engineering, and environmental consulting firm. The firm has grown from a small group of traffic engineers and transportation planners to one of the largest consulting practices in the United States, with a robust presence in California and a reputation for delivering high-quality services to both public and private sector clients. This longevity and stability are a direct result of Kimley-Horn’s commitment to integrity and client-focused service.

This contract will be supported primarily from Kimley-Horn’s San Jose office, located at 10 S. Almaden Boulevard, Suite 1250, San Jose, CA 95113. The San Jose office is staffed by a multidisciplinary team of engineers, planners, designers, and technicians, with more than 40 professionals, including specialists in aviation, transportation, environmental planning, and landscape architecture. The majority of the work will be performed from the San Jose office, leveraging the local knowledge and responsiveness of the San Jose team, with additional support provided as needed from Kimley-Horn’s Pleasanton and Sacramento offices. The Pleasanton office is located at 4637 Chabot Drive, Suite 300, Pleasanton, California 94588, and is staffed with 84 professionals who provide additional planning, environmental, and technical resources. The Sacramento office, located at 555 Capitol Mall, Suite 300, Sacramento, California 95814, is fully equipped and staffed with more than 80 professionals, providing additional capacity and specialized expertise.

Kimley-Horn’s San Jose and Sacramento offices are equipped with modern facilities and the manpower necessary to execute a wide range of airport planning services. The San Jose office, in particular has a proven track record of supporting major aviation, transportation, and infrastructure projects in the region, with dedicated teams for project management, design, and field support. This structure allows Kimley-Horn to provide the depth of resources required for complex assignments, while maintaining the flexibility to scale staffing and technical support as project needs evolve.

Subconsultants
Kimley-Horn’s team structure for airport planning incorporates internal specialists and expert subconsultants. For this contract, the following specialty areas and partner firms may be included:
 BridgeNet – Airport Noise Analysis
 Martinez Geospatial – Airport Geographic Information System (GIS) and Airport Geographic Information System (AGIS) Surveys
 Rincon – Biological Resources/Wildlife Hazards
 LEAN Technologies – Runway Length/Aircraft Performance Analysis  CQC Aeronautics – Runway Length/Aircraft Performance Analysis  Volaire – Air Service Development
These team members are regionally based, with offices in California and throughout the western United States.

Firm Reputation, Credibility, and Awards
Kimley-Horn ranked in the top ten aviation
consultants in the nation (ENR 2025), with a robust
client base, repeat business, and acclaimed
performance across more than 500 U.S.
commercial and general aviation airports. Our
commitment to regulatory compliance, stakeholder
collaboration, and multidisciplinary project delivery
underpins our standing as a trusted partner for
complex airport planning assignments.

Kimley-Horn Northern California On-Call Experience
Both the San Jose and Sacramento offices are less
than a two-hour drive of the Modesto City-County
Airport, supporting timely coordination and efficient
field support for on-call services.
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3 Relevant On-Call Airport Experience
In addition to partnering with the Airport for on-call engineering services, we have also successfully served numerous other airports on similar on-call contracts as outlined in the City's RFQ. Our extensive experience and proven track record in delivering exceptional services have made us a trusted partner for a variety of airports, confirming the highest standards of quality and efficiency in every project we undertake. Below is a sample of this experience with client representatives included for each project on page 5.

Watsonville Municipal Airport (WVI), On-Call Planning and Environmental, Watsonville, CA Airport Master Plan Update and CEQA Addendum
Cost: $670,000
Completion Date: February 2023
Services Provided, Project Type, Project Size: Since the WVI’s 2002 Master Plan was completed, the outlook of the Airport and the economy have fluctuated, changes in the aviation industry and regional market have occurred, and the FAA has implemented several new guidance, standards, and policy interpretations. The purpose of this Airport Master Plan Update (MPU) was to address those changes and enhance the long-term operational sustainability of WVI by establishing an updated framework to guide land use and development decisions on and near the Airport. In addition to collecting aerial mapping and conducting public outreach both in person and virtually, the MPU included several topics pertaining to issues unique to the Airport. These include an analysis of ADS-B data to justify a runway extension for corporate jets, investigation of the feasibility of a turf runway, review of a proposed land swap from a local developer to meet FAA and Caltrans standards, resulting in the relocation of a parachute landing area; and ultimate recommendation to shorten the crosswind runway to meet runway visibility zone (RVZ) standards. Kimley-Horn drafted an addendum to the 2003 CEQA document so the AMPU could be formally incorporated into the City’s General Plan and assist in developing a new Airport Land Use Compatibility Plan (ALUCP).

Key Issues and Challenges: A primary aspect of the AMPU was the education of the pilot community on the fiscal constraints of maintaining a crosswind runway that is no longer eligible for FAA funding as the primary runway was determined to provide enough coverage. Kimley-Horn also coordinated with the California and U.S. Department of Fish and Wildlife on the long-term strategy of balancing the potential impacts to the endangered Santa Cruz Tarplant with the development needs of the Airport.

Specialty Areas Addressed: Runway length analysis for future aircraft type, pilot community engagement, Caltrans Safety Zones Subconsultants: Martinez Geospatial
Additional Watsonville Projects Include:
 2023 AMPU CEQA Clearance
 2025 AMPU Amendment and CEQA Addendum for Runway
Deactivation
 CEQA and NEPA for Annual Capital Projects
 Airport Economic Impact Study (AEIS)
Hayward Executive Airport (HWD), On-Call Planning and Environmental Hayward, CA Kimley-Horn has been providing consulting planning and environmental services for Hayward Executive Airport since 2020.

Skywest Property Visualization Project
Cost: $55,000
Completion Date: December 2021
Project Services Provided and Project Type and Size: Kimley-Horn assisted the Hayward Executive Airport (HWD) in developing a preliminary site concept for the redevelopment of airport property that had previously been utilized as a public golf course since the 1970s. As the golf course was abandoned due to financial hardships it became apparent that while the economic opportunity provided the airport was great, the redevelopment must be balanced with the strong desires of the local community to maintain the current open space and continue to provide recreational opportunities. Kimley-Horn completed a due diligence report that reviewed applicable federal, state, and local regulations and planning documents such as the FAA Airport Design Standards and Caltrans Airport Safety Zones. This information served as the basis of the site constraints for how each portion of the property could be utilized while still meeting the airport’s obligations. "The Watsonville City Council’s approval culminates a
three-year effort that could only have been completed by working with a professionally dedicated,
process/procedural knowledgeable and partnershiporientated team." - Rayvon Williams, WVI Airport Director on Kimley-Horn's completion of the Airport Master Plan and Airport Layout Plan Updates
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4 The site constraints also took into account the need for the airport to be as financially self-sufficient as possible, whereas it must balance any recreational development with the financial considerations of who would have to pay the capital costs as well as the long-term maintenance.

Key issues and challenges, and how they were resolved: Kimley-Horn facilitated three virtual public workshops to solicit input from the community with a strong emphasis on the education of the site constraints on the property as well as hosted an interactive online commenting platform. There were over 330 meeting attendees and over 720 comments during the public input portion of the project.

Kimley-Horn then presented at the Council Airport Committee (CAC), Hayward Youth Commission, a City Council Working Session, and a City Council meeting. The site concept was ultimately allowed to be submitted to the FAA for their consideration by the City Council. The FAA concluded that an ALP Update was needed in order to justify the land use change, which is currently underway.

Specialty areas addressed: Public engagement, climate change, financial, and community considerations for redevelopment of airport property
Subconsultants (s): None
Additional HWD On-Call Projects Include:
 Airport Layout Plan Update
 Environmental Clearance for Annual Capital Projects
 Sulphur Creek CEQA and Permitting Support
 Water Quality Board Notice of Violation Regulation
 Pen and Ink Changes
 Part 77 Surfaces and Imagery Tree Obstruction Analysis Sacramento County Airports, On-Call Consulting Services, Sacramento, CA Kimley-Horn has been providing consulting services for the Sacramento County Department of Airports since 2015. At each stage of the project, Kimley-Horn helps coordinate with the appropriate County departments. Kimley-Horn has provided a wide range of services for both engineering and planning.

Comprehensive Development Plan and Landside Access Modeling Cost: $1.3 million (Kimley-Horn portion); $3 million total project cost Completion Date: Estimated June 2026
Project Services Provided and Project Type and Size: Kimley-Horn, in collaboration with Ricondo, is supporting the Sacramento County Department of Airports (SCDA) on the first phase of the Comprehensive Development Plan (CDP) for SMF. This multi-phased effort is intended to provide a long-range development framework for the airport beyond the existing SMForward program. Phase I focuses on data collection, stakeholder engagement, aviation forecasting, and facility requirements—foundational elements needed to inform future capital planning efforts. The project includes an extensive evaluation of existing conditions across airfield, terminal, landside, and support facilities, as well as a demand and capacity assessment to identify near-, mid-, and long-term infrastructure needs. Activities under Phase I include simulation modeling, aviation demand forecasting through 2045, a review of general and air cargo aviation facilities, evaluation of advanced air mobility (AAM) integration, and identification of future improvements required to meet projected operational demand. Phase I deliverables form the basis for Phase II, which explores the development alternatives and implementation strategies. Kimley-Horn is leading efforts related to infrastructure inventory and capacity assessments, with Ricondo providing key forecasting and airfield capacity modeling support.

Key issues and challenges, and how they were resolved: SMF desires additional international flights that may require additional runway length, especially during the summer heat above 110F. Runway length analysis for different airline operational scenarios were conducted to determine what length may be necessary for no weight penalties and if there was enough property to support the extension.

The current terminals are aging and too small for the growing number of passengers. The AMPU conducted significant outreach with the airport users to determine alternatives for a new consolidated terminal with improved landside access. The new configuration provides opportunities for relocation and consolidation of other services such as airport administration and emergency operation center to better suited locations on the expansive airport property campus.

Specialty areas addressed: Landside access simulation modeling and parking, air cargo infrastructure, runway length analysis with REDIM modeling, terminal planning
Subconsultant(s): LEAN Technologies
Other recent projects for SCDA:
 MHR Runway Consulting Engineer Services
 Sacramento International Airport (SMF), Taxiway A
Extension
 MHR, General Aviation Apron Rehabilitation
 Mather Airport (MHR), Taxiway B Rehabilitation
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5 Client
Representatives
WVI, On-Call Planning
and Environmental,
Watsonville, CA Contact: Rayvon Williams,
Airport Director | 100 Aviation
Way, Watsonville, CA 95076 |
831.768.3575
HWD, On-Call Planning
and Environmental,
Hayward, CA
Contact: Doug McNeeley, Airport
Manager | 20301 Skywest Drive,
Hayward, CA 94541 |
510.293.8678
Sacramento County
Airports, On-Call
Consulting Services,
Sacramento, CA
Contact: Cole Hartfield, CM,
ACE, Senior Airport Planner |
6900 Airport Boulevard,
Sacramento, CA 95837 |
916.874.0628
Key Project Staff
Project Team
Organizational Chart
Based on our understanding of
your objectives for this airport
environmental and planning
services contract, we have
carefully assembled a top-notch
team with aviation planning skills
and environmental knowledge to
successfully serve MOD. Our team is backed by more than 250 aviation specialists across the firm. We have provided an organizational chart above as well as our principals and their respective experience, background, and academic training on the following page. #22..
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6 Proposed Project Principals

ERIN SHEELEN, AICP, CM, ACE
Project Manager; Airport Master Plan Updates; ACIP/Grant Preparation and Administration; Public Outreach and
Stakeholder Engagement; AAM/Vertiport
Erin has nearly two decades of experience providing airport planning and environmental services for general aviation and commercial service airports nationwide. Her experience includes managing airport master plans, ALP updates, airspace and obstruction evaluations including Airport GIS, land use compatibility studies, aviation noise modeling, and environmental documentation in compliance with CEQA/NEPA. She has led multidisciplinary planning efforts involving FAA coordination, public outreach, and stakeholder engagement. As an instrument rated pilot with airport operations and administration experience, she brings a practical understanding of airfield operations, safety, and implementation considerations.

RELEVANT EXPERIENCE
■ Hayward Executive Airport, ALP Update and Environmental Services, Hayward, CA – Project Manager ■ City of Watsonville, WVI 2023 Master Plan and CEQA, Watsonville, CA – Project Manager ■ Salinas Municipal Airport, ACIP Development, Grants Administration, and Environmental Clearance, Salinas, CA – Project Manager ■ Sacramento International Airport, Master Plan Update, Sacramento, CA – Deputy Project Manager ■ FCH and FAT, Master Plan Updates, Fresno, CA – Project Planner ■ Mesa Del Rey Airport, ALP Update, King City, CA – Project Manager ■ Rio Vista Municipal Airport, ALP Update, Rio Vista, CA – Project Manager

CHRISTOPHER HACKER, ENV SP
QC/QA Manager; Airside and Landside Facility Planning;
Runway and Taxiway Planning; ACIP/Grant Preparation and Administration; Airport Site Selection Studies
Christopher has more than 25 years of experience providing airport planning, environmental compliance, and program management services for commercial service and general aviation airports. His work includes airport master plans, ALP updates, strategic and financial planning, landside and access planning, and airport site selection. He has managed complex planning efforts involving the FAA and local stakeholders while supporting community engagement and implementable development strategies.

RELEVANT EXPERIENCE
 SMF, Master Plan Update, Sacramento, CA – Project Manager  Delano Municipal Airport, Airport Master Plan, Delano, CA – Project Manager  Hayward Executive Airport, ALP Update and Environmental Services, Hayward, CA – Senior Technical Support  Various Airports, FAA Airport Improvement Program Grant Applications 2022, 2023, 2024 – Project Manager  Hemet-Ryan Airport, ALP Update, Hemet, CA – Project Manager*  Jacqueline Cochran Regional Airport, ALP Update, Thermal, CA – Project Manager*  San Bernardino County Department of Airports, Airport Capital Improvement Program Development, San Bernardino, CA – Project Manager*
*Prior to Kimley-Horn

EDUCATION AND CREDENTIALS
 Bachelor of Science, Aviation
Business Administration, Embry
Riddle Aeronautical University
 American Institute of Certified
Planners (AICP) #025910
 American Planning Association (APA),
Member
 American Association of Airport
Executives (AAAE), Certified Member
(CM)
 Airport Certified Employee (ACE)

EDUCATION AND CREDENTIALS
 Master of Urban and Environmental
Planning, Arizona State University
 Master of Aeronautical Science,
Aviation Management and
Operations, Embry-Riddle
Aeronautical University
 Bachelor of Science, Business
Administration, Chapman University
 Institute for Sustainable Infrastructure,
Envision Sustainability Professional
(ENV SP) #50570
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7 JENNY WATTS, CM
Deputy Project Manager; Airport Master Planning Updates; Passenger Forecasting/Demand Analysis; Land Use
Planning; AAM/ Vertiport
Jenny is an aviation planning professional with 18 years of experience, including more than a decade focused on airport master planning and related planning studies. Her experience includes airport master plans and updates, focused planning studies, environmental clearance documentation, land use compatibility planning, strategic business planning, and public outreach for commercial service and general aviation airports. Jenny has served as lead planner on complex airfield planning studies and regularly coordinates with the FAA on environmental clearances, supporting implementable airport development strategies that align with long-term planning objectives and regulatory requirements.

RELEVANT EXPERIENCE
 San Bernardino County Department of Airports, Apple Valley Airport Rules and Regulations Update, Apple Valley, CA – Lead Planner  Sacramento International Airport, Master Plan Update, Sacramento, CA – Planner  San Antonio International Airport, Fleet Mix Forecast Update, San Antonio, TX – Lead Planner  Miami International Airport, Runway Protection Zone Evaluation Analysis for PTCCP Facility, Miami, FL – Project Manager and Lead Planner
 Town of Superior, Airport Planning and Development Services for Superior Municipal Airport, Superior, AZ – Planner

EDUCATION AND CREDENTIALS
 Master of Science, Aeronautical
Science, Embry-Riddle Aeronautical
University
 Bachelor of Science, Aeronautical
Management Technology, Arizona
State University
 AAAE, CM
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8 Proposed Scope of Services
On-Call Airport Experience and Approach We have served airports for years by leading on-call assignments to support development and implementation of projects at GA airports like MOD. As a result, we have the experience and adaptability to provide unique and right-sized solutions for your projects. Additionally, we serve many of our clients through on-call contracts just like this one, and at each of these locations, our professionals have become trusted advisors and thought leaders, not just planners doing a single project.

Our approach begins with a client-centricmindset, where your needs and satisfaction are at the forefront with exceptional clientservice. We strive tomake every project associated with this contract as effortless as possible for the City. Our goal isto become an extension ofyourstaff, taking care of the issues at hand while keeping you fullyinformed about the aspects of the projects as we progress. Furthermore, the Kimley-Horn team is strategically structured to effectively support a diverse range of task orders, giving you flexibility, responsiveness, and the right expertise for each assignment.

Our extensive experience with on-call contracts has given us a deep understanding of the key factors that drive successful task order execution. At Kimley-Horn, we approach each task order with a collaborative, team-based mindset—leading to alignment, efficiency, and responsiveness throughout the review process.

Planning Services
Our approach to on-call planning contracts is based on developing a client-oriented answer to the project review process. Key characteristics that distinguish Kimley-Horn in addition to others listed in this section include:
 Ongoing communication and consultation to address issues that arise during the project review process. The collaborative process maintains project progress and results in user-friendly documents.  Flexibility to tailor our approach to meet the specific needs of each project and expect the unexpected. To do so in an airport planning context means understanding the linkages between facilities, financial, environmental, and commercial initiatives, and being aware of stakeholder, public, and political concerns.
 Maintain the “big picture” to differentiate between the important and non-critical issues.  Maintain focus to identify the right solutions that meet the City’s objectives. Those solutions may not always be the most technically optimal but rather are those solutions that can be accepted by stakeholders and ultimately implemented.  Be strategic and pragmatic by identifying the key stakeholders and working directly with them to understand their goals and objectives. In doing so, we identify and understand the major issues, formulate questions and analyses that can provide technical answers or solutions, identify fundamental constraints that cannot (or will not) be overcome, and clearly lay out the decisions that must be made.

The planning component of Kimley-Horn’s aviation practice has grown tremendously in the last 15 years. This growth was driven by our desire to support other aviation disciplines and provide full-service capabilities to our airport clients throughout the US. Kimley-Horn’s aviation planners have executed local-, state-, and federally funded projects for all types of airports including general aviation (GA) and reliever airports such as MOD, Mesa Del Rey (KIC), WVI (WVI), Hollister Municipal (CHV), SNS, Merced Regional (MCE), Hayward Executive (HWD), and Tuolumne (O22) in California, and many more throughout the U.S. In addition, our team’s aviation planning experience includes system-wide analyses of air service, airport roles and functions, economic impact evaluations, and policy-level analyses.

