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www.modestogov.com
AGENDA
City of Modesto
FINANCE COMMITTEE
COUNCIL WORKSHOP
2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, June 22, 2026 at 4:00 PM
Roll Call: David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
Alternates: Eric Alvarez, Chris Ricci, Jeremiah Williams, Sue Zwahlen Council has not delegated directive or final approval authority to the Committees.
Committee actions are recommendations to the full City Council, not final decisions on an issue. * Public Comment will only be in-person. Members of the public who wish to address the Committee, by providing public comment, during the meeting must do so in-person in the 2001-40 Del Puerto Room. As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation. * Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of California Government Code section 54953.8.3.
*If a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Senate Bill 707, California Government Code section 54953.8.3. Alternative viewing options are listed below, and the meeting is physically open to the public.
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“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
• Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
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• Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.
Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326
PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.
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SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record but will not be read aloud during the meeting.
Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website www.modestogov.com/councilmeetings.
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting
Any and all of the following agenda items are subject to action by the Modesto City Council.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED:
Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee Member.
Consent
1. Consider the recommended budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
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• Motion recommending the budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.
BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] Consent
2. Consider an Agreement for the Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District, in the amount of 1.89 acres (82,219 SF) for public infrastructure for a total amount not to exceed $1,000,000 and forwarding to Council for approval. (Funding Source: Community Facilities District No. 2024-1 (Tivoli) Bond Issuance Funds)
• Motion recommending an Agreement for the Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District for public right-of-way needed in the amount of 1.89 acres (82,219 SF) for public infrastructure in the amount not to exceed $1,000,000 and forwarding to Council for approval.
CED; Edgar Garcia, 209-577-5211, [email protected] Consent
3. Consider an Agreement for the purchase of Pipe Saddles to Pace Supply, Sacramento, CA for a total amount not to exceed $225,587 over five (5) years and forwarding to Council for approval (Funding Source: Water Fund)
• Motion recommending the Award of Bid and Agreement for the purchase of Pipe Saddles to Pace Supply, Sacramento, CA, for one (1) year agreement with four (4) one-year extension options, for an estimated annual amount of $45,117 and a total amount not to exceed $225,587 over five (5) years and forwarding to Council for approval.
FINANCE DEPARTMENT; Dianne Love, 209-571-5174, [email protected] Consent
4. Consider Agreements for Occupational Medical Services to Occu-Med, LTD Fresno, California and Life Extension Clinics, Inc. dba Life Scan Wellness Centers Tampa, Florida for a combined total amount not to exceed $2,292,500 over five (5) years and forwarding to Council for approval. (Funding Source: Various Funds) • Motion recommending the Award of Proposal and Agreement for Occupational Medical Services to Occu-Med, LTD Fresno, California and Life Extension Clinics, Inc. dba Life Scan Wellness Centers Tampa, Florida for a two (2) year agreement with three (3) one-year extension options, for an estimated annual combined amount of $458,500 and a total combined amount not to exceed $2,292,500 over five (5) years and forwarding to Council for approval.
HUMAN RESOURCES; Dawn Kelley, 209-577-5490, [email protected] Consent
5. Consider the Agreements for conducting citywide Administrative Investigations to Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Oakland, CA, Shaw Law Group, PC, Sacramento, CA, Meyers Nave, - 4 -
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Oakland, CA, Command Investigations, Lake Mary, FL, CPS HR Consulting, Sacramento, CA, and DigiStream Investigations, Davis, CA, for a total combined amount not to exceed $800,000 over four (4) years and forwarding to Council for approval. (Funding Source: Various Funds)
• Motion recommending the award of proposal and Agreements for conducting citywide Administrative Investigations to Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Oakland, CA, Shaw Law Group, PC, Sacramento, CA, Meyers Nave, Oakland, CA, Command Investigations, Lake Mary, FL, CPS HR Consulting, Sacramento, CA, and DigiStream Investigations, Davis, CA, for a two (2) year Agreement with two (2) one-year extension options, for an estimated annual combined amount $200,000 and a total combined amount not to exceed $800,000 over four (4) years; and forwarding to Council for approval.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] Consent
6. Consider 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; and forwarding to Council for approval. (Funding Source: Fleet Fund and Outside Service Agreements) • Motion recommending 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 for Bulk Oil and Lubricants for two (2) year Agreement with three (3) one-year extension options, for an estimated combined annual amount $450,000, and a total combined amount not to exceed $2,250,000 over five (5) years; and forwarding to Council for approval.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
7. Consider 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 and forwarding to Council for approval. (Funding Source: Water Fund) • Motion recommending the Award of Bid and 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 forwarding to Council for approval.
UTILITIES; Manuel Martinez, 209-342-4592, [email protected] - 5 -
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NEW BUSINESS
8. Consider the recommended reserve policies for the various Internal Services Funds for the City of Modesto; and forwarding to Council for approval. (Funding Source:
Various Funds)
• Motion recommending the reserve policies for the various Internal Service Funds for the City of Modesto; and forwarding to Council for approval.