We are adept at looking beyond the airport to see how the airport fits into a larger system, both in terms of an airport and the community.

Developing sustainable, livable, and multimodal communities doesn’t just happen—it requires visionary area master planning. We will apply our extensive experience to ensure the airport’s plan is in line with other regional goals. When we develop plans, we pay particular attention to the critical relationships between land use, various modal transportation networks, aesthetics, required infrastructure, and available funding to create a functional plan that creates the desired sense of place for an area. #22..
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9 Environmental Services
Agencies across the nation benefit from Kimley-Horn’s full range of environmental services. Our team draws on years of experience with public works and private development projects to produce documents that effectively assess project designs and clearly communicate environmental impacts to the general public and regulatory agencies. Our environmental compliance managers have worked on numerous complex, multidisciplinary projects requiring technical experience, creative solutions for design modifications and mitigation, and a thorough understanding of local, state, and federal regulations. Kimley-Horn’s documents are sensitive to the public’s concerns for environmental resource protection and community impacts as well as the real-world issues associated with costs and feasibility of implementing mitigation programs.

Whether our role is to prepare state-specific environmental documents such as CEQA and NEPA documents, technical studies, or peerreview studies, we understand the inherent complexities of completing environmental review processes in various settings according to the applicable regulatory framework. Kimley-Horn also understands that the environmental setting in which state and federal documents are prepared is dynamic and subject to frequent changes in practice, policy, legislation, and case law. This is not to say that every project is complicated or will be litigated.

However, our experienced environmental compliance staff across the country collaborate and work hard to ensure each environmental document and technical report that we prepare, or peer review, reflects all applicable rules, regulations, and appropriate legal interpretations.

Additional Information
Key Personnel Workload and
Availability The Kimley-Horn team is in an excellent
position to give top priority to projects through
this important on-call contract. Our local
resources include a 50-person office in San
José as well as more than 850 additional staff
members throughout California. Our local team
offers extensive airfield experience and can rely
upon the back-up resources of our firm’s
nationwide staff of more than 9,700
employees, including 250 aviation specialists. We maintain a dynamic resource allocation model, allowing us to shift personnel within the region and mobilize highly qualified specialists as needed, supported by proven tracking and project management tools. Our team structure offers both stability of key personnel for continuity and the ability to supplement with additional resources during peak workloads.

Kimley-Horn employs multiple unique tools for management and production of projects. One such tool is “castaheads,” a proactive management tool that details all projects’ production needs and tracks all staff availability. Castaheads function by providing a companywide mechanism for project managers to easily and seamlessly forecast and pair work tasks with specific staffing. Project managers can quickly and easily shift personnel so that adequate resources are available at a moment’s notice. By matching project needs with staff availability, Kimley-Horn’s cast-ahead system is an effective and accurate tool for keeping projects on schedule.

In reviewing our current castaheads, we can verify that the Kimley-Horn staff members selected for this team are available to serve you and are in an excellent position to handle the workload required to complete the projects listed in the RFQ. Using these tools, we can draw on our national resources should a project schedule need to be expedited for any reason.

Originality, Creativity, and Soundness of Problem-Solving Approaches Our team is recognized for addressing each assignment with innovative methodologies, tailoring public outreach, stakeholder engagement, and technical analyses to each airport's unique environment. Notably, at WVI and San Jose International Airport, we have developed solutions ahead of regulatory changes, implemented adaptive airfield simulation modeling, and developed on-the-fly inspection tools and GIS resources.

This emphasis on proactive, flexible thinking allows us to consistently exceed baseline requirements, even within tight timelines. #22..
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10 Proactive Communication with Clients and Internal Teams Kimley-Horn’s professionals are experienced in both small- and large-scale projects that demand close coordination and can include small and large multidisciplinary teams and consultants. Effective coordination of these teams forms the backbone of successful project management. Our clients expect a high level of responsiveness, communication, and quality. These high standards have been engrained in Kimley-Horn’s staff through our continued service to clients who must adhere to demanding schedules, a strict quality assurance program, and open lines of communication.

Our experience has shown that there is no such thing as “over-communication.” Effective communication begins with listening to our client’s ideas and goals for each project. Making certain that our team and our client’s staff are on the same page throughout the project will help avoid or mitigate potential problems or issues that might arise. To do this, we will:
 Keep the City informed through progress meetings and progress reports.  Hold meetings in-person or virtually through teleconferencing/videoconferencing applications. Whether it is through virtual video meetings, calls, messages, and/or in-person meetings, we will not only be able to keep things moving on a project, but we will also be available to meet with City staff at a moment’s notice if something critical needs to be discussed.  Provide the City with regular conference calls to keep you aware of critical issues as they arise and confirm your continued input throughout the process.
 Encourage ongoing electronic communications among all members of the project team, including email and an Internet ShareFile site.

This will grant team members convenient and fast access to information and serve as a tool to keep everyone up to speed with the progress of the project and upcoming meetings and activities.

Quality Control
Since our founding, Kimley-Horn has aggressively pursued a commitment to quality for every task, deliverable, and service provided by the firm.

Recognizing the importance of careful quality control, Kimley-Horn developed a QC/QA manual that every project manager and task manager is required to know and use. We strive for our procedures to facilitate the delivery of highquality services that satisfy our clients’ needs. There will be no learning curve relative to quality for the Kimley-Horn team.

Our QC/QA program will include the review of project documents and supporting data by our task managers and key staff who will direct individual tasks. Our QC/QA program will include, but not be limited to, the following procedures:
 The project administrator will be responsible for being thoroughly familiar with requirements and will be given the authority to direct the project team and call upon our corporate resources, as required, to satisfy the project needs.
 An internal “kick-off” meeting will be held with key individuals assigned to the project to clearly define the scope of services, set subtask responsibilities, and establish the schedule.  Project meetings and decisions will be documented by a “paper trail.” All documents will be supported by appropriate data that will clearly show the choices evaluated and the basis for our recommendations.  Supporting calculations, text, or data used to develop a document will be signed and dated by the individual involved when the services are performed. Also, telephone conversations and meetings that include or affect a project decision will be documented.

General Comprehension of the Potential On-Call Assignments and Responsiveness to the RFQ’s Unique Requirements Kimley-Horn’s experience with on-call contracts has honed our ability to rapidly mobilize teams, address varied project scopes, and provide seamless communication as an extension of City staff. We understand the City of Modesto’s requirement for self-sufficiency and proactive problem-solving in on-call engagements. Our flexible approach tailors resources, methodologies, and communications to each assignment, confirming effective and responsive delivery for every planning challenge. #22..
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11 Appendix
Contract Exceptions
Kimley-Horn has reviewed the sample Standard Agreement for Consultant Services and would like to discuss the following modifications with the City.

4. OBLIGATIONS OF CONSULTANT
Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement.

Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

17. INDEMNITY
If Consultant is Design Professional performing design professional services, as defined California Civil Code section 2782.8, Consultant agrees to indemnify, defend, and hold harmless the City, its agents, officers, officials, employees and volunteers from and against any and all claims, demands, costs, or liability that to the extent arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees, officials, officers, agents or agents in the performance of services under this Agreement, but this indemnity does not apply to liability for damages arising from the sole or active negligence, or willful misconduct of the City. The City agrees that in no event shall the cost to defend charged to the Consultant exceed that Consultant's proportionate percentage of fault.

However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. This duty to indemnify shall not be waived or modified by contractual Agreement or acts of the parties. #22..
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12 Additional Key Staff Resumes
Jack Park, CM
Role: Airport Layout Plan Development/Revisions; Runway and Taxiway Planning; Land Use Planning; ACIP/Grant Preparation and Administration
Jack is an aviation planning consultant with three years of experience supporting airport planning projects for more than 15 airports. His experience includes airport master plan and ALP updates, aviation forecasting and critical aircraft analysis, capital improvement program development, and Federal Aviation Administration grant support. Jack regularly coordinates with the Federal Aviation Administration on forecast approvals, prepares ALP drawings and airspace exhibits, and supports cost estimating and grant applications. He is known for his responsiveness and ability to manage multiple on-call assignments through completion.  City of Hayward, ALP Update & Environmental Services, Hayward, CA – Project Analyst  Sacramento International Airport, Master Plan Update, Sacramento, CA– Project Analyst  City of Watsonville, WVI 2023 Master Plan and CEQA, Watsonville, CA – Project Analyst  City of Hayward, ACIP Development, Grants Administration, and Environmental Clearance, Hayward, CA – Project Analyst  Jacksonville Aviation Authority, Professional Planning Services for Cecil Airport (VQQ) Master Plan Update, Jacksonville, FL – Project Analyst
 Salinas Municipal Airport, ACIP Development, Grants Administration, and Environmental Clearance, Salinas, CA – Project Analyst  Henderson Executive Airport, Airfield Safety Enhancement Planning Study, Henderson, NV – Project Analyst Andrew Scanlon
Role: Airport Layout Plan Development/Revisions; Runway and Taxiway Planning Andrew has 26 years of experience providing airport planning and program management services for commercial service and general aviation airports. His experience includes airport master planning, ALP updates, airspace and obstruction analyses including Federal Aviation Administration Form 7460-1 filings and AGIS data, runway incursion mitigation planning, and compatible land use studies. He leads multidisciplinary teams to deliver implementable planning solutions that balance operational needs with long term airport development and regulatory requirements.
 John Wayne/Orange County Airport (SNA), Facility Study, Santa Ana, CA – Project Manager  Sacramento International Airport (SMF), Gate Demand and Utilization Study, Sacramento, CA – Project Manager  Daytona Beach International Airport, Master Plan Update, Daytona Beach, FL – Deputy Project Manager  McClellan-Palomar Airport, ALP Update, Carlsbad, CA – Project Manager  Fallbrook Airpark, ALP Update, Fallbrook, CA – Project Manager  Mojave Air and Space Port (MASP), General Consulting Services, Mojave, CA – Project Manager  MRY, ALP Update, Monterey, CA – QC/QA Manager
 Siskiyou County Airport, ALP Update with Narrative Report, Yreka, CA – Project Manager  Watsonville Municipal Airport, Master Plan, Watsonville, CA – Project Planner  Hayward Executive Airport, ALP Update, Hayward, CA – Project Planner  FCH Airport, Master Plan, Fresno, CA – QC/QA Manager
 Coleman A. Young Airport, ALP Update with Vertiport, Detroit, MI – QC/QA Manager Susan Tam, RA, NCARP, ACE
Role: Terminal Area Planning/Space Utilization Studies
Susan has over 27 years of experience with 10 years in architecture and 17+ years dedicated to aviation, specializing in terminal and facilities planning. She has both consulting and client experiences, served as Senior Airport Planner at the San Francisco International Airport (SFO) for the last seven years. While at SFO, Susan managed several advanced planning and programming studies from the Airport Development Plan including a new international concourse, a replacement garage in the central terminal core, two-level belly cargo facilities, also lead receiving and distribution center, mixed-use administrative office and hotel tower, and other airport support facilities. Susan also led and managed large hub master plans, terminal area focused plans, and collaborated with other local/state agencies on land use and right of way matters.
 Sacramento International Airport, Master Plan Update, Sacramento, CA – Air Cargo Technical Lead #22..
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13  Huntington Tri-State Airport (HTS), Airport Master Plan, Huntington, WV – Project Planner  San Antonio International Airport, Airfield Advanced Planning and Programmatic Environmental Assessment, San Antonio, TX – Project Planner
 Eastern Iowa Airport, Master Plan, Cedar Rapids, IA – Project Planner  John Wayne Airport (SNA), On-Call Airport Architectural Engineering Services, Santa Ana, CA – Project Planner  SFO Bureau of Planning and Environmental Affairs, ADP Projects, San Francisco, CA – Project Manager (Owner-Side)*  Detroit Metropolitan Wayne County Airport, AMPU, Detroit, MI – Project Manager*  Des Moines International Airport, Terminal Area Concept Plan, Des Moines, IA – Deputy Project Manager* *Prior to joining Kimley-Horn
Colin Wheeler
Role: Passenger Forecasting/Demand Analysis; Fiscal Planning and Benefit Cost Analysis Colin has 18 years of professional planning experience including 14 years as an aviation planner. He has worked on commercial and GA airport master plans, aviation-related studies, airside and landside improvement projects, and environmental documents adhering to NEPA guidelines. His background in all facets of master planning elements from inventory to forecasts, facility requirements, alternatives, and ALP development has provided him with substantial knowledge of FAA standards and guidelines. Colin’s specific approach to planning focuses on consensus-based decision making and collaboration to achieve not only the goals and vision of an airport, but also the surrounding community.
 Fresno Yosemite International Airport (FAT), Master Plan Update, Fresno, CA – Project Planner  City of Fresno, Fresno Chandler Executive Airport (FCH), Runway 12/30 Obstruction Analysis, Fresno, CA – Project Manager  City of Fresno, Professional Planning and Environmental Consulting Services for AIP and Non-AIP Funded Projects at FAT and FCH, Fresno, CA – Project Manager
 City of Mena, Mena Intermountain Municipal Airport, Master Plan Update – Project Planner  City of Coolidge, Coolidge Municipal Airport Master Plan Update and Environmental Services, Coolidge, AZ – Project Manager  City of Cottonwood, Cottonwood Municipal Airport, Master Plan and Airport Layout Plan Update, Cottonwood, AZ – Project Manager  Arizona DOT South Central District, Arizona State Aviation System Plan (SASP) Update, Statewide, AZ – Project Planner  City of Tombstone, Tombstone Municipal Airport (P29) Airport Layout Plan Update with Narrative, Tombstone, AZ – Project Planner  Clark County Department of Aviation, Henderson Executive Airport Master Plan Update, Henderson, NV – Project Planner  Montana Department of Transportation (MDT), Economic Impact of Airports Update, Statewide, MT – Project Planner  Cottonwood Economic Development Council (CEDC), Cottonwood Municipal Airport Market Study, Cottonwood, AZ – Project Manager  City of Chandler, Chandler Municipal Airport (CHD) Economic Impact and Financial Analysis, Chandler, AZ – Project Planner Teresa Gresham, PE
Role: NEPA Support (5050.4 and 1050.1 Compliance; Agency Coordination Teresa has 23 years of experience in airport environmental planning and documentation, serving as environmental lead or project manager for airport projects nationwide. She has led the preparation of more than 30 airport environmental documents within the past five years in compliance with the National Environmental Policy Act and Federal Aviation Administration orders and guidance. Teresa routinely coordinates with the Federal Aviation Administration and has extensive experience supporting airport planning and capital improvement projects through the environmental review process. Her background includes managing multiple concurrent assignments, supporting on call environmental services, and delivering technically sound documentation that meets regulatory requirements and project schedules.
 Fresno Yosemite International Airport, Runway Rehabilitation, Fresno, CA – Environmental Lead  Yuma International Airport, Taxiway Rehabilitation, Yuma, AZ – Environmental Lead  King County International Airport, Taxiway Improvements, Seattle, WA – Environmental Lead  Henderson Executive Airport, Airfield Safety Improvements Advanced Planning Study, Henderson, NV – Environmental Lead  San Antonio International Airport, Airfield Safety Enhancement and Improvements Program, San Antonio, TX – Environmental Lead  Chandler Municipal Airport, Runway End Identifier Lights (REIL), Chandler, AZ – Environmental Lead #22..
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14 Marissa Sanchez
Role: Public Outreach and Stakeholder Engagement
Marissa is an urban planner with experience in community engagement, project management, and transportation planning. As a planning professional, she helps lead the outreach program for Phase II of VTA’s BART Silicon Valley extension. Marissa is continuously defining the outreach and engagement strategy for the project and leads the online engagement efforts-managing the creation and distribution of online content messaging for the general public and the project's respective stakeholders. She also supports the execution of public engagement events and activities (from start to finish) to integrate, inform, and educate the public in project updates and upcoming milestone events. Marissa additionally manages the construction communication aspect of the project between the contractor and the public to inform and prepare the public for upcoming construction activities along the project alignment.  City of Sunnyvale, Caltrain Station Bicycle/Pedestrian Access Improvements, Sunnyvale, CA – Public Involvement  VTA, BART Silicon Valley Phase II Tabling and Public Engagement, Santa Clara County, CA – Public Involvement  VTA, BART Silicon Valley Phase II Construction Outreach Management Program, Santa Clara County, CA – Outreach Lead  VTA, BART Silicon Valley Phase II Community Working Groups, Santa Clara County, CA – Outreach  VTA, BART Silicon Valley Phase II Business Resource Program (BRP), Santa Clara County, CA – Outreach  City of Elk Grove, Blue Line LRT/BRT Implementation Plan, Elk Grove, CA – Public Involvement  Capitol Corridor, South Bay Connect (SBC), Oakland and Newark, CA – Transportation Planner*  Capitol Corridor/BART, Link21, San Francisco and Aland, CA – Transportation Planner*  California High-Speed Rail Authority (CHSRA), California High-Speed Rail, San Francisco-Merced, CA – Transportation Planner* *Prior to joining Kimley-Horn
Pearse Melvin, PE
Role: Preliminary Engineering/Cost Estimating
Pearse has 35 years of experience in civil engineering design and construction management, including more than two decades at Kimley-Horn supporting airport projects throughout California. His experience includes managing airfield projects from planning and conceptual design through final design and construction administration. Pearse’s technical expertise includes runway, taxiway, and apron pavement rehabilitation and reconstruction, airfield utility and site design, development of Construction Safety and Phasing Plans, and coordination with Federal Aviation Administration requirements. He has led complex airfield improvement projects while supporting safety management system reviews and delivering constructable solutions that align with airport operational needs and project schedules.
 MOD, West Apron Reconstruction, Runway Shoulder Rehabilitation, and Perimeter Fence, Modesto, CA – Project Manager  MOD, Engineering Management Services, Modesto, CA – Project Manager  MOD, Perimeter Fence Rehabilitation, Modesto, CA – Project Manager  Livermore Municipal Airport (LVK), On-Call Consulting Services, Livermore, CA – Task Manager  John Wayne Airport, On-Call Engineering, Santa Ana, CA – Program Manager  San José International Airport (SJC), On-Call Architecture and Engineering (A/E) Consultant Services, San Jose, CA – Principal-in-Charge  City of Hollister, Planning, Design, and Construction Management, Hollister, CA – Project Manager  Santa Barbara Municipal Airport (SBA), Runway 15R/33L Design and Pavement Rehabilitation, Santa Barbara, CA – Project Manager  Lompoc Airport (LPC) Airfield Electrical Upgrade and Runway Rehabilitation Project, Lompoc, CA – Project Manager  Tuolumne County, Columbia Airport Pavement Rehabilitation Project, Tuolumne County, CA – Project Manager #22..
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CONTACT
Erin Sheelen, AICP, ACE
[email protected]
669.800.1985
10S. Almaden Blvd
Suite 1250
San Jose, CA 95113
www.kimley-horn.com
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Hourly Labor Rate Schedule
Classification Rate
Analyst I $145 - $175
Analyst II $185 - $220
Professional $215 - $250
Senior Professional I $265 - $345
Senior Professional II $360 - $430
Senior Technical Support $130 - $310
Technical Support $105 - $180
Support Staff $95 - $160
BR00PUSTD.A.001
Effective through June 30, 2026. Subject to annual adjustment thereafter.

External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract.

Sub-Consultants will be billed per the Contract.
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
Frederik J. Venter, PE
Kimley-Horn and Associates, Inc. 12/18/25
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Hourly Labor Rate Schedule
Classification Rate
Analyst I $145 - $175
Analyst II $185 - $220
Professional $215 - $250
Senior Professional I $265 - $345
Senior Professional II $360 - $430
Senior Technical Support $130 - $310
Technical Support $105 - $180
Support Staff $95 - $160 BR00PUSTD.A.001
Effective through June 30, 2026. Subject to annual adjustment thereafter.

External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract.

Sub-Consultants will be billed per the Contract.
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1 Exhibit C:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
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2 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #22..
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 14, 2026
Date: June 23, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Chad Reed, Director of Public Works
DeAnna Christensen, Director of Finance
SUBJECT: Bulk Oil and Lubricants Agreements
CONTACT: Patrick Crowley, Senior Public Works Manager,
[email protected], 209-342-2274
DESCRIPTION:

Consider approving the Agreements for the furnishing of Bulk Oil and Lubricants to SC Fuels, Modesto, CA and Hunt Oil of California, Modesto, CA for a total combined amount not to exceed $2,250,000 over five (5) years. (Funding Source: Fleet Fund and Outside Service Agreements)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2025-2026 Strategic Plan focus of Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.

BACKGROUND:

The Public Works Department, Fleet Services Division, and the Fire Department maintain storage tanks for bulk oils. Additionally, these departments maintain a stock of lubricants that are used in the maintenance of the City’s Fleet for over 1,600 vehicles and equipment. This count also includes our outside service agreements with Stanislaus Regional Transit Authority, Oakdale Fire Department, Oakdale Fire Authority, Ceres Fire Department, Salida Fire Department, Stanislaus Consolidated Fire and Turlock Fire.

Bulk oils and lubricants used at these facilities are purchased on an as-needed basis throughout the year from annual purchase agreements. Annual agreements take advantage of economies of scale, by combining department volumes for long-term procurement commitments with various suppliers.
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City Council, July 14, 2026
Bulk Oil and Lubricants Agreements

On November 4, 2020, under Resolution 2020-462, City Council approved the award of Request for Bid and an Agreement for bulk oils and lubricants to Hunt & Sons, Inc. of Modesto, California, for the total amount not to exceed $486,602 over five (5) years.

On September 14, 2021, by Resolution No. 2021- 365, Hunt & Sons, Inc. entered into a First Amendment to the Agreement with the City of Modesto to provide bulk oils and lubricants for the City of Modesto Fleet Services Division to increase the amount by $456,599 from $486,602 to a new total amount $943,201.

On August 19, 2025, the City Manager approved a Second Amendment for the purchase of Bulk Oils and Lubricants with Hunt & Sons Inc., Ceres, CA, to increase the amount by $800,000 to a new total amount of $1,743,201 over the remaining duration of the agreement. This amendment will expire on June 30, 2026.

DISCUSSION:

The City will utilize other public agencies’ bidding processes to streamline the procurement process especially when the bidding process of these public agencies aligns with the City of Modesto bidding requirements. The competitive process is continually refined to best meet agency needs and allows other government agencies to offer exceptional products from nationally acclaimed vendors.

On February 9, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for Bulk Oil and Lubricants.

Hunt Oil of California
On March 1, 2025, City of Vallejo, CA issued a Request for Proposal (RFP) under Agreement #26PW016 for Supply Fuel and Petroleum Products on their public bidding portal, PlanetBids. On April 3, 2025, proposals were opened at City of Vallejo City Hall.

Six (6) proposals were received, and one (1) was a local vendor within Stanislaus County and based on the scoring criteria outlined in the RFP, Hunt Oil of California was awarded for this commodity. The evaluation criteria were based on description of products and services, pricing and terms, background and experience, other considerations and incentives. Based on the responsive and responsible proposer offering the highest scoring criteria, City staff recommends to award to Hunt Oil of California to purchase Bulk Oil and Lubricants for a two (2) year agreement with three (3) one-year extension options for an estimated annual amount of $300,000 and a total amount not to exceed $1,500,000 over five (5) years.

SC Fuels
On June 22, 2023, City of Visalia, CA issued a Request for Bids (RFB) under RFB 22- 23-57 for Supply Fuel and Petroleum Products on their public bidding portal BidNet Direct. On July 20, 2023, bids were opened at City of Visalia location. Five (5) prospective bidders downloaded the bid. Three (3) bids were received, and none were local vendors or within Stanislaus County and based on the lowest bid, SC Fuels was #23..
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City Council, July 14, 2026
Bulk Oil and Lubricants Agreements

awarded for this commodity. Based on the lowest responsive and responsible bid, City staff recommends to award to SC Fuel to purchase Bulk Oil and Lubricants for two (2) year agreement with three (3) one-year extension options for an estimated annual amount of $150,000 and total amount not to exceed $750,000 over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid.

However, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. Based on these requirements, both Hunt Oil of California and SC Fuels were awarded utilizing a competitive bidding process through other government agencies.

FISCAL IMPACT:

The Bulk Oil and Lubricants for these Agreements are funded through the Fleet Fund and allocated to all City departments that are assigned City vehicles. Below is the five (5) year spending history with the current agreement with Hunt Oil of California.

Below is the breakdown of the Proposed new Agreement for the five (5) year term.

Term
Hunt Oil of
California SC Fuels Total
Year 1 $ 300,000 $ 150,000 $ 450,000
Year 2 $ 300,000 $ 150,000 $ 450,000
Year 3 $ 300,000 $ 150,000 $ 450,000
Year 4 $ 300,000 $ 150,000 $ 450,000
Year 5 $ 300,000 $ 150,000 $ 450,000
Total $ 1,500,000 $ 750,000 $ 2,250,000
Agreement Term Annual Spend
Year 1 $ 160,060
Year 2 $ 245,953
Year 3 $ 312,727
Year 4 $ 398,799
Year 5 $ 361,718
Year 6 $ 174,380
TOTAL $ 1,653,637
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City Council, July 14, 2026
Bulk Oil and Lubricants Agreements

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on June 22, 2026, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Competitive Bidding Process from City of Vallejo with Hunt Oil of California, Modesto, CA and the Competitive Bidding Process from City of Visalia with SC Fuels, Modesto, CA for Bulk Oil and Lubricants for a two (2) year Agreement with three (3) one-year extension options, for an estimated combined annual amount of $450,000, and a total combined amount not to exceed $2,250,000 over five (5) years; authorizing the Director of Finance to adjust agreement totals between vendors based on vendor’s availability and department’s needs, ensuring the combined total amount does not change; and authorizing the City Manager, or his designee, to execute the Agreements.
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City Council, July 14, 2026
Bulk Oil and Lubricants Agreements

Approved by:

Chad Reed, Director of Public Works
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Agreement – SC Fuels

3. Agreement – Hunt Oil of California

4. Exhibit B – SC Fuels

5. Exhibit B – Hunt Oil of California

6. Exhibit C – City of Visalia RFB – SC Fuels

7. Exhibit C – Hunt Oil of California

8. Cost Abstract – SC Fuels

9. Cost Abstract – Hunt Oil

10. FID – Hunt Oil of California

11. CA Levine Act – Hunt Oil of California

12. FID – SC Fuels

13. CA Levine Act – SC Fuels

14. Exhibit D – SC Fuels Pricing

15. Exhibit D – Hunt Oil Pricing
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07/14/2026/PW/CReed/Item X 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE COMPETITIVE BIDDING PROCESS FROM

CITY OF VALLEJO WITH HUNT OIL OF CALIFORNIA, MODESTO, CA AND

THE COMPETITIVE BIDDING PROCESS FROM CITY OF VISALIA WITH SC FUELS, MODESTO, CA FOR BULK OIL AND LUBRICANTS FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED COMBINED ANNUAL AMOUNT OF $450,000, AND A TOTAL COMBINED AMOUNT NOT TO EXCEED $2,250,000 OVER FIVE (5) YEARS; AUTHORIZING THE DIRECTOR OF FINANCE TO ADJUST
AGREEMENT TOTALS BETWEEN VENDORS BASED ON VENDOR’S
AVAILABILTY AND DEPARTMENT’S NEEDS; AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENTS
WHEREAS, the Public Works Department, Fleet Services Division, and the Fire Department maintain storage tanks for bulk oils; and WHEREAS, these departments maintain a stock of lubricants that are used in the maintenance of the City’s Fleet for over 1,600 vehicles and equipment; and
WHEREAS, this count also includes our outside service agreements with Stanislaus Regional Transit Authority, Oakdale Fire Department, Oakdale Fire Authority, Ceres Fire Department, Salida Fire Department, Stanislaus Consolidated Fire and Turlock Fire; and
WHEREAS, the City will utilize other public agencies’ bidding processes to streamline the procurement process especially when the bidding process of these public agencies aligns with the City of Modesto bidding requirements; and WHEREAS, the competitive process is continually refined to best meet agency needs and allows other government agencies to offer exceptional products from nationally acclaimed vendors; and
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07/14/2026/PW/CReed/Item X 2 2026-XX
WHEREAS, on February 9, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for Bulk Oil and Lubricants; and WHEREAS, on March 1, 2025, City of Vallejo, CA issued a Request for Proposal (RFP) under Agreement #26PW016 for Supply Fuel and Petroleum Products on their public bidding portal, PlanetBids; and WHEREAS, on April 3, 2025, proposals were opened at City of Vallejo City Hall; and
WHEREAS, six (6) proposals were received, and one (1) was a local vendor within Stanislaus County and based on the scoring criteria outlined in the RFP, Hunt Oil of California was awarded for this commodity; and WHEREAS, the evaluation criteria were based on description of products and services, pricing and terms, background and experience, other considerations and incentives; and
WHEREAS, based on the responsive and responsible proposer offering the highest scoring criteria, City staff recommends to award to Hunt Oil of California to purchase Bulk Oil and Lubricants for a two (2) year agreement with three (3) one-year extension options for an estimated annual amount of $300,000 and a total amount not to exceed $1,500,000 over five (5) years; and WHEREAS, on June 22, 2023, City of Visalia, CA issued a Request for Bids (RFB) under RFB 22-23-57 for Supply Fuel and Petroleum Products on their public bidding portal BidNet Direct; and
WHEREAS, on July 20, 2023, bids were opened at City of Visalia location.

Five (5) prospective bidders downloaded the bid and three (3) bids were #23..
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07/14/2026/PW/CReed/Item X 3 2026-XX
received, and none were local vendors or within Stanislaus County and based on the lowest bid, SC Fuels was awarded for this commodity; and WHEREAS, based on the lowest responsive and responsible bid, City staff recommends to award to SC Fuel to purchase Bulk Oil and Lubricants for two (2) year agreement with three (3) one-year extension options for an estimated annual amount of $150,000 and total amount not to exceed $750,000 over five (5) years; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to be formally bid; and
WHEREAS, exceptions to the formal bidding process are granted in MMC 8-3.204(d) “Where the Purchasing Manager, in her discretion, determines that a process other than the formal bid procedure set for in Section 8-3.203 will result in a procurement for the City at the lowest possible cost commensurate with the desired quality.” In addition, MMC 8-3.202(h) encourages the Purchasing Manager to join with the State of California or other units of government in cooperative purchasing plans when the best cost savings interest of the City would be served. Based on these requirements, both Hunt Oil of California and SC Fuels were awarded utilizing a competitive bidding process through other government agencies.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Competitive Bidding Process from City of Vallejo with Hunt Oil of California, Modesto, CA and the Competitive Bidding #23..
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07/14/2026/PW/CReed/Item X 4 2026-XX
Process from City of Visalia with SC Fuels, Modesto, CA for Bulk Oil and Lubricants for a two (2) year Agreement with three (3) one-year extension options, for an estimated combined annual amount of $450,000, and a total combined amount not to exceed $2,250,000 over five (5) years.

BE IT FURTHER RESOLVED, the Director of Finance is authorized to adjust agreement totals between vendors based on consultant’s availability and department’s needs, ensuring the combined total amount does not change.

BE IT FURTHER RESOLVED, the City Manager, or his designee, is authorized to execute the Agreements, in a form approved by the City Attorney. #23..
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07/14/2026/PW/CReed/Item X 5 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 14th day of July, 2026, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember _____, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL PURCHASE AGREEMENT
BULK OIL AND LUBRICANTS - AGREEMENT #284309
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Southern Counties Oil Company dba SC Fuels, a California Limited Partnership, hereinafter called VENDOR, WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the Bulk Oil & Lubricants materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR 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 VENDOR shall enter into an agreement for the Bulk Oil & Lubricants as described in RFB 22-23-57, attached hereto as Exhibit “C” and made a part hereof, and NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one (1) year, with four (4) one-year extension options each exercisable upon mutual written agreement of the parties, for a total of up to five (5) years.

Year 1: JULY 15, 2026, through JULY 14, 2027
Year 2: JULY 15, 2027, through JULY 14, 2028
Year 3: JULY 15, 2028, through JULY 14, 2029
Year 4: JULY 15, 2029, through JULY 14, 2030
Year 5: JULY 15, 2030, through JULY 14, 2031
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2 2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $150,000.. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $750,000.

B. The AGREEMENT pricing is attached hereto as Exhibit D. Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit D, attached hereto and made a part hereof by this reference.

C. The CITY and VENDOR may agree to update the products and prices contained in Exhibit D to add, remove, or substitute items, or change pricing. All changes shall be in writing and approved by the Finance Director.

D. Pricing shall remain firm for the first (1) year of the AGREEMENT.

E. Price increases or decreases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in the event of a price increase, no instance may the price increase exceed the net percentage increase during the prior 12-month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least ninety (90) days prior to the annual anniversary date of the AGREEMENT.

3. USAGE:

Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING:

Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

5. PAYMENT:

All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected]. As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via Net 45 Days via manual check.

6. AMENDMENTS:

No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division. #23..
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3 7. TERMINATION:

A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within thirty (30) days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party. Failure to correct any nonperformance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon thirty (30) days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION:

All GOODS are subject to inspection and testing by the CITY for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the right to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after coming due to VENDOR or send an invoice to the VENDOR 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 VENDOR 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. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

9. RESPONSIBILITY:

Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

10. SHIPMENT:

Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B.

Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.
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4 11. CHANGES:

The AGREEMENT or purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished or the quantities ordered. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given, therefore.

12. WARRANTY:

Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

13. INSURANCE:

Any AGREEMENT or purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.

14. TAX EXEMPTIONS:

The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.

15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and its agents, 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 out of any negligent act or omission of VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the CITY.

VENDOR’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees #23..
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5 harmless under the provisions of this paragraph is not limited to or restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

16. GOVERNING LAW:

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, U.S.A., without giving effect to its conflicts of law provisions or principles.

17. VENUE:

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.

18. ATTORNEY'S FEES:

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. LIMITATION OF LIABILITY:

The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the VENDOR’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the AGREEMENT unless such death, injury, or property damage is caused by the negligence of the City or its agents, invites, or licensees. The VENDOR shall assume full responsibility for the defense of any claims arising under the AGREEMENT and the VENDOR shall save, keep, and bear harmless the CITY, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this AGREEMENT or asserted against it unless such damages, costs, or expenses because of personal injury or property damage is caused by the negligence of the City or its agents, invitees, or licensees .

20. 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:
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6 VENDOR: SC Fuels
Attention: Jake Loveland
237 E. Whitmore Avenue
Modesto, CA 95358
(888) 723-8357
[email protected],
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Kim Presson
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT:

Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

22. MISCELLANEOUS:

Time is of the essence in each and every provision of this AGREEMENT.

23. ENTIRE AGREEMENT:

This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS 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.

24. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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7 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2026-____ adopted by the Council of the City of Modesto on the 14th day of July, 2026 and Southern Counties Oil Company dba SC Fuels, has caused this Agreement to be duly executed. #23..
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1 ANNUAL PURCHASE AGREEMENT
BULK OIL AND LUBRICANTS - AGREEMENT #284310
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Hunt Oil of California, LLC, a California limited liability company, hereinafter called VENDOR, WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the Bulk Oil and Lubricants materials, supplies or equipment described herein (the “GOODS”) to VENDOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the VENDOR 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 VENDOR shall enter into an agreement for the Bulk Oil and Lubricants as described in Supply of Fuel and Petroleum Products for Fiscal Year 2025/2026 - 2026/2027, attached hereto as Exhibit “C” and made a part hereof, and
NOW, THEREFORE, the parties hereto mutually agree as follows:

1. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of one (1) year, with four (4) one-year extension options at the sole discretion of City, for a total of up to five (5) years.

Year 1: JULY 15, 2026, through JULY 14, 2027
Year 2: JULY 15, 2027, through JULY 14, 2028
Year 3: JULY 15, 2028, through JULY 14, 2029
Year 4: JULY 15, 2029, through JULY 14, 2030
Year 5: JULY 15, 2030, through JULY 14, 2031
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2 2. PRICING:

A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $300,000.. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $1,500,000..

B. The AGREEMENT pricing is attached hereto as Exhibit D. Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit D, attached hereto and made a part hereof by this reference.

C. The CITY and VENDOR may agree to update the products and prices contained in Exhibit D to add, remove, or substitute items, or change pricing. All changes shall be in writing and approved by the Finance Director.

D. Pricing shall remain firm for the one (1) years of the AGREEMENT.

E. Price increases for each subsequent AGREEMENT years two, three, four, and five, shall be negotiated in good faith by the parties, but in no instance may exceed the net percentage increase during the prior 12-month period in the Federal Bureau of Labor Statistics’ Consumer Price Index (CPI) for West Urban Area. Requests for price increases in any renewal year shall be submitted by VENDOR in writing at least ninety (90) days prior to the annual anniversary date of the AGREEMENT.

3. USAGE:

Vendor shall provide whatever quantities may be required during the term of this Agreement. No minimum or maximum quantities are guaranteed or implied by CITY.

4. ORDERING:

Vendor shall deliver GOODS to the location specified within CITY’s purchase order. Unless specified by the Purchasing Division, no GOODS may be delivered to CITY unless a purchase order has been provided by CITY to VENDOR.

5. PAYMENT:

All invoices shall be paid in full by CITY after completion and acceptance of the GOODS by the City, and receipt of a properly prepared invoice submitted by VENDOR via email to [email protected]. As specified by the Purchasing Division, every invoice must reference this AGREEMENT number or CITY’s purchase order number. VENDOR will be paid by CITY via Net 45 Days via manual check.

6. AMENDMENTS:

No changes to this AGREEMENT shall be effective unless documented by a written amendment to this AGREEMENT and signed by the parties hereto with CITY represented by the Purchasing Division. #23..
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3 7. TERMINATION:

A. In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.

Within thirty (30) days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party. Failure to correct any nonperformance shall allow the non-breaching party to terminate this AGREEMENT for cause.

B. CITY may terminate this AGREEMENT for convenience upon thirty (30) days prior notice to VENDOR by CITY’s authorized employee.

8. INSPECTION:

All GOODS are subject to inspection and testing by the CITY for compliance with specifications as included herein, within a reasonable time after delivery. In the event GOODS are defective or not in conformity with this AGREEMENT or CITY’s purchase order, the CITY shall have the right to either reject the GOODS or require correction. Defective articles or services shall be removed from CITY premises and/or corrected by and at the expense of VENDOR; provided that should the VENDOR fail, neglect or refuse to do so, the CITY shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. CITY may deduct from any moneys due or that may there after coming due to VENDOR or send an invoice to the VENDOR 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 VENDOR 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. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder. Failure by CITY to inspect and accept or reject shall not relieve the VENDOR from responsibility for compliance with specifications. Final acceptance shall be conclusive except as regards to latent defects, fraud, or such gross mistakes as amount to fraud.

9. RESPONSIBILITY:

Unless otherwise specified, the VENDOR shall be responsible for all GOODS until delivered at CITY’s designated delivery point and shall bear all risks as to items rejected or requiring correction after notice of such rejection or correction is given.

10. SHIPMENT:

Unless otherwise authorized by CITY’s Purchasing Division, GOODS shall be delivered F.O.B.

Destination Freight Prepaid and Included in Price of GOODS. VENDOR may not collect freight collect or charge shipping expenses otherwise to CITY. Original receipted freight bill must accompany the invoice. Shipment must be made within the time stated on Purchase Order, failing which CITY reserves the right to purchase elsewhere and charge VENDOR with any loss incurred, unless delay in making shipment is due to unforeseeable causes beyond the control and without the fault or negligence of VENDOR.
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4 11. CHANGES:

The AGREEMENT or purchase order may at any time, by written order of the CITY, be changed in regard to the GOODS to be furnished, quantities ordered. In the event such change causes an increase or decrease in the cost of performance hereunder, and equitable adjustment will be made for the cost thereof, subject to the approval of the Purchasing Manager, and written notice given, therefore.

12. WARRANTY:

Notwithstanding any other provisions of the purchase order, VENDOR warranties for the GOODS shall extend for 90 days after delivery thereof to CITY, shall meet or exceed all original manufacturer warranties, and that GOODS shall be of the most suitable grade as specified in this AGREEMENT, VENDOR’s own marketing materials and in the purchase order. Moreover, VENDOR warrants and represents that GOODS shall comply with warranties of merchantability and fitness for a particular purpose. If a defect is discovered in any GOODS covered in this AGREEMENT, VENDOR shall correct at its expense, including transportation/freight, such defects as are reported within one year of final acceptance.

13. INSURANCE:

Any AGREEMENT or purchase order where work, maintenance, or service is performed on CITY property requires appropriate insurance. VENDOR shall ensure proper insurance certificates are on file with the CITY prior to performing onsite work. Contact CITY’s Purchasing Division to verify the type of insurance required.

14. TAX EXEMPTIONS:

The CITY is exempt from payment of federal excise tax. All invoices shall be exclusive of such excise tax. Moreover, if the CITY’s purchase is not subject to sales tax, the statement for resale will appear in the body of the purchase order.

15. INDEMNITIES:

A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and volunteers from any claim, loss or damage from VENDOR’s, or the GOODs’, infringement of trademarks, patents, copyrights and unfair competition action with to any third party.

B. VENDOR shall hold the CITY and its agents, 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 VENDOR, or its agents, officers, employees, or subcontractors relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the CITY. VENDOR’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 #23..
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5 restricted by any requirement for VENDOR to procure and maintain a policy of insurance VENDOR.

16. GOVERNING LAW:

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, U.S.A., without giving effect to its conflicts of law provisions or principles.

17. VENUE:

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.

18. ATTORNEY'S FEES:

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

19. LIMITATION OF LIABILITY:

The CITY shall not be responsible for any damage that may accrue by reason of the death or injury of the person of the VENDOR’s officers, agents, employees, invitees, or licensees, or be set up at any time because of personal injury or damage to property sustained by any other person or persons, which may have been caused or contributed to, approximately or remotely, by reason of or in the course of performance of the AGREEMENT. The VENDOR shall assume full responsibility for the defense of any claims arising under the AGREEMENT and the VENDOR shall save, keep, and bear harmless the CITY, all officers and employees thereof, from all damages, costs, or expenses because of personal injury or property damage based on the performance of this AGREEMENT or asserted against it.

20. 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:

VENDOR: Hunt Oil of California
Attention: Zachary James
720 B Street
Modesto, CA 95354
(916) 903-6630
[email protected]
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6 CITY: City of Modesto
Purchasing Division
Attention: Kim Presson
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

21. ASSIGNMENT:

Neither this AGREEMENT nor any portion hereof shall be subcontracted or assigned without the written consent of the CITY in each and every instance.

22. MISCELLANEOUS:

Time is of the essence in each and every provision of this AGREEMENT.

23. ENTIRE AGREEMENT:

This AGREEMENT and its exhibits contain the entire understanding between VENDOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from VENDOR’S bid are controlling and are deemed accepted by VENDOR by provision of any GOODS 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.

24. PARTIAL INVALIDITY:

If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this AGREEMENT by its Director of Finance under authority of Resolution No. 2026-____ adopted by the Council of the City of Modesto on the 14th day of July, 2026 and Hunt Oil of California, LLC, has caused this Agreement to be duly executed.
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Jun 24, 2025 2:37 PM, 1356278933
Pre-Requisition Form
Finance Department 555 Santa Clara Street Vallejo CA 707.648.4592 Department: Public Works Departments, Maintenance
Staff Contact: Angel Abinasa, [email protected] Vendor: Hunt Oil of California Vendor Number 101974
Term: Purchase next FY
Anticipated Purchase Date: Jul 01, 2025
Anticipated Contract Type: Other: Supply of Fuel and Petroleum Products Agreement Purchasing Authority: City Council Anticipated Date to Council: Jun 03, 2025 Total Projected Expenditure: 5000000.00
Anticipated Account Number 5012901 5014009
Multiple Project Numbers? Multiple Account Numbers? No, just one Description of Proposed Purchase:

Fuel and lubrcation supplies.

I have reviewed the city-wide contracts, expenditure and encumbrance reports to comply with the VMC.

It is an existing vendor and I am working to take an action to the City Council because it will exceed the Citywide cap of $100,000 in a single FY.

Competitive Process: I have completed a Formal Bid Process and I have received written quotes Winning Quote Uploaded: Yes
Explanation for Vendor Selection:

A formal RFP was advertised in May 2025. Proposals were received from the following companies:

Ramos Oil
Bosco Oil
Pinnacle Petroleum
Merrimac Energy Group
Safety Kleen
Hunt Oil of California received the highest score
Other Comments:

City Council approved awarding this contract to Hunt Oil of California on June 03, 2025.

Uploaded documents available for review https://bit.ly/vPreReqs.

WarrantyNo
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Score SheetsYes
Winning Bid/Quote/ProposalYes
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Pre-Requisition Signature Section
Department Comment
Supervisor/Manager: Brisa Long
Title: Admin Analyst II
E-mail: [email protected]
_
_
Signature Date
Delegated Signee: Oscar Alcantar
Title: Public Works Director
E-mail: [email protected]
_
Signature Date
Route Final HTE PO to City Clerk for Contract Log
6/24/25
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#23..
- 1447 -
#23..
- 1448 -
RFP Title: SUPPLY OF FUEL AND PETROLEUM PRODUCTS FOR FISCAL YEARS 2025/2026 – 2026/2027 Total Points Available
25 50
15 10
100 Total Points Possible
Jorge Luis
VENDOR NAME RATER 1 SCORES RATER 2 SCORES AVERAGE
Hunt & Sons 92 86 89
Ramos Oil 87 78 82.5
Bosco Oil 86 83 84.5
Pinnacle Petroleum 84 81 82.5
Merrimac Energy Group 82 69 75.5
Safety Kleen 65 56 60.5

PROPOSAL SCORE SUMMARY
Evaluation Criteria
Description of Products and Services
Pricing and Terms
Background, Experience, and Reputation
Other Considerations and/or Incentives
#23..

FINANCIAL INTEREST DISCLOSURE
Any contract award therewith will require approval by a majority vote of the City of Modesto’s City Council.

In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Vendor until all person with a direct or indirect financial interest of greater than $2,000 in the Vendor are identified by name.

Vendor must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Vendor shall identify any person with a financial interest in the Vendor by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Vendor less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Vendor meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Vendor is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#23..
- 1450 -
Print Names of Persons Having a Financial Interest in Vendor Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Vendor Signatory:

Signature of Vendor Representative:
#23..
- 1451 -
California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
#23..
- 1452 -
Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
#23..
- 1453 -
Thursday, May 28, 2026
City Of Modesto
1010 10th Street
Modesto Ca, 95354
Attn: Kim Presson
SC Fuels is pleased to present the following oil product and pricing information regarding your lubricants needs. Please feel free to contact me at your convenience to discuss any questions you might have. *CONFIDENTIAL PRICING *
Product Name Price Per Unit Package Style
Chevron Ursa 15W40 $10.89/gal Bulk
Chevron Ursa 15W40 $11.43/gal Drum
Chevron Delo XLE 15W40 $14.81/gal Bulk
Chevron Delo XLE 15W40 $15.60/gal Drum
Chevron Supreme 5W30 $8.78/gal Drum
Chevron Supreme 10W30 $8.78/gal Drum
Chevron Havoline Pro DS 5W30 $14.20/gal Drum
Chevron 1000 THF $14.77/gal Bulk
Chevron Tractor Fluid $8.92/gal Bulk
Delo ELC Advanced 50/50 Coolant $9.84/gal Drum
Delo XLC 50/50 Coolant $9.96/gal Drum
Azure Green 50/50 Coolant $6.88/gal Drum
Azure Red AF/C HD Nitrite Free
Coolant
$9.45/gal Drum
Chevron Delo Syn ATF $34.79/gal Drum
Chevron ATF MD-3 $9.45/gal Drum
Chevron Ultra Duty HD 2 $149.90/case Case of 40 Tubes
Chevron Rykon HD 2 M5 $248.13/case Case of 40 Tubes
Chevron Starplex HD 2 $3.96/lb 120LB Keg
Chevron Regal R&O 68 $19.27/gal Drum
Chevron Meropa EliteSyn XM 150 $34.77/gal Drum
Chevron Meropa EliteSyn XM 220 $35.97/gal Drum
Fuchs FM Hyd AW32 $29.64/gal Drum
Chevron Hydraulic Oil AW 32,46,68 $8.44/gal Drum
Superb Food Grade Oil 32 $18.25/gal Drum
Rando HD ISO 32,46,68 $12.89/gal Drum
Chevron Cetus Hipersyn 68 $32.56/gal Drum
Castrol CRB 15W40 $9.99/gal Bulk
Castrol Essential 5W30 $9.06/gal Drum
Castrol Universal Tractor Fluid $13.58/gal Bulk
Castrol GTX 10W30 $15.91/gal Drum
#23..
- 1454 -
Radicool SFO 50/50 Coolant $10.13/gal Drum
Castrol Transynd 668 $30.93/gal Drum
Pyroplex Red EP 2 $4.71/lb 120LB Keg
Castrol Hyspin AW 22,32,46,68 $14.77/gal Drum
Phillips 66 Guardol ECT 15W40 $16.89/gal Bulk
Phillips 66 Guardol TT 15W40 $15.71/gal Bulk
Phillips 66 Guardol ECT 15W40 $17.34/gal Drum
Phillips 66 Guardol TT 15W40 $16.78 Drum
Phillips 66 Powertran Fluid $16.23/gal Bulk
Phillips 66 Megaflow AW 32,46,68 $15.66/gal Drum
Phillips 66 Triton Heavy Duty ATF $38.71/gal Drum
Phillips 66 Shield Choice 5W30 SB $17.91/gal Drum
Phillips 66 Shield Choice 10W30 SB $16.67/gal Drum
• Pricing does not include applicable taxes.
• Additional products available from SC Fuels include: Environmental Diesels, Inventory/Tank Monitoring, ALL Lubrication Products, Chemicals, Solvents, Floor Sweep, Soaps, Storage and Dispensing Equipment, Oil Safe Containers
Thank you for the opportunity to provide you with our quality products and service. I look forward to hearing from you soon.

Sincerely,
Jake Loveland
SC Fuels
209-480-5546 (CELL) | 209-537-1565 (FAX)
[email protected]
#23..
- 1455 -
Product Product ID
Price Name Change
BLACK PEARL SRI 2 (8P ) SRI2-8P $5.19/lb
BLUEDEF 55G DRUM W/COMPONENT (55G) DEF001B-55G $3.45/gal CAMCO FMO 8-15 (5G ) COFMO815-5G $42.90/gal
CHEV CETUS HIPERSYN ISO 220 (55G) HIPSYN220-55G $30/gal CHEV CETUS HIPERSYN ISO 220 (55G) HIPSYN220-55G
CHEV CETUS PAO 46 (5G ) CET46-5G $36/gal
CHEV RANDO HD ISO 32 (55G) AWH32-55G $13.99/gal
CHEV RANDO HD ISO 32 (55G) AWH32-55G $13.99/gal
CHEV RANDO HD ISO 46 (55G) AWH46-55G $13.99/gal
CHEV RANDO HD ISO 68 (55G) AWH68-55G $13.99/gal
CHEV RANDO HD ISO 68 (5G ) AWH68-5G $15.99/gal
CHEV STARPLEX HD 2 (QTB) STARHD2-QTB $4.25/lb.

CHEV STARPLEX HD 2 (QTB) STARHD2-QTB $4.25/lb.

CHEV TRACTOR FLUID (55G) TRACTOR-55G $12.99/gal
CHEV TRACTOR FLUID (BKO) TRACTOR-BKO $11.99/gal
CHEV TRACTOR FLUID (BKO) TRACTOR-BKO $11.99/gal
CHEV ULTI-PLEX GRS EP NLGI 2 (QTB) ULTPLEX2-QTB $4.69/lb.

CHEV URSA SPR+EC 15W40 (55G) URSA1540-55G $12.99/gal
CHEV URSA SPR+EC 15W40 (55G) URSA1540-55G $12.99/gal
CHEV URSA SPR+EC 15W40 (BKO) URSA1540-BKO $11.99/gal
CHEV URSA SPR+EC 15W40 (BKO) URSA1540-BKO $11.99/gal
CHEVRON ATF MD-3 (55G) ATFDEX-55G $11.99/gal
CHEVRON ATF MD-3 (55G) ATFDEX-55G
CHEVRON ATF MD-3 (BKO) ATFDEX-BKO
CHEVRON ATF MD-3 (C12) ATFDEX-C12 $15.59/gal
CHEVRON DELO SYN HD ATF (55G) DELATFHD-55G $28.90/gal
CHV 1000 THF (55G) TRAHYD-55G $16.99/gal
CHV 1000 THF (BKO) TRAHYD-BKO $15.99/gal
CHV 1000 THF (BKO) TRAHYD-BKO $15.99/gal
CHV DELO GREASE EP NLGI 2 (C14) DG2-C14 $4.25/lb. New name CHV Starplex EP 2 CHV DELO TORQFORCE SAE 30 (5G ) TORQFORC30-5G $14.99/gal CHV DELO TORQFORCE SAE 30 (5G ) TORQFORC30-5G $14.99/gal CHV HAV PRODS SYN 5W30 GF6 SP (55G) HAVPRO530-55G $15.99/gal CHV HAV PRODS SYN 5W30 GF6 SP (55G) HAVPRO530-55G $15.99/gal CHV HYDRAULIC OIL AW 32 (55G) HYD32-55G $11.99/gal
CHV HYDRAULIC OIL AW 68 (5G ) HYD68-5G $12.99/gal
CHV HYDRAULIC OIL AW46 (55G) HYD46-55G $11.99/gal
CHV STARPLEX EP 2 (PL5) STARPLEX2-PL5 $4.35/lb.

CHV STARPLEX EP 2 (QTB) STARPLEX2-QTB $4.05/lb.

CHV STARPLEX EP 2 (QTB) STARPLEX2-QTB $4.05/lb.

Price List Hunt Oil of California
#23..
- 1456 -
CHV STARPLEX EP 2 (QTB) STARPLEX2-QTB $4.05/lb.

CHV SUP SYN BLEND 5W20 MO GF6 (55G) SUP520-55G $11.99/gal CHV SUP SYN BLEND 5W30 MO GF6 (55G) SUP530-55G $11.99/gal CHV SUPREME MO 10W30 GF5+SN+ (55G) SUPGF4130-55G $11.99/gal CHV SUPREME MO 10W30 GF5+SN+ (55G) SUPGF4130-55G $11.99/gal CRYSTAL BAR & CHAIN (55G) BARCHAIN-55G $9.99/gal
DELO ESI HD GREASE EP 2 (C14) DELESIHDG2-C14 $4.49/lb. New name CHV Starplex HD 2 DELO ESI HD GREASE EP 2 (NR4) DELESIHDG2-NR4 $4.05/lb. New name CHV Starplex HD 2 DELO ESI HD GREASE EP 2 (PL5) DELESIHDG2-PL5 $4.49/lb. New name CHV Starplex HD 2 DELO ESI HD GREASE EP 2 (QTB) DELESIHDG2-QTB $4.39/lb. New name CHV Starplex HD 2 DELO ESI HD GREASE EP 2 (QTB) DELESIHDG2-QTB $4.39/lb. New name CHV Starplex HD 2 DELO ESI HD GREASE EP 2 (QTB) DELESIHDG2-QTB $4.39/lb. New name CHV Starplex HD 2 DELO GEAR EP 5 SAE 85W140 (RD4) DELEP5140-RD4 $2.99/lb.

DELO GEAR EP-5 SAE 80W90 (RD4) DELEP5890-RD4 $2.99/lb.

DELO GEAR LUBRICANT ESI 85-140 (RD4) DELO140-RD4 $2.99/lb.

DIESEL EXHAUST FLUID (55G) DEF-55G $3.99/gal
DIESEL EXHAUST FLUID (55G) DEF-55G $3.99/gal
DIESEL EXHAUST FLUID (55G) DEF-55G $3.99/gal
DIESEL EXHAUST FLUID (55G) DEF-55G $3.99/gal
DIESEL EXHAUST FLUID (55G) DEF-55G $3.99/gal
DIESEL EXHAUST FLUID (BKO) DEF-BKO $2.39/gal
DIESEL EXHAUST FLUID (BKO) DEFVB-BKO $2.39/gal
DIESEL EXHAUST FLUID (BKO) DEF-BKO $2.39/gal
DIESEL EXHAUST FLUID (BKO) DEFVB-BKO $2.39/gal
DIESEL EXHAUST FLUID (BKO) DEF-BKO $2.39/gal
DIESEL EXHAUST FLUID (BKO) DEFVB-BKO $2.39/gal
DIESEL EXHAUST FLUID (E25) DEF-E25 $13.99/case
DIESEL EXHAUST FLUID (E55) DEF-E55 $13.99/case
DIESEL EXHAUST FLUID (E55) DEF-E55 $13.99/case
DIESEL EXHAUST FLUID (E55) DEFVB-E55 $13.99/case
DIESEL EXHAUST FLUID (E55) DEF-E55 $13.99/case
DIESEL EXHAUST FLUID (E55) DEFVB-E55 $13.99/case
DIESEL EXHAUST FLUID (E55) DEF-E55 $13.99/case
DRUM DEPOSIT (EA ) DRUMS-EA $20
DRUM DEPOSIT (EA ) DRUMS-EA $20
DRUM DEPOSIT (EA ) DRUMS-EA $20
DRUM DEPOSIT (EA ) DRUMS-EA $20
DRUM DEPOSIT (EA ) DRUMS-EA $20
DRUM DEPOSIT (EA ) DRUMS-EA $20
DRUM DEPOSIT (EA ) DRUMS-EA $20
DRUM ENVIRONMENTAL CLEAN. FEE (EA ) DRCLEAN-EA $15
DRUM ENVIRONMENTAL CLEAN. FEE (EA ) DRCLEAN-EA $15
DRUM ENVIRONMENTAL CLEAN. FEE (EA ) DRCLEAN-EA $15
DRUM ENVIRONMENTAL CLEAN. FEE (EA ) DRCLEAN-EA $15
#23..
- 1457 -
DRUM ENVIRONMENTAL CLEAN. FEE (EA ) DRCLEAN-EA $15
DRUM ENVIRONMENTAL CLEAN. FEE (EA ) DRCLEAN-EA $15
DRUM ENVIRONMENTAL CLEAN. FEE (EA ) DRCLEAN-EA $15
FM CHAIN OIL 100 (5G) FMCHN100-5G $10.50/gal
FM HYDRAULIC OIL 32 (55G) FM32-55G $31.90/gal
FUCHS FM GREASE CSC EP2 (20P) FMCSC2-20P $290/20P
FUCHS FM GREASE CSC EP2 (C14) FMCSC2-C14 $15.50/lb.

FUCHS FM GREASE CSC EP2 (PL5) FMCSC2-PL5 $14.50/lb.

HAVOLINE 2-CYCLE ENGINE OIL (C12) HAVTWOCYC-C12 $28.60/gal HEAT TRANSFER OIL 46 (55G) HT46-55G $19.50/gal
MUSKET DEF (55G) DEFM-55G $3.95/gal
MUSKET DEF (55G) DEFM-55G $3.95/gal
MUSKET DEF (55G) DEFM-55G $3.95/gal
MUSKET DEF (55G) DEFM-55G $3.95/gal
MUSKET DEF (55G) DEFM-55G $3.95/gal
MUSKET DEF (55G) DEFM-55G $3.95/gal
MUSKET DEF (E25) DEFM-E25 $13.99/case
MUSKET DEF (E55) DEFM-E55 $13.99/case
MUSKET DEF (E55) DEFM-E55 $13.99/case
P66 MULTIPLEX 220 #2 (C14) MLPLXRD2-C14 $4.49/lb. CHV Starplex EP 2 P66 MULTIPLEX 220 #2 (NR4) MLPLXRD2-NR4 $4.05/lb. CHV Starplex EP 2 P66 MULTIPLEX FS 100 EP2 (C14) MLPX100FS2-C14 $9.50/lb.

P66 MULTIPURPOSE R&O 68 (55G) MLTRO68-55G $17.99/gal CHV Regal R&O 68 P66 SHIELD CHOICE 10W30 (55G) SUSYN130-55G $10.99/gal CHV Supreme MO 10W30 P66 SYNCON R&O 150 (55G) SYNCON150-55G $32/gal CHV Cetus HiperSyn 150 P66 SYNCON R&O 68 (55G) SYNCON68-55G $28.50/gal CHV Cetus HiperSyn 68 P66 SYNCON R&O 68 (55G) SYNCON68-55G $29.50/gal
P66 SYNCON R&O 68 (5G ) SYNCON68-5G $31.50/gal CHV Cetus HiperSyn 68 P66 SYNCON R&O OIL 220 (55G) SYNCON220-55G $29.50/gal CHV Cetus HiperSyn 220 P66 SYNCON R&O OIL 220 (5G ) SYNCON220-5G $31.50/gal CHV Cetus HiperSyn 220 P66 TRITON HD ATF (55G) ATFTRI-55G $28.9/gal CHV DELO SYN ATF HD P66 TRITON HD ATF (55G) ATFTRI-55G $28.9/gal CHV DELO SYN ATF HD P66 TRITON HD ATF (5G ) ATFTRI-5G $30.50/gal
P66 TURBINE OIL 68 (5G ) TURB68-5G $20.00/gal
PENRAY FUEL PREP 1000 (5G ) SP1000-5G
PH 66 TRITON/MULTIPLEX FS 100 (8P ) MPLXFS100-8P $9.50/lb.

ULTRA DUTY HD 2 (NR4) ULTRA2-NR4 $4.05/lb.

ULTRA DUTY HD 2 (PL5) ULTRA2-PL5 $4.49/lb.

ULTRA DUTY HD 2 (QTB) ULTRA2-QTB $43.9/lb.

VAL ALLTERRAIN 15W40 CK4 HDMO (55G) VAT1540-55G $12.99/gal CHV URSA Spr+ 15W40 VAL ALLTERRAIN 15W40 CK4 HDMO (BKO) VAT1540-BKO $11.99/gal CHV URSA Spr+ 15W40 VAL ALLTERRAIN 15W40 CK4 HDMO (BKO) VAT1540-BKO $11.99/gal ZEREX HD EXT LIFE 50/50 AFC (55G) VZEXTRTU-55G $8.99/gal ZEREX HD EXT LIFE 50/50 AFC (55G) VZEXTRTU-55G $8.99/gal #23..
- 1458 -
ZEREX HD EXT LIFE 50/50 AFC (C6 ) VZEXTRTU-C6 $9.99/gal ZEREX ORIGINAL 50/50 AFC (C6 ) VZORGRTU-C6 $7.99/gal
ZX HD ELC 50/50 NITRITE FREE (55G) VZHDNITF50-55G $9.99/gal ZX HD ELC 50/50 NITRITE FREE (55G) VZHDNITF50-55G $9.99/gal ZX HD ELC 50/50 NITRITE FREE (55G) VZHDNITF50-55G $9.99/gal ZX HD ELC 50/50 NITRITE FREE (55G) VZHDNITF50-55G $9.99/gal ZX HD ELC 50/50 NITRITE FREE (BKO) VZHDNITF50-BKO $9.99/gal ZX HD ELC 50/50 NITRITE FREE (C6 ) VZHDNITF50-C6 $10.99/gal ZX HD ELC 50/50 NITRITE FREE (C6 ) VZHDNITF50-C6 $10.99/gal #23..
- 1459 -

FINANCIAL INTEREST DISCLOSURE
Any contract award therewith will require approval by a majority vote of the City of Modesto’s City Council.

In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Vendor until all person with a direct or indirect financial interest of greater than $2,000 in the Vendor are identified by name.

Vendor must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Vendor shall identify any person with a financial interest in the Vendor by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Vendor less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Vendor meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Vendor is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
#23..
- 1460 -
Print Names of Persons Having a Financial Interest in Vendor Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Vendor Signatory:

Signature of Vendor Representative:
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
#23..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 14, 2026
Date: June 23, 2026
TO: City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Agreement with IEH-JL Analytical for Laboratory Testing Services CONTACT: Manuel Martinez, Water Division Manager, [email protected], 209-342-4592
DESCRIPTION:

Consider approving an Agreement for the furnishing of Analytical Laboratory Testing Services for Drinking Water to Institute for Environmental Health, Inc., dba IEH-JL Analytical, Modesto, CA for a total amount not to exceed $217,970 over five (5) years. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto 2025-2026 Strategic Plan Initiatives, Goal D:

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

BACKGROUND:

The Utilities Department, Water Division is requesting a local Environmental Laboratory Accreditation Program (ELAP) and/or National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory for drinking water sample testing on an “as needed basis” throughout the year, to conduct various tests of drinking water samples.

The results from the tests are reported to the State Water Resources Control Board. Due to the complexity and time sensitivity for sampling of the City’s water system such as short hold times, monitoring and the need for sampling to be performed seven (7) days per week throughout the day or night by staff, the City is requiring laboratory services to be within a 20-mile radius from the City of Modesto Northeast Corporation Yard located at 4240 Litt Road. As part of this bid, no subcontracting of water quality results will be allowed. The awarded laboratory will be used concurrently with the City’s existing contract.
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City Council, July 14, 2026
Agreement with IEH-JL Analytical for Laboratory Testing Services

On October 27, 2020, by Resolution No. 2020-440, Council authorized the award of bid and Agreement for the furnishing of Laboratory Testing Services to Institute for Environmental Health, Inc., dba IEH-JL Analytical (IEH-JL Analytical) for a total amount not to exceed $263,480 over five (5) years.

On December 14, 2022, the City Manager approved the First Amendment to Agreement No. 191604 with IEH-JL Analytical, extending the term of the Agreement through Year Three (3) and updating the Agreement pricing. On December 1, 2023, the City Manager approved the Second Amendment to the Agreement, extending the term through Year Four (4). On December 2, 2024, the City Manager approved the Third Amendment to Agreement No. 191604, extending the term through Year Five (5). On December 18, 2025, the City Manager approved the Fourth Amendment to Agreement No. 191604, extending the term through June 30, 2026, and updating the Agreement pricing.

On April 15, 2026, the City Manager approved the Fifth Amendment to Agreement No. 191604, extending the term through August 31, 2026, and updating the Agreement.

DISCUSSION:

On November 17, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for Analytical Laboratory Testing for Drinking Water. On January 27, 2026, the Purchasing Division issued Invitation for Bids (IFB) 00065 for Analytical Laboratory Testing Services for Drinking Water on the City’s OpenGov public bidding website under several category codes1. 4,326 prospective bidders, including 47 local vendors, were notified online and via email of the bid opportunity. 31 companies downloaded the IFB document from OpenGov and three (3) were local vendors.

On March 3, 2026, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. One (1) bidder, also being a local vendor, chose to respond.

City staff contacted potential bidders to inquire about their reasons for not submitting a bid, and most indicated that they were unable to meet the 20-mile radius requirement specified in the IFB. Based on providing the lowest responsive and responsible bid, City staff recommends the award of Bid and Agreement for Analytical Laboratory Testing Services for Drinking Water to Institute for Environmental Health, Inc., dba IEH-JL Analytical, Modesto, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual amount of $40,600 and a total amount not to exceed $217,970 over five (5) years.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material equipment, or contractual services to follow the formal bid procedures. An award of Bid and Agreement for the furnishing of Analytical Laboratory Testing Services for Drinking Water for the Utilities Department to IEH-JL Analytical, 1 90783 Testing Services, 91812 Analytical/Predictive Studies and Surveys (Consulting), 92685 Soil, Soil Vapor, and Groundwater Sampling and Analysis (including Disposal), 96148 Laboratory and Field Testing Services (Not Otherwise Classified), Including Hazardous Waste, 98900 Sampling and Sample Preparation Services (For Testing), 98991 Water Sampling and Analysis Services
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City Council, July 14, 2026
Agreement with IEH-JL Analytical for Laboratory Testing Services

Modesto, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and IEH-JL Analytical was the lowest responsive bidder.

FISCAL IMPACT:

The anticipated cost of $217,970 will be absorbed within the current Utilities Department, Water Fund: 4100-45050. Funds have been budgeted in the current operating budget for Fiscal Year 2026-27.

Current Expenditures:

Agreement #191604 Contract Years (CY) Expenditures
CY 1: 01.01.21 – 12.31.21 $ 17,230
CY 2: 01.01.22 – 12.31.22 $ 19,404
CY 3: 01.01.23 – 12.31.23 $ 22,349
CY 4: 01.01.24 – 12.31.24 $ 28,536
CY 5: 01.01.25 – 12.31.25 $ 27,518
CY 6: 01.01.26 – 06.30.26 (as of 04.06.26) $ 7,063
Total Expenditures $122,100
Anticipated Expenditures:

New Agreement Contract Year Amount
Contract Year 1 $ 40,600
Contract Year 2 $ 40,600
Contract Year 3 (+5.8% CPI Increase) $ 43,020
Contract Year 4 (+5.8% CPI Increase) $ 45,550
Contract Year 5 (+5.8% CPI Increase) $ 48,200
Total Not To Exceed $217,970
The overall agreement total was calculated by forecasting Consumer Price Index (CPI) percentage increases based on an average of the CPI index over the last twelve (12) months. City staff project annual increases based on this estimated forecast. Annual increases will be calculated using the current CPI index at the time of the requested increase.

The new bid submittal for the upcoming agreement term reflects an estimated annual cost of $59,010 which is a 12% increase over the existing agreement. This contract provides on-call services, including water sampling that is performed on an as-needed basis and reported to the State Water Resources Control Board. While usage varies from year to year, projected expenditures were based on historical usage and anticipated operational needs, so the Water Division has requested an estimated annual amount that is 31% lower ($40,600 vs $59,010) than the bid amount to more accurately reflect projected expenditures.
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City Council, July 14, 2026
Agreement with IEH-JL Analytical for Laboratory Testing Services

COMMITTEE RECOMMENDATION:

This item was considered by the Finance Committee at the June 22, 2026 meeting, where it was recommended that it be forwarded to Council.

CEQA/NEPA REQUIREMENTS:

This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement for Analytical Laboratory Testing for Drinking Water services to Institute for Environmental Health, Inc., dba IEH-JL Analytical, Modesto, CA for a two (2) year Agreement with three (3) one-year extension options, for an estimated annual amount of $40,600 and a total not to exceed $217,970 over five (5) years, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

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

1. Resolution

2. Agreement - IEH-JL Analytical

3. Bid Submittal, Financial Interest Disclosure, Levine Act Form - IEH-JL Analytical

4. IFB-00065 - Lab Testing Services for Drinking Water

5. Pricing - IEH-JL Analytical

6. Insurance Requirements - IEH-JL Analytical
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07/14/2026/Utilities/MMartinez/Item X 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING AN AGREEMENT FOR ANALYTICAL

LABORATORY TESTING FOR DRINKING WATER SERVICES TO INSTITUTE FOR ENVIRONMENTAL HEALTH, INC., DBA IEH-JL ANALYTICAL,
MODESTO, CA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONEYEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT OF $40,600 AND A TOTAL NOT TO EXCEED $217,970 OVER FIVE (5) YEARS,

AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO

EXECUTE THE AGREEMENT
WHEREAS, the Utilities Department, Water Division is requesting a local Environmental Laboratory Accreditation Program (ELAP) and/or National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory for drinking water sample testing on an “as needed basis” throughout the year, to conduct various tests of drinking water samples; and
WHEREAS, due to the complexity and time sensitivity for sampling of the City’s water system such as short hold times, monitoring and the need for sampling to be performed seven (7) days per week throughout the day or night by staff, the City is requiring laboratory services to be within a 20-mile radius from the City of Modesto Northeast Corporation Yard located at 4240 Litt Road.

As part of this bid, no subcontracting of water quality results will be allowed; and WHEREAS, on January 27, 2026, the Purchasing Division issued Invitation for Bids (IFB) 00065 for Analytical Laboratory Testing Services for Drinking Water on the City’s OpenGov public bidding website under several category codes associated with analytical laboratory testing services for drinking water; and
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07/14/2026/Utilities/MMartinez/Item X 2 2026-XX
WHEREAS, on March 3, 2026, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream; and WHEREAS, one (1) company chose to respond, also being a local vendor, and the bid was deemed responsive and responsible; and
WHEREAS, based on providing the overall lowest responsive and responsible bid, City staff recommends the award for Analytical Laboratory Testing Service for Drinking Water for the Water division to Institute for Environmental Health Inc., dba IEH- JL Analytical, Modesto, CA, for an estimated annual amount of $40,600; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment or contractual services to follow formal bid procedures and an award of Bid and Agreement for the furnishing of Analytical Laboratory Testing Services for Drinking Water for the Utilities Department to IEH-JL Analytical, Modesto, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and IEH-JL Analytical was the lowest responsive bidder.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid for the furnishing of Analytical Laboratory Testing Service for Drinking Water services to Institute for Environmental Health Inc., dba IEH- JL Analytical, Modesto, CA, for a two (2) year agreement with three (3) one-year extension options, for an estimated annual cost of $40,600 and a total not to exceed $217,970 over five (5) years. #24..
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07/14/2026/Utilities/MMartinez/Item X 3 2026-XX
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement in a form approved by the City Attorney.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 14th day of July 2026, by Councilmember XXX who moved its adoption, which motion being duly seconded by Councilmember XXX was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:___________________________

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

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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1 ANNUAL AGREEMENT FOR
ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER – AGREEMENT #322261
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 2026, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Institute for Environmental Health, Inc. d/b/a IEH-JL Analytical, a California corporation, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for the furnishing of Analytical Laboratory Testing Services for Drinking Water to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the furnishing of Analytical Laboratory Testing Services for Drinking Water as described in IFB-00065, attached hereto as Exhibit “C” and made a part hereof (hereinafter called IFB).

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

1. THE WORK:

A. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT.

B. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. #24..
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2 C. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.

D. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.

E. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount of $40,600. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $217,970. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit "B".

F. The AGREEMENT pricing is attached hereto as Exhibit "E". Pricing during AGREEMENT Year one and two shall be as set forth in Exhibit "E", attached hereto and made a part hereof by this reference.

2. CITY REPRESENTATIVE:

CITY Representative is: Jeremy Parnell, [email protected] Purchasing Representative: Armando Fabro, [email protected] The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.

3. CONTRACTOR CONTACT:

Pete Mostoufi
(209) 538 - 8111
[email protected]

4. TERM OF AGREEMENT:

The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: September 1, 2026 through August 31, 2027
Year 2: September 1, 2027 through August 31, 2028
Year 3: September 1, 2028 through August 31, 2029
Year 4: September 1, 2029 through August 31, 2030
Year 5: September 1, 2030 through August 31, 2031
Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be #24..
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3 submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. INSURANCE REQUIREMENTS:

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

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 by Net 30 terms via CITY's ePay Program.

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 322261
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax and total

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, #24..
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4 judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW:

Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.

9. ATTORNEY'S FEES:

If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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:

A. Proofs of insurance (approved by CITY Risk Manager); and B. Resolution No.2026 - _______;
C. CONTRACTOR Bid submittal;
D. IFB-00065;
E. Contractor’s City of Modesto business license

11. TERMINATION OF SERVICES:

Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
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5 Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.

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

A. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
B. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
C. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; D. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; E. Settle outstanding liabilities and claims, subject to the approval of CITY; F. Complete performance of such part of the SERVICES as has not been terminated; G. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; H. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.

I. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

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

K. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; #24..
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6 L. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH ALL LAWS:

CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

13. FAILURE TO PERFORM SATISFACTORY WORK:

It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:

A. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
B. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
C. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

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 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. #24..
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7 16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES:

If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES:

Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: IEH - JL Analytical
Attention: Pete Mostoufi
4100 Bangs Ave
Modesto, CA 95356
(209) 538 - 8111
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Armando Fabro
P.O. Box 642
Modesto, CA 95353
(209) 577-5405 [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

18. SIGNATORY(IES) FOR CONTRACTOR:

Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

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. #24..
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8 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.

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. #24..
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9 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.

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 “A” and “B”, 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. #24..
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10 29. WAIVER:

The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

30. HEADINGS NOT CONTROLLING:

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

31. MISCELLANEOUS:

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

32. ENTIRE AGREEMENT:

This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

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.

IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 2026 - _______, adopted by the Council of the City of Modesto on the 14th day of July, 2026 and Institute for Environmental Health, Inc. d/b/a IEH-JL Analytical has caused this Agreement to be duly executed.
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Institute of Environmental Health, Inc. dba IEH-JL Analytical 4100 Bangs Ave.

Modesto, CA 95356
12/9/2027
12/10/2025
3130

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM

CERTIFICATE OF

ENVIRONMENTAL LABORATORY ACCREDITATION
Is hereby granted to
Scope of the certificate is limited to the
“Fields of Accreditation”
which accompany this Certificate.

Continued accredited status depends on compliance with applicable laws and regulations, proficiency testing studies, and payment of applicable fees.

This Certificate is granted in accordance with provisions of Section 100825, et seq. of the Health and Safety Code.

Certificate No.:

Expiration Date:

Effective Date:

Sacramento, California
subject to forfeiture or revocation
__________________________________________________
Christine Sotelo, Program Manager
Environmental Laboratory Accreditation Program
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Institute of Environmental Health, Inc. dba IEH-JL Analytical Modesto, CA 95356

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM
Fields of Accreditation
Certificate Number: 3130
Phone: 2095388111
Expiration Date: 12/9/2027 4100 Bangs Ave.

Field of Accreditation:101 - Microbiology of Drinking Water 101.010 001 Heterotrophic Bacteria SM 9215 B
101.020 004 Total Coliform (Enumeration) SM 9221 B,C
101.020 005 Fecal Coliform (Enumeration) SM 9221 B,E
101.020 006 E. coli (Enumeration) SM 9221 B,F
101.050 001 Total Coliform P/A SM 9223 B Colilert
101.050 002 E. coli P/A SM 9223 B Colilert
101.050 003 Total Coliform (Enumeration) SM 9223 B Colilert 101.050 004 E. coli (Enumeration) SM 9223 B Colilert
Field of Accreditation:102 - Inorganic Chemistry of Drinking Water 102.030 003 Chloride EPA 300.0
102.030 005 Fluoride EPA 300.0
102.030 006 Nitrate (as N) EPA 300.0
102.030 007 Nitrite (as N) EPA 300.0
102.030 008 Phosphate,Ortho (as P) EPA 300.0
102.030 009 Sulfate (as SO4) EPA 300.0
102.100 001 Alkalinity SM 2320 B-1997
102.130 001 Specific Conductance SM 2510 B-1997
102.140 001 Residue, Filterable TDS SM 2540 C-1997
102.203 001 Hydrogen Ion (pH) SM 4500-H+ B-2000
Field of Accreditation:107 - Microbiological Methods for Non-Potable Water and Sewage Sludge 107.050 001 Total Coliform (Enumeration) SM 9221 B-2014 107.052 001 Fecal Coliform (Enumeration) SM 9221 E-2014 107.054 001 E. coli (Enumeration) SM 9221 F-2014
107.068 001 E. coli (Enumeration) SM 9223 B-2016 Colilert Field of Accreditation:108 - Inorganic Constituents in Non-Potable Water 108.017 002 Chloride EPA 300.0
108.017 003 Fluoride EPA 300.0
108.017 004 Nitrate (as N) EPA 300.0
108.017 005 Nitrate-Nitrite (as N) EPA 300.0
108.017 006 Nitrite (as N) EPA 300.0
108.017 007 Phosphate,Ortho (as P) EPA 300.0
108.017 008 Sulfate (as SO4) EPA 300.0
108.053 002 Oil & Grease, Total Recoverable EPA 1664 B
As of 12/10/2025, this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 1 of 2 #24..
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Certificate Number: 3130
Expiration Date: 12/9/2027
Institute of Environmental Health, Inc. dba IEH-JL Analytical 108.063 001 Alkalinity SM 2320 B-2011
108.069 001 Specific Conductance SM 2510 B-2011
108.070 001 Residue, Total SM 2540 B-2015
108.072 001 Residue, Filterable TDS SM 2540 C-2015
108.074 001 Residue, Non-filterable TSS SM 2540 D-2015
108.076 001 Residue, Volatile SM 2540 E-2015
108.076 002 Residue, Fixed Filterable (FDS) SM 2540 E-2015 108.078 001 Residue, Settleable SM 2540 F-2015
108.137 001 Hydrogen Ion (pH) SM 4500-H+ B-2011
108.139 001 Ammonia (as N) SM 4500-NH3 C-2011
108.139 002 Kjeldahl Nitrogen,Total (as N) SM 4500-NH3 C-2011 108.174 001 Oxygen, Dissolved SM 4500-O G-2016
108.206 001 Biochemical Oxygen Demand SM 5210 B-2016
108.206 002 Carbonaceous BOD SM 5210 B-2016
108.213 001 Chemical Oxygen Demand SM 5220 D-2011
108.325 001 Chemical Oxygen Demand Hach 8000
Field of Accreditation:126 - Microbiological Methods for Ambient Water 126.031 001 E. coli (Enumeration) EPA 1604 Enumeration
126.102 001 Total Coliform (Enumeration) SM 9221 B-2014 126.104 001 Fecal Coliform (Enumeration) SM 9221 E-2014 126.106 001 E. coli (Enumeration) SM 9221 F-2014
126.120 001 E. coli (Enumeration) SM 9223 B-2016 Colilert As of 12/10/2025, this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 2 of 2 #24..
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FINANCIAL INTEREST DISCLOSURE
Any contract award to result from this IFB process and Bidder’s submission of a Bid therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Bidder until all person with a direct or indirect financial interest of greater than $2,000 in the Bidder are identified by name.

Bidder must therefore complete this Financial Interest Disclosure Form, listing by name all parties that have a material financial interest in the agreement, contract or development right.

PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.

Financial Interest Disclosure to City of Modesto
The Bidder shall identify any person with a financial interest in the Bidder by name, below.

For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.

Persons having an aggregate economic interest in the Bidder less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.

Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Bidder meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-10.03(h) are satisfied.

It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Bidder is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application. #24..
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Print Names of Persons Having a Financial Interest in Bidder Receiving this Agreement:

First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.

Bidder Company Name:

Name of Bidder Signatory:

Signature of Bidder Representative:
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BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).

The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Company History Overview Statement Beginning Here:
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Dr. Mansour Samadpour and Dalia Alfi are the
Group. Dalia and Mansour are both microbiologists, and graduates of the University of Washington. Mansour joined the faculty in the school of public he most of the major U.S. outbreaks and recalls since Jack in the Box in 1993.

In 2001, following years of work in public health and environmental microbiology, as well as the epidemiology of foodborne outbreaks, Mansour and
starting their company came from the realization that it is far more productive to work with food companies to enhance and monitor their food safety programs and prevent outbreaks, than to wait for crises to happen and tr
company allowed them to prevent and respond more effectively to foodborne outbreaks, meet industry needs and move the field of food safety forward.

IEH partners with food companies to implement p
risks. We provide routine analytical support to the food industry through consultation, testing services, and regulatory support. We specialize in risk management, and implement programs proven to ensure strong food safety and quality standards, to prevent people from getting sick from food.

We are a privately held, family owned company and
organically and through acquisitions.
scientists, laboratory analysts, food safety experts and consultants, and support staff.

We operate over 100 laboratories
England, Austria, Australia, China, and the Netherlands.

Our team of highly experienced
implement testing programs.

We are a technical, innovative company, with over
than 80 research publications.

We manufacture and distribute
devices through our partner companies.

Our contribution to public health and food safety is featured in Company and Bloomberg.

Please visit IEH Laboratories & Consulting Group
Food Safety Laboratories for additional information.
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IEH History
Dr. Mansour Samadpour and Dalia Alfi are the founders of IEH Laboratories and Consulting Dalia and Mansour are both microbiologists, and graduates of the University of Washington. Mansour joined the faculty in the school of public health. He has most of the major U.S. outbreaks and recalls since Jack in the Box in 1993.

In 2001, following years of work in public health and environmental microbiology, as well as the epidemiology of foodborne outbreaks, Mansour and Dalia started IEH. starting their company came from the realization that it is far more productive to work with food companies to enhance and monitor their food safety programs and prevent outbreaks, than to wait for crises to happen and try to detect them after they have occurred. company allowed them to prevent and respond more effectively to foodborne outbreaks, meet industry needs and move the field of food safety forward.

IEH partners with food companies to implement proactive approaches to manage food safety We provide routine analytical support to the food industry through consultation, testing services, and regulatory support. We specialize in risk management, and implement programs d safety and quality standards, to prevent people from getting sick We are a privately held, family owned company and have grown rapidly since 2001, both organically and through acquisitions. Our success is fueled by the dedication of our team scientists, laboratory analysts, food safety experts and consultants, and support staff. laboratories across the United States, Canada, Mexico, Germany, England, Austria, Australia, China, and the Netherlands. perienced food safety consultants work directly with clients to design and implement testing programs.

We are a technical, innovative company, with over 50 approved and pending patents 80 research publications.

We manufacture and distribute test kits, pathogen detection systems, and sampling through our partner companies.

Our contribution to public health and food safety is featured in the NY Times, CNN, Fast IEH Laboratories & Consulting Group – The Institute for Environmental Health for additional information.
founders of IEH Laboratories and Consulting
Dalia and Mansour are both microbiologists, and graduates of the University of alth. He has been involved in
In 2001, following years of work in public health and environmental microbiology, as well as the The motivation for
starting their company came from the realization that it is far more productive to work with food companies to enhance and monitor their food safety programs and prevent outbreaks, than to y to detect them after they have occurred. Having their own company allowed them to prevent and respond more effectively to foodborne outbreaks, meet roactive approaches to manage food safety
We provide routine analytical support to the food industry through consultation, testing services, and regulatory support. We specialize in risk management, and implement programs d safety and quality standards, to prevent people from getting sick have grown rapidly since 2001, both
Our success is fueled by the dedication of our team of
scientists, laboratory analysts, food safety experts and consultants, and support staff. across the United States, Canada, Mexico, Germany,
work directly with clients to design and
50 approved and pending patents and more
pathogen detection systems, and sampling
the NY Times, CNN, Fast
The Institute for Environmental Health –
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BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, terms and conditions in conformance with the specifications and requirements set forth in this IFB.

Notwithstanding any other provisions of this IFB, Bidder warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Bid shall be on the most suitable grade and meet or exceed the standards set forth in this IFB. Such warranty shall include the following; performance, workmanship, labor, materials, and Bidder design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Bid, Bidder shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.

All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.

Bidder Company Legal Name: Insert Bidder Logo Here (if existent):

Insert Bidder Warranty Statement Beginning Here:
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IEH Laboratories
Job Description

Document No.

JD003.01
QA Supervisor
Revision Date: 9/10/18
Authority: OPS
Education level: Bachelor’s degree or higher with experience appropriate to specific assigned tasks
Issue Reports: Authorized by Laboratory Manager on individual basis Job Description: In addition to performing the tasks of a microbiologist, chemist or laboratory supervisor, the QA Supervisor oversees the quality assurance program for the entire laboratory by performing a wide variety of tasks, which include, but are not limited to, the following:

Training personnel on the quality system and their role in it and on technical SOPs.

Conducting internal audits.

Investigating complaints and non-conformances or ensuring that it is done.

Developing and implementing corrective actions and writing CAR’s or insuring that it is done.

Stops testing when necessary and authorizes resumption of testing when situation is resolved.

Administers ISO 17025 quality management system.

Maintains document database and issues controlled copies of all documents.

Reviews data and reports for accuracy.

Administers QC sample program (i.e., prepares internal QC samples and submits them for analysis, when required).

Reviews and analyzes QC data and prepares charts. Reports QC results to laboratory management.

Delegates responsibilities of quality program to analysts and/or technicians, if necessary, and trains them on those responsibilities.

Reports any issues that are unresolvable at the laboratory to the next level of quality management.

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IEH Laboratories
Job Description

Document No.

JD003.01
QA Supervisor
Revision Date: 9/10/18
Authority: OPS
Document Revision History
Revision
Date: Revisions Made Revised By
3/20/18 Reformatted E. Kotsides
9/10/18 Added technical SOP training to the responsibilities “

UNCONTROLLED

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IEH Laboratories
Job Description

Document No.

JD004.01
Microbiology Supervisor
Revision Date: 3/30/18
Authority: OPS
Education level: Bachelor’s degree or higher in microbiology or biology, animal or food science, or other related field, with a specialty in microbiology and with experience appropriate to specific tasks assigned.

Issue Reports: Yes
Job Description: The Microbiology Supervisor is responsible for the overall function of the microbiology laboratory and the quality of the work produced. In addition to the requirements and responsibilities of a microbiologist, the supervisor is a member of the WAL management team, which establishes work and quality policies and procedures. The supervisor also
- assigns work;
- reviews and approves worksheets;
- signs reports;
- trains and authorizes microbiologists and technicians; - interacts with clients, as necessary. UNCONTROLLED

WHEN PRINTED
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IEH Laboratories
Job Description

Document No.

JD004.01
Microbiology Supervisor
Revision Date: 3/30/18
Authority: OPS
Document Revision History
Revision
Date: Revisions Made Revised By
3/20/18 Reformatted E. Kotsides

UNCONTROLLED

WHEN PRINTED
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IEH Laboratories
Job Description

Document No.

JD007.01
Chemistry Supervisor
Revision Date: 3/30/18
Authority: OPS
Education level: Bachelor’s degree with at least 3 years of experience in chemistry, food science or a related field and experience relevant to the tasks assigned.

Issue Reports: Yes
Job Description: The Chemistry Supervisor is responsible for the overall function of the chemistry laboratory and the quality of the work produced. In addition to the requirements and responsibilities of a chemist, the supervisor is a member of the management team, which establishes work and quality policies and procedures. The supervisor also:
- assigns work;
- reviews and approves worksheets;
- signs reports;
- trains and authorizes chemists and technicians;
- interacts with clients, as necessary;
- directs quality control and check sample programs;
- plans and performs method development and special projects. UNCONTROLLED

WHEN PRINTED
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IEH Laboratories
Job Description

Document No.

JD007.01
Chemistry Supervisor
Revision Date: 3/30/18
Authority: OPS
Document Revision History
Revision
Date: Revisions Made Revised By
3/20/18 Reformatted E. Kotsides

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IEH Laboratories
Job Description

Document No.

JD001.01
Laboratory Management
Revision Date: 12/10/24
Authority: OPS
Relevant
Positions:

Laboratory Director, Laboratory Manager, Laboratory Coordinator, Laboratory Lead and associated Deputy
Education
Level:
▪ Bachelor's degree or higher with experience appropriate to the assigned tasks. ▪ Successful completion of the IEH ISO 17025 Management Training Course is required.
▪ Promotion from a previous role may be considered based on relevant experience and knowledge.

Duties: Executes all the responsibilities of lab analyst, lab tech, or other employees as needed - as well as the following management responsibilities.
.

Operational
Communication:
▪ Execute all responsibilities as assigned by IEH Corporate Management. ▪ Communicate essential information between lab staff and IEH Operations. ▪ Notify Operations or Account Managers of any client-related changes, emerging needs, complaints, or issues.
▪ Report internal employee issues to HR.
▪ Alert Operations to any irregularities or discrepancies in Standard Operating Procedures (SOPs), samples, or data.

Client
Relationship
Management:
▪ Maintain strong client relationships, ensuring all laboratory activities meet their needs. ▪ Provide consistent communication, address inquiries promptly, and ensure proper follow-up for critical issues, delays, or errors.
▪ Ensure clients always have a contact for any urgent needs via lab phone, email, or on call management.

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IEH Laboratories
Job Description

Document No.

JD001.01
Laboratory Management
Revision Date: 12/10/24
Authority: OPS
Laboratory
Facility
Management:
▪ Maintain the laboratory facility to ensure it is secure, operational, and meets all safety standards.
▪ Identify maintenance needs and coordinate required services for facility upkeep, such as repairs, landscaping, HVAC, waste management, door locks, and security systems. ▪ Maintain laboratory appearance so it is always clean, organized, and professional Laboratory
Equipment &
Consumables:
▪ Ensure the laboratory is equipped with all necessary equipment and consumables that meet specifications for analytical methods.
▪ Verify that routine maintenance and calibration schedules are followed to ensure the validity of SOPs.
▪ Provide support for non-routine repairs and ensure timely ordering of replacement parts. ▪ Assign equipment monitors for periodic checks, and review maintenance and calibration records to address any performance variations.
▪ Maintain inventory and implement a reordering protocol to ensure all materials and consumables are available as needed.

Staff
Scheduling:
▪ Ensures staff schedule is optimized to meet business and client needs, maintaining adequate coverage for peak activity times.
▪ Coordinate schedules appropriately when staff require PTO or holidays, ensuring continuity in meeting client and laboratory needs. This may require Operations coordination for OST support.
▪ Manage staff availability for receiving, reporting, and fulfilling client expectations. ▪ Oversee hiring for replacement and new roles, ensuring compliance with hiring U
procedures and documentation.

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IEH Laboratories
Job Description

Document No.

JD001.01
Laboratory Management
Revision Date: 12/10/24
Authority: OPS
Quality
Management
System:
▪ Ensure all SOPs, Quality Assurance Procedures (QAPs), and training requirements are adhered to by all staff.
▪ Implement, maintain, and enforce the Quality Management System, which includes internal audits, management reviews, corrective actions, and traceability throughout the laboratory.
▪ Verify that validation/verification data is recorded accurately and that all equipment and process validations are completed per SOPs.
▪ Ensure all records, from sample receipt to reporting, are complete, dated, and traceable, with data that is consistent and authentic.

Data Review &
Reporting:
▪ Review all data, including quality control (QC) documentation, to ensure accuracy, completeness, and consistency with laboratory procedures. Validate all calculations, enforcing proper scientific notation, significant figures, and detection limits. Ensure QC documentation adheres to established standards and protocols. Ensure data entries follow correct syntax, grammar, and spelling.
▪ Validate and verify data and ensure the timely preparation of final reports. ▪ Ensure Certificates of Analysis (COAs) include accurate client and laboratory information, method references, and are fully completed.

Management
Position Titles
▪ From decreasing level of responsibility and laboratory operational management, titles are:
- Laboratory Director
- Laboratory Manager
- Laboratory Coordinator
- Laboratory Lead
- Deputy to any position above
- Shift Lead
The following criteria are used to determine appropriate management position title:
laboratory operational scope and complexity, # clients, # departments, # employees, operating hours and # shifts, sample / test volume, scope of testing capability, on site vs. corporate administrative responsibility for client services, accounting, HR, purchasing / procurement, and other departments; level of required corporate oversight, scope of services, annual net revenue managed; knowledge, skills, and abilities.

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IEH Laboratories
Job Description

Document No.

JD001.01
Laboratory Management
Revision Date: 12/10/24
Authority: OPS
Document Revision History
Revision
Date: Revisions Made Revised By
3/20/18 Reformatted E. Kotsides
9/10/18 Added “Training personnel on the quality system and their role in it and on technical SOPs.” “
12/10/24 Updated Logo, changed V.P. or area directors to Operations M. President “ Updated Education requirement “
“ Added IEH 17025 Management Training to Education “
“ Update overall structure and rewording of responsibilities “ 12/10/24 Changed format to table structure, added categories, many additions / clarifications H. Richter UNCONTROLLED

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IEH Organizational Chart
LAB: IEH JL Analytical
Date: 11/20/2025 Pete M
Laboratory Director

IEH CEO
Crystal McNabb
Technical Manager - Cal ELAP
Quality Manager Ernesto Madueno Regional Chromatography Coordinator Leanna Brown Deputy Chromatography Coordinator Chemistry Analysts Lab Technicians
Britney Dundee
Chemistry Coordinator Joe Alves Wet Chemistry Lead
Chemistry Analysts Lab Technicians Loretta Moore Office Administration Manager Sample Administration Trina Raley Courier Services Manager Allen Johnson Courier Services Lead Couriers Ulyses Contreras Microbiology Coordinator
Microbiology Leads
Ariana Holguin
Jennifer Lewis Angelica Macias
Phylicia Santana
Kyle Cruz
Microbiology Analysts Lab Technicians
Melanie Khut Deputy Microbiology Coordinator Deysi Marquez Chromatography Lead Shannon Vidal Sample Receiving Lead 20S00017 v.29 Authorized by: CM 11/20/25
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IEH Organizational Chart
This IEH Organization Chart is intended to comply with ISO/IEC 17025:2017 requirements.

Dalia Alfi
Co-CEO
Mansour Samadpour
Co-CEO
Human Resources
Legal
Account Managers
Consultants/Sales
Purchasing/Equipment
Calibrations
Support Services
Operations
H.Richter, Director of Operations
S.Sanchez, Sr. VP Analytical Services (Chemistry)
Ramon Aboytes, VP Technical Services (Salinas/Yuma)
K.Sanchez, Director of Training Operations
M.President, VP Quality Assurance
Regional Managers
IEH Laboratories
Command Center
FQA023.01-01
Authorized by: OPs
06/05/25
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IEH Laboratories
Job Description

Document No.

JD006.01
Microbiologist
Revision Date: 3/30/18
Authority: OPS
Education level: Bachelor’s degree or higher with experience appropriate to specific assigned tasks
Issue Reports: Authorized by laboratory manager on individual basis Job Description: Microbiologists must consistently exercise their discretion and independent judgment to complete a wide variety of tasks.

These tasks include:
- prioritizing workload;
- preparing media;
- receiving and logging samples into the LIMS;
- preparing samples for analysis (weighing and diluting); - analyzing samples using conventional and molecular
techniques;
- recording results and making necessary calculations;
- evaluating and interpreting data;
- entering results into the LIMS;
- troubleshooting problems;
- performing QC tasks as assigned by the Lab Mgr.;
- decontaminating and disposing of samples;
- cleaning and sanitizing the laboratory;
- trash removal;
U
- and supervising laboratory technicians.

NCONTROLLED

WHEN PRINTED
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IEH Laboratories
Job Description

Document No.

JD006.01
Microbiologist
Revision Date: 3/30/18
Authority: OPS
The microbiologist uses aseptic technique to perform all analytical procedures.

The microbiologist maintains equipment in clean (sterile, if necessary) and operable condition.

The microbiologist may train other personnel, if authorized by the laboratory manager.

The microbiologist interacts with customers, as authorized by the laboratory manager.

UNCONTROLLED

WHEN PRINTED
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IEH Laboratories
Job Description

Document No.

JD006.01
Microbiologist
Revision Date: 3/30/18
Authority: OPS
Document Revision History
Revision
Date: Revisions Made Revised By
3/20/18 Reformatted E. Kotsides

UNCONTROLLED

WHEN PRINTED
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- 1507 -
IEH Laboratories
Job Description

Document No.

JD008.01
Chemist
Revision Date: 3/30/18
Authority: OPS
Education level: Bachelor’s degree or higher or higher in chemistry, food science or a related field and experience appropriate to specific tasks assigned.

Issue Reports: Authorized by Chemistry Supervisor on an individual basis Job Description: Chemists must consistently exercise their discretion and independent judgment to complete a wide variety of tasks. The tasks constantly vary but include:
- prioritizing workload;
- receiving and logging samples into the LIMS;
- preparing samples for analysis
- analyzing samples by conventional or instrumental methods; - recording results and making necessary calculations;
- evaluating and interpreting data;
- troubleshooting problems;
- entering results into the LIMS;
- performing QC tasks as assigned by the Lab or QA Mgrs.; - decontaminating and disposing of samples;
- cleaning and sanitizing the laboratory;
- trash removal;
- supervising student helpers and laboratory technicians.

The chemist may train other personnel, if authorized by the laboratory manager.

The chemist interacts with customers, as authorized by the laboratory manager.

UNCONTROLLED

WHEN PRINTED
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IEH Laboratories
Job Description

Document No.

JD008.01
Chemist
Revision Date: 3/30/18
Authority: OPS
Document Revision History
Revision
Date: Revisions Made Revised By
3/20/18 Reformatted E. Kotsides

UNCONTROLLED

WHEN PRINTED
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- 1509 -
Institute of Environmental Health, Inc. dba IEH-JL Analytical 4100 Bangs Ave.

Modesto, CA 95356
12/9/2027
12/10/2025
3130

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM

CERTIFICATE OF

ENVIRONMENTAL LABORATORY ACCREDITATION
Is hereby granted to
Scope of the certificate is limited to the
“Fields of Accreditation”
which accompany this Certificate.

Continued accredited status depends on compliance with applicable laws and regulations, proficiency testing studies, and payment of applicable fees.

This Certificate is granted in accordance with provisions of Section 100825, et seq. of the Health and Safety Code.

Certificate No.:

Expiration Date:

Effective Date:

Sacramento, California
subject to forfeiture or revocation
__________________________________________________
Christine Sotelo, Program Manager
Environmental Laboratory Accreditation Program
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Institute of Environmental Health, Inc. dba IEH-JL Analytical Modesto, CA 95356

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM
Fields of Accreditation
Certificate Number: 3130
Phone: 2095388111
Expiration Date: 12/9/2027 4100 Bangs Ave.

Field of Accreditation:101 - Microbiology of Drinking Water 101.010 001 Heterotrophic Bacteria SM 9215 B
101.020 004 Total Coliform (Enumeration) SM 9221 B,C
101.020 005 Fecal Coliform (Enumeration) SM 9221 B,E
101.020 006 E. coli (Enumeration) SM 9221 B,F
101.050 001 Total Coliform P/A SM 9223 B Colilert
101.050 002 E. coli P/A SM 9223 B Colilert
101.050 003 Total Coliform (Enumeration) SM 9223 B Colilert 101.050 004 E. coli (Enumeration) SM 9223 B Colilert
Field of Accreditation:102 - Inorganic Chemistry of Drinking Water 102.030 003 Chloride EPA 300.0
102.030 005 Fluoride EPA 300.0
102.030 006 Nitrate (as N) EPA 300.0
102.030 007 Nitrite (as N) EPA 300.0
102.030 008 Phosphate,Ortho (as P) EPA 300.0
102.030 009 Sulfate (as SO4) EPA 300.0
102.100 001 Alkalinity SM 2320 B-1997
102.130 001 Specific Conductance SM 2510 B-1997
102.140 001 Residue, Filterable TDS SM 2540 C-1997
102.203 001 Hydrogen Ion (pH) SM 4500-H+ B-2000
Field of Accreditation:107 - Microbiological Methods for Non-Potable Water and Sewage Sludge 107.050 001 Total Coliform (Enumeration) SM 9221 B-2014 107.052 001 Fecal Coliform (Enumeration) SM 9221 E-2014 107.054 001 E. coli (Enumeration) SM 9221 F-2014
107.068 001 E. coli (Enumeration) SM 9223 B-2016 Colilert Field of Accreditation:108 - Inorganic Constituents in Non-Potable Water 108.017 002 Chloride EPA 300.0
108.017 003 Fluoride EPA 300.0
108.017 004 Nitrate (as N) EPA 300.0
108.017 005 Nitrate-Nitrite (as N) EPA 300.0
108.017 006 Nitrite (as N) EPA 300.0
108.017 007 Phosphate,Ortho (as P) EPA 300.0
108.017 008 Sulfate (as SO4) EPA 300.0
108.053 002 Oil & Grease, Total Recoverable EPA 1664 B
As of 12/10/2025, this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 1 of 2 #24..
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Certificate Number: 3130
Expiration Date: 12/9/2027
Institute of Environmental Health, Inc. dba IEH-JL Analytical 108.063 001 Alkalinity SM 2320 B-2011
108.069 001 Specific Conductance SM 2510 B-2011
108.070 001 Residue, Total SM 2540 B-2015
108.072 001 Residue, Filterable TDS SM 2540 C-2015
108.074 001 Residue, Non-filterable TSS SM 2540 D-2015
108.076 001 Residue, Volatile SM 2540 E-2015
108.076 002 Residue, Fixed Filterable (FDS) SM 2540 E-2015 108.078 001 Residue, Settleable SM 2540 F-2015
108.137 001 Hydrogen Ion (pH) SM 4500-H+ B-2011
108.139 001 Ammonia (as N) SM 4500-NH3 C-2011
108.139 002 Kjeldahl Nitrogen,Total (as N) SM 4500-NH3 C-2011 108.174 001 Oxygen, Dissolved SM 4500-O G-2016
108.206 001 Biochemical Oxygen Demand SM 5210 B-2016
108.206 002 Carbonaceous BOD SM 5210 B-2016
108.213 001 Chemical Oxygen Demand SM 5220 D-2011
108.325 001 Chemical Oxygen Demand Hach 8000
Field of Accreditation:126 - Microbiological Methods for Ambient Water 126.031 001 E. coli (Enumeration) EPA 1604 Enumeration
126.102 001 Total Coliform (Enumeration) SM 9221 B-2014 126.104 001 Fecal Coliform (Enumeration) SM 9221 E-2014 126.106 001 E. coli (Enumeration) SM 9221 F-2014
126.120 001 E. coli (Enumeration) SM 9223 B-2016 Colilert As of 12/10/2025, this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 2 of 2 #24..
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Council Member(s):
___ NO
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual

_____________________________
Company/Applicant Name
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1 INVITATION FOR BIDS (“IFB”) NO. IFB-00065
FOR

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER BIDS DUE: March 3, 2026 before 11:00 am
CITY OF MODESTO CONTACT: Armando Fabro, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 2 Table Of Contents

NOTICE TO BIDDERS

INSTRUCTIONS TO BIDDERS

VIRTUAL BID OPENING

GENERAL BID REQUIREMENTS

BID SUBMITTAL

TECHNICAL SPECIFICATIONS AND REQUIREMENTS

SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE
EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive electronic sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of Analytical Laboratory Testing Services for Drinking Water equipment, materials, supplies and/or related services (the “Services”) for the City of Modesto, Utilities Department, Water Division.

All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City). Bidders are highly recommended to download all IFB documents from the City’s OpenGov Procurement portal at https://procurement.opengov.com/portal/modestogov; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid.

Each Bid shall be submitted electronically through the City's OpenGov Procurement portal prior to 11:00 am on Tuesday, March 3, 2026, after which time Bids will be opened, read and recorded. The opening of bids will not be physically open to the public but may be viewed simultaneously via video conferencing in the manner provided for herein. All Bids shall be available for review following City Council award approval at the Purchasing Division, 1010 Tenth Street, 5th Floor, Suite 5300, Modesto, CA 95354.

Bids will be received only in the manner stated above, and prior to the time indicated. Any Bid received at or after said time and/or date, or in a manner other than stated above cannot be considered.

Bids received in any other format will not be accepted. The City of Modesto assumes no responsibility for delay in the upload of documents or final submittal of the Bid. #24..
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 4 INSTRUCTIONS TO BIDDERS

CALENDAR OF EVENTS
IFB Issued: January 27, 2026
Questions Due via City's OpenGov
Procurement portal:

February 3, 2026, 5:00pm
Addendum Issued (if required): February 10, 2026
Bid Due Date & Time: March 3, 2026, 11:00am
Approximate Contract Award: June 2026

CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted through the Question & Answer area of the City's OpenGov Procurement portal prior to 5:00 pm on Tuesday, February 3, 2026. The City will respond to questions through the OpenGov portal where answers can be found in the Question & Answer tab; however, if a response to a question elicits a change to the bid documents, an addendum will be posted through the OpenGov portal under the Addenda & Notices tab. All contact between Bidder and the City regarding the Bid process shall be through the City Contact. Attempts by the Bidder to contact other City personnel regarding this IFB and associated process may result in disqualification of the Bidder. Notwithstanding the foregoing, information intentionally or unintentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.

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

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

SUBMITTAL OF NO BID
If you are not submitting a Bid, you have the option to submit "No Bid" and state the reason you are not submitting a bid for this particular IFB.
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 5 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 am (Pacific Time) on Tuesday, March 3, 2026. The City Clerk Record of Proposal document should be available on the City's OpenGov Procurement portal by the end of the same day.

The public Bid opening for this Invitation for Bids will be available using the URL link provided below. By submitting your Bid for the above-stated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.

URL: https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2/0?co ntext=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Call-In#: 1 469-998-7409
Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact Armando Fabro. #24..
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 6 GENERAL BID REQUIREMENTS

BID SUBMITTAL
Bidders shall submit electronically through the City's OpenGov Procurement portal. No hard copy bids or bids submitted in any other manner as that prescribed within this IFB will be accepted.

CONFIDENTIAL BIDDER INFORMATION
It is the responsibility of the Bidders to identify information in their Bid submission that they may consider to be confidential under the California Public Records Act. To the extent that the City agrees with that designation, such information will be held in confidence whenever possible. All other information will be considered public.

BIDDER COSTS INCURRED IN RESPONDING TO IFB
All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.

BIDDER EXCEPTIONS
All exceptions taken to this IFB, and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form. Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.

CITY ACCEPTANCE/REJECTION OF IRREGULAR BIDS
An agreement shall be awarded to the Bidder whose Bid most closely satisfies the needs of the City and is deemed the most advantageous to the City. The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.

COMPLETE BID DOCUMENT
The following City of Modesto forms provided with this IFB constitute the makeup of a complete Bid document and shall be signed wherever indicated and be submitted to the City as required by this IFB.

Failure to furnish any of these documents or information required within such documents may result in disqualification of Proposer.
• Pricing Schedule
• Bidder Exceptions, Clarifications, Amendments (if applicable) • Bidder Customer References
• Financial Interest Disclosure
• Support of Local Vendors (if applicable)
• Bidder Company History Statement
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 7 • Bidder Warranty Statements
• Bidder Experience and Certifications
• California Levine Act Disclosure

COMPLIANCE/NON-COMPLIANCE
If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.

PROPOSED PRICING FORMAT
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials. • Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.

AWARD OF BID
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements. • The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 8 SUPPORT OF LOCAL VENDORS
Should the Bidder that submits the lowest responsive Bid or and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-3.204 of the Modesto Municipal Code (MMC) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within 5% of the lowest Bid, whether or not that Bidder is the second lowest Bidder, may be deemed to be the lowest Bidder if the local Bidder agrees to reduce its Bid to match the Bid or quote of the lowest Bidder in writing within five business days after notification by City Purchasing staff, provided that said local Bidder is deemed to be a responsible Bidder as determined by the Purchasing Manager. To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.

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

BIDDER REPRESENTATION
Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work.
• Bidder has made all reasonable investigations essential to a full understanding of the difficulties which may be encountered in performing the work.
• Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith.
• Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein. #24..
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 9 BID PROTEST AND APPEAL PROCEDURES
Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.

Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.

Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses.
• The protest shall be accompanied by a certified cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review. • The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor; b. Identify the protest by name, Invitation for Bid (IFB) or Request for Proposal (RFP) number, and IFB/RFP date;
c. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based;
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 10 d. Include all supporting documentation, if any. Documentation submitted after filing deadline will not be reviewed.
• Bid Protests: A Bidder shall follow, in order, the following steps:
a. Protest to Director of Finance: Upon receipt of a complete and timely protest, the Director of Finance shall review all the submitted materials and shall create and retain a written record of the review. The Director of Finance shall respond at least generally to each material issue raised in the protest not later than ten days after receipt of the protest. Notice of the Director of Finance's decision may be given by letter mailed through U.S. Postal Service.

All protests to the Director of Finance shall either be delivered to:

City Clerk’s Office
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.

Further protest appeals shall either be delivered to:

City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 11 Or mailed to:

City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
c. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than ten days after the date of the Deputy City Manager's decision. The City Clerk will calendar the protest for Council hearing and give notice of the time and place of the hearing as provided in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.

All protest appeals to the City Council shall either be delivered to:

City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:

City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
d. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.

A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.

The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 12 The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn, unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.

The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses.
e. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #24..
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 13 BID SUBMITTAL
Bidder’s submission should include all City of Modesto forms as provided. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. Before submitting the forms, make sure to review the forms to avoid submitting duplicate forms.

ACKNOWLEDGEMENTS
IFB ACKNOWLEDGEMENT*
The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms provided by the City, attached hereto and made a part hereof, this includes any forms for the pricing proposed on the Pricing Schedule.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PREPARATION OF BIDS*
Bidder acknowledges that they have quoted price as specified in Bid. No alterations or changes of any kind shall be permitted to the Pricing Schedule as provided. Responses that do not comply shall be subject to rejection in total.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
TAXES AND FREIGHT CHARGES*
Bidder acknowledges that:

A. Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes.

B. No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid.

C. Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment.

D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 14 By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
AWARD*
Bidder Acknowledges that:

A. Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid.

B. Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.

C. A valid, agreement based on the sample agreement attached to the IFB and the submitted bid shall be provided, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such agreement shall be a binding agreement without further action by either party. The agreement shall be interpreted, construed and given effect in all respects according to the laws of the State of California.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
PATENT INDEMNITY*
Bidder Acknowledges:

Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un-patented invention, article or appliance furnished or used in connection with the contract or purchase order.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
SAMPLES*
Bidder Acknowledges:

Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.

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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 15 ☐ Please confirm
*Response required
RIGHTS AND REMEDIES OF CITY FOR DEFAULT*
Bidder Acknowledges:

A. In the event any item furnished by the Bidder in the performance of the contract or purchase order should fail to conform to the specifications therefore or to the sample submitted by the Bidder with its Bid, the City may reject the same, and it shall thereupon become the duty of the Bidder to reclaim and remove the same forthwith, without expense to the City, and immediately to replace all such rejected items with others conforming to such specifications or samples; provided that should the Bidder fail, neglect or refuse to do so, the City shall thereupon have the right to purchase in the open market, in lieu thereof, a corresponding quantity of any such items. City may deduct from any moneys due or that may there after come due to Bidder, or send an invoice to the Bidder which shall be paid within thirty (30) days, the difference between the prices named in the contract or purchase order and the actual cost thereof to the City. In the event that the Bidder fails to make prompt delivery as specified for any item, the same conditions as to the rights of the City to purchase in the open market and to reimbursement set forth above shall apply, except when delivery is delayed by fire, strike, freight embargo, or Act of God or the government.

B. Cost of inspection or deliveries or offers for delivery, which do not meet specifications, will be borne by the Bidder.

C. The rights and remedies of the City provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
CALIFORNIA GOVERNMENT CODE SECTION 4552*
Bidder Acknowledges:

In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.

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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 16 ☐ Please confirm
*Response required
NO GUARANTEE OR WARRANTY*
Bidder Acknowledges that:

The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required
MINOR IRREGULARITIES*
Bidder Acknowledges that:

The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.

By checking the "please confirm" box below, you acknowledge the above statement. ☐ Please confirm
*Response required

BIDDER COMPANY INFORMATION
BIDDER COMPANY FULL LEGAL NAME*
Please provide the full legal name of the Bidder Company on this bid submittal. It may already be provided elsewhere, but please provide here to confirm.
*Response required
BIDDER COMPANY MARKETPLACE (OR DBA) NAME*
Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm.

NOTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here.
*Response required
TYPE OF LEGAL ENTITY*
Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? #24..
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 17 If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question. ☐ Yes
☐ No
*Response required
When equals "Yes"
TYPE OF LEGAL ENTITY - SELECT*
Please select which of the following legal entity options under which the Bidder Company operates. ☐ Corporation
☐ Limited Liability Company
☐ Partnership
☐ Sole Proprietorship
*Response required
When equals "Yes"
LEGAL ENTITY STATE OF REGISTRATION*
In which State is the Bidder Company registered?
*Response required
When equals "No"
TYPE OF LEGAL ENTITY - OTHER*
You have indicated that the Bidder Company does not operate as a Corporation, a Limited Liability Company, a Partnership, or as a Sole Proprietorship. Please explain and be sure to note which State the Bidder Company is registered/established.
*Response required
BIDDER COMPANY HEADQUARTERS ADDRESS*
Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following:
• Full Street Address
• City
• State
• Country
• Postal Code
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 18 *Response required
BIDDER COMPANY WEBSITE ADDRESS*
Please provide the full company website address for the Bidder Company. *Response required
CONTACT PERSON DETAILS*
Please provide the following information for the Contact person for this bid:
• Name
• Title
• Phone (Office)
• Phone (Mobile)
• Mailing Address (Street Address, City, State, Postal Code) • Fax Number
• Email
*Response required
FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)*
Please provide the Bidder Company's Federal Taxpayer Identification Number here. *Response required

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

BIDDER OFFICER NAMES AND TITLES*
Please provide the Names and Titles of the Top Three Bidder Officers in the following manner:
• Full Name, Full Title
• Full Name, Full Title
• Full Name, Full Title
*Response required
YEARS IN BUSINESS*
For how long has the Bidder Company been in business? Please indicate in number of years. *Response required
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 19 CLOSEST BIDDER OFFICE*
Please provide the address for the Bidder Office closest to the City of Modesto. Please be sure to provide:
• Full Street Address
• City
• State
• Country
• Postal Code
*Response required
CITY OF MODESTO BUSINESS LICENSE*
Does the Bidder Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the bid from potential award as it is not required until the contract begins.
☐ Yes
☐ No
*Response required
When equals "Yes"
CITY OF MODESTO BUSINESS LICENSE NUMBER*
You have indicated that the Bidder Company already possesses a City of Modesto Business License, please provide the business license number here.
*Response required

PRICING SCHEDULE
PRICING SCHEDULE*
Please download the below documents, complete, and upload. • Pricing_Schedule_Form.doc
*Response required
PREPARATION OF PRICING SCHEDULE*
All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid.

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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 20 ☐ Please confirm
*Response required

CITY FORMS
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications?
☐ Yes
☐ No
*Response required
When equals "Yes"
BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS*
Please download the below documents, complete, and upload. • bidder_experience_cert.docx
*Response required
BIDDER CUSTOMER REFERENCES*
Please download the below documents, complete, and upload. • Bidder_Customer_References.pdf
*Response required
FINANCIAL INTEREST DISCLOSURE*
Please download the below documents, complete, and upload. • Financial_Interest_Disclosu...
*Response required
LOCAL VENDOR?*
Is the Bidder a local vendor as defined by the following requirement? To qualify as a local Bidder, the Bidder must have a physical business location within the City of Modesto and a current City of Modesto business license.
☐ Yes
☐ No
*Response required
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 21 When equals "Yes"
SUPPORT OF LOCAL VENDORS*
Please download the below documents, complete, and upload. • Support_of_Local_Vendors.pdf
*Response required
BIDDER COMPANY HISTORY STATEMENT*
Please download the below documents, complete, and upload. • Bidder_Company_History_Stat...
*Response required
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload. • Bidder_Warranty_Statements.pdf
*Response required
BIDDER EXPERIENCE AND CERTIFICATIONS*
Please download the below documents, complete, and upload. • bidder_experience_cert.docx
*Response required
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload. • Modesto_Levine_Act_Statemen...
*Response required

ADDITIONAL BID INFORMATION

ADDITIONAL INFORMATION (IF NEEDED)
For any additional information requested or required by any of your previously provided answers or as stated within this IFB please upload the additional documentation here.

SUBMITTAL CONFIRMATION*
Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal.

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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 22 ☐ Please confirm
*Response required
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 23 TECHNICAL SPECIFICATIONS AND REQUIREMENTS

BACKGROUND
The Utilities Department, Water Division is requesting a drinking water Environmental Laboratory Accreditation Program (ELAP) and/or National Environmental laboratory Accreditation conference (NELAC) certified laboratory for local analytical testing services of drinking water samples on an "as needed basis".

More information about the certifications can be found on the links below. https://www.waterboards.ca.gov/drinking_water/certlic/labs/index.html https://nelac-institute.org/
As part of this bid, no subcontracting will be allowed. The awarded Laboratory shall furnish all labor, materials, test results, equipment (including bottles) and insurance necessary to perform the services outline in the Pricing Schedule and Scope of work.

SCOPE OF WORK
The City of Modesto is requesting bids for local analytical laboratory testing services for drinking water on as needed basis for Colilerts, Quanti Tray, HPCs, and Nitrate as Nitrogen analysis. The City is requiring HPC analysis to be completed through the Pour Plate method Analytical results for Nitrate as nitrogen are to be reported electronically to the State Water Resources Control Board water quality database when requested by the City of Modesto.

Pricing shall include all labor, materials, equipment, tools, fuel, and insurance necessary to do the work.

LOCATION REQUIREMENT
• Due to the complexity and sensitivity of these tests, the City is requiring the awarded laboratory to be within a 20-mile radius from the City of Modesto Northeast Corporation Yard located at 4240 Litt Road.

SERVICE SPECIFICATIONS
• Hold Times for Samples:
o Hold times begin at the time of sample collection. All analyses shall be completed within hold times required by EPA method.
• Sample Containers:
o Sample containers of appropriate size and type, containing the proper preservatives to comply with EPA requirements, shall be included in testing items unit price. Sample containers shall be prelabeled identifying the analyses type and preservative used for the test. • Travel Blanks:
o Analysis of travel blanks, when needed, will be provided at no additional cost to the City. • Field Services:
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 24 o Under normal circumstance, City staff will collect all samples and deliver samples to the awarded laboratory. The City may choose to hire the Contract Laboratory to perform fieldwork (sample collection) on an as needed basis.
• Analytical Report:
o A separate analytical report that meets ELAP requirement shall be provided for each chain of custody. This report shall be delivered with invoice. The report shall be well organized and easy to follow, containing the following information:
▪ Laboratory contact information for all labs providing results ▪ Client information
▪ Report title and number
▪ Sample identification, collection date and time
▪ Sample receipt date
▪ Date of sample preparation and prep method
▪ Date of sample analysis and test method
▪ Analytical results
▪ Detection levels used
▪ Quality Assurance/Quality Control (QA/QC) data for each method performed ▪ Signature and title of person authorized to release final results ▪ Certification that the test results meet all ELAP and/or NELAC and laboratory QA/QC requirements notation of results reported outside of quantitation limits ▪ Explanation of any qualifiers
▪ A copy of the Chain of Custody (COC)
• Notification Protocol:
• Awarded bidder will be provided a list of personnel to address immediate concerns or any critical findings, such as positive and/or over Maximum Contaminant Level (MCL) exceedance test results. List of personnel will include the point of contact's name, office/cell phone number and email. Any emails sent to personnel on the provided list must be sent at a high importance.

WORK SCHEDULE
Will be provided by City Representative(s) as needed.
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 25 REQUIRED LICENSES
Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement.

TERM OF AGREEMENT
The term of the agreement shall be for a period of two-years with three (3) one-year extension options at the sole discretion of City, for a total of up to five (5) years.

A. Pricing shall remain firm for the first two years of any agreement which may be awarded pursuant to this IFB.

B. Price increases for subsequent agreement years three, four, and five, shall not exceed the Consumer Price Index (CPI) for West Urban Area in any one agreement year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by Contractor(s) in writing, ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.

C. Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data. #24..
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 26 SAMPLE ANNUAL AGREEMENT - SERVICES-NON-PREVAILING WAGE This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this _______ day of ________________, 20___, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _____, a _______, hereinafter called CONTRACTOR.

W I T N E S E T H:

WHEREAS, the Modesto City Council adopted Resolution No. 20___-______ authorizing the Award of Bid and agreement for the ______ SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B” and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ______ SERVICES as described in IFB ____-____, attached hereto as Exhibit “C" and made a part hereof (hereinafter called IFB).

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

1. THE WORK
a. CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, and insurance necessary to perform and complete the required work as specified in Exhibit “B”, and in strict accordance with the conditions of the complete AGREEMENT. b. CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c. CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d. CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT. e. CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $______. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $_____. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.

AGREEMENT PRICING
[TBD - Insert Pricing Table Here]

2. CITY REPRESENTATIVE
CITY Representative is: ___________
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 27 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
<Enter Contact Information Here>

4. TERM OF AGREEMENT
The term of the AGREEMENT shall be for a period of two (2) years, with three (3) one-year extension options at the sole discretion of CITY, for a total of up to five (5) years.

Year 1: MONTH DD, 20___ through MONTH DD, 20___
Year 2: MONTH DD, 20___ through MONTH DD, 20___
Year 3: MONTH DD, 20___ through MONTH DD, 20___
Year 4: MONTH DD, 20___ through MONTH DD, 20___
Year 5: MONTH DD, 20___ through MONTH DD, 20___
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.

Price increases for any subsequent AGREEMENT years following the second year shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.

Price adjustments for diesel fuel fluctuations may be considered. Thirty (30) day written notice is required for consideration. Any price adjustment shall be negotiated through the Purchasing Division and approved at the sole discretion of the CITY.

The index used to determine price adjustments on diesel fuel shall come from the Energy Information Administration Website: HTTPS://WWW.EIA.GOV/PETROLEUM/GASDIESEL/, California data.

5. INSURANCE REQUIREMENTS
During the term of this AGREEMENT, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit (D) to this AGREEMENT and shall otherwise comply with the other provisions of Exhibit (D) to this AGREEMENT. The City utilizes a software program “PINS Advantage” where vendor is responsible for uploading and maintaining updated insurance. #24..
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 28 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

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, except for claims arising from the willful or active negligence of the City. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.

8. VENUE & GOVERNING LAW
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.

This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of law’s provisions or principles.
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 29 9. ATTORNEY'S FEES
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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:
a. Proofs of insurance (approved by CITY Risk Manager); and b. Executed Agreement;
c. CONTRACTOR Bid submittal;
d. IFB No. IFB-00065
e. Contractor’s City of Modesto business license

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

Termination by City for Convenience: The City may also terminate this AGREEMENT 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 #24..
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ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 30 any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES; h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.

CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
j. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; k. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.

12. COMPLIANCE WITH LAWS
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.

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:
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 31 a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.

Those discrepancies and deficiencies in the SERVICES that remain uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence. Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.

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 materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to The CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).

15. CITY PROCESS/PROCEDURE APPROVALS
CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.

16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES
If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.

17. NOTICES
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:

CONTRACTOR: ____________
____________
____________
____________
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 32 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. SIGNATORY(IES) FOR CONTRACTOR
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and has full authority to, execute the AGREEMENT.

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.
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.
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 33 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.

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 “A” and “B”, 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.
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 34 27. DRUG FREE WORKPLACE
CONTRACTOR certifies that it is following and in compliance with Sections 8350 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.

28. ASSIGNMENT
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.

29. WAIVER
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

30. HEADINGS NOT CONTROLLING
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.

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

32. ENTIRE AGREEMENT
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.

Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit B, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications related to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.

33. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 35 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attested by its City Clerk under authority of Resolution No. 20___- _______, adopted by the Council of the City of Modesto on the ________ day of __________________, 20___ and _____________.has caused this Agreement to be duly executed.

CITY OF MODESTO
a municipal corporation

CONTRACTOR
By ________________________________ By ________________________________ JOSEPH P. LOPEZ
City Manager
(Signature)
By ________________________________
ATTEST: (Name & Title)
Date: _______________________________
By ________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

By ________________________________
JOSE M. SANCHEZ, City Attorney
By ________________________________
MATTHEW BRALEY, ARM-PE, Risk Manager
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 36 EXHIBIT D: INSURANCE REQUIREMENTS FOR MOST CONTRACTS Insurance Requirements for Professional Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements.

The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to #24..
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 37 a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. If Completed Operations endorsement is required, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. #24..
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 38 Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.

Claims Made Policies (applicable to Professional Liability only) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements.

Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
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INVITATION FOR BIDS # IFB-00065

ANALYTICAL LABORATORY TESTING SERVICES FOR DRINKING WATER 39 1010 10th Street
Modesto, CA 95354
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Description Reporting Units EPA Approved Method Est. Annual QTY Unit Price (Standard Turnaround) Unit Price (Espedited Turnaround) COLILERT P/A SM9223 B 1000 $ 28.50 $ 28.50
QUANTI_TRAY MPN SM9223 B 30 $ 32.00 $ 32.00
HPC* CFU/ML POUR PLATE 600 $ 23.00 $ 23.00
NITRATE AS A NITROGEN MG/L EPA 300.0 500 $ 31.50 $ 63.00 FIELD SERVICES HOURLY N/A AS NEEDED $98.50/HOUR N/A
BID TOTAL $ 59,010.00
Exhibit E - Pricing
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1 Exhibit D:

Insurance Requirements for Most Contracts
(Not for Professional Services or Construction Contracts) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Modesto requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Modesto.

Umbrella or Excess Coverage
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement.

This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
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2 The City of Modesto, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance with coverage equal to ISO form CG 2010. For completed operations, a separate endorsement equal to ISO form CG 2037 is required.

Primary Coverage
The Additional Insured coverage under the Contractor’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13. The City of Modesto does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Modesto.

Waiver of Subrogation
Contractor hereby grants to City of Modesto a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Modesto by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Modesto has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Modesto may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Modesto.

Verification of Coverage
Contractor shall furnish the City of Modesto with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements are to be received and approved by the City of Modesto Risk Services before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s #24..
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3 obligation to provide them. The City of Modesto reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Subcontractors
Contractors shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract.

Special Risks or Circumstances
City of Modesto reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address
Proper address for mailing certificates, endorsements and notices shall be:

City of Modesto
Attn: Risk Management
1010 10th Street
Modesto, CA 95354
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

July 14, 2026
Date: June 18, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Prohousing Designation Program Application
CONTACT: Taranjot Khehra, Infrastructure Financing Supervisor [email protected], 209-577-5239
DESCRIPTION:

Hearing to consider applying for and participating in the Prohousing Designation Program administered by the California Department of Housing and Community Development (HCD). (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto’s 2025-2026 Strategic Plan Area of Focus Quality of Life, Goal D, by advancing policies and practices that facilitate housing production, improve housing affordability, and support long-term community sustainability.

BACKGROUND:

Increasing the availability of housing statewide is critical to improving quality of life and addressing housing affordability and homelessness. In response to these challenges, the State established the Prohousing Designation Program (“Program”) through the 2019- 2020 Budget Act.

The California Department of Housing and Community Development (“HCD”) has adopted regulations (Cal. Code Regs., tit. 25, 6600 et seq.) to implement the Prohousing Designation Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d). Pursuant to Government Code section 65589.9, the Prohousing Designation Program was created to incentivize jurisdictions that are compliant with State Housing Element requirements and that have enacted or proposed to enact local Prohousing policies. The Program is administered by HCD, and jurisdictions that receive a Prohousing Designation demonstrate a commitment to adopting and #25..
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City Council, July 14, 2026
Prohousing Designation Program Application