BUDGET; Kaceey Culbertson, 209-571-5855, [email protected]
9. Consider the informational 2025 Measure H Oversight Board Annual Report and forwarding to Council for acceptance and approval. (Funding Source: Measure H) • Motion accepting the informational 2025 Measure H Oversight Board Annual Report and forwarding to Council for acceptance and approval.
BUDGET; Stephan Christensen, 209-577-5390, [email protected]
10. Consider the sale and issuance of Special Tax Bonds for Community Facilities District No. 2024-1 (Tivoli) in the aggregate principal amount not to exceed $12,000,000; and forwarding to Council for approval. (Funding Source: Community Facilities District No. 2024-1 Improvement Area No. 1 Annual Facilities Special Taxes) • Motion recommending the sale and issuance of Special Tax Bonds for Community Facilities District No. 2024-1 (Tivoli) in the aggregate principal amount not to exceed $12,000,000 and forwarding to Council for approval.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 22, 2026
Date: June 2, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Stephan Christensen, Office of Performance Management and Budget Director
SUBJECT: Monthly Budget Adjustment Report – June 2026
CONTACT: Kaceey Culbertson, Budget Manager, [email protected], 209-571-5855
DESCRIPTION:
Consider the recommended budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Long-Term Financial Sustainability.
BACKGROUND:
Each month, staff presents a variety of budget adjustments requiring the approval of the City Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.
This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they are included as an attachment to this report (Exhibit A). As in past reports, adjustments are segregated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request. #1..
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Finance Committee, June 22, 2026
Monthly Budget Adjustment Report – June 2026
Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or the Office of Performance Management and Budget Director consistent with the authority levels that were approved by Council with the passing of the Fiscal Year 2025-26 Operating Budget via Resolution No. 2025-187.
DISCUSSION:
The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A.
FISCAL IMPACT:
The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2025-26.
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 COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the budget adjustments to Fiscal Year 2025-26 Annual Operating and Capital Improvement Program Budgets; and forwarding to Council for approval.
Approved by:
Stephan Christensen, Office of Performance
Management and Budget Director
Joseph P. Lopez, City Manager
Attachments:
1. Exhibit A – Budget Adjustments Requiring Council Approval
2. Exhibit B – Staff Approved Budget Adjustments
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Finance Committee, June 22, 2026
Monthly Budget Adjustment Report
EXHIBIT A
FISCAL YEAR 2025-26
COMMUNITY AND ECONOMIC DEVELOPMENT
• A budget adjustment in the amount of $225,703 is needed in the Tivoli CFD Fund (3255) for Project 101418 – SB Reimburse Fee (Tivoli). The adjustment will recognize revenue related to the plan reimbursement fees and increase discretionary expenditure accounts to match. Utility Studies for Tivoli that have been paid out of the Water, Wastewater, and Storm Drain Funds in prior years will be budgeted as a transfer out of the Project. As development occurs, the Specific Plan Reimbursement Fee will be paid by property owners and/or developers. There is no General Fund impact.
PUBLIC WORKS
• The following adjustments are being made from the various city Fleet Replacement sub-funds to the Fleet Replacement Fund (5409). This action is being taken to reimburse the Fleet Replacement Fund (5409) for vehicle purchases that had been made as required by fund accounting rules in FY 25-26 for the activity through December 2025. Below is a table showing the net effect in each sub-fund because of the various adjustments.
Fund Fund Name Net Impact
of
Adjustments
1709 Surface Transportation Fleet Replacement $949,301
4109 Water Fund Fleet Replacement $474,651
4219 Wastewater Fleet Replacement Fund $753,654
4899 Solid Waste Fleet Replacement Fund $307,655
5410 General Fund Equipment Fleet Replacement $264,626
Total Transfer Outs $2,749,887
5409 Transfer In – Fleet Management Fleet
Replacement
$2,749,887
Total Transfer Ins $2,749,887
A budget adjustment is necessary to establish a transfer in the amount of $949,301 from the Surface Transportation Fleet Replacement Fund to Fleet Replacement Fund for purchase of (4) dump trucks.
A budget adjustment is necessary to establish a transfer in the amount of $474,651 from the Water Fund Fleet Replacement Fund to Fleet Replacement Fund for purchase of (2) dump trucks.
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Finance Committee, June 22, 2026
Monthly Budget Adjustment Report
A budget adjustment is necessary to establish a transfer in the amount of $753,654 from the Wastewater Fund Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) dump truck and (1) crane.
A budget adjustment is necessary to establish a transfer in the amount of $307,655 from the Solid Waste Fleet Replacement Fund to Fleet Replacement Fund for purchase of (2) dump trucks.
A budget adjustment is necessary to establish a transfer in the amount of $264,626 from General Fund Equipment Fleet Replacement Fund 5410 to Fleet Replacement Fund for purchase of (4) patrol SUV’s.
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Department Director/Director of Office Performance and Budget (OPMB)/City Manager Approved Budget AdEXHIBIT B For FY2025/26
AT #
Approved
by CM,
Director
OPMB or
DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-115 OPMB 0100 General Fund 33030 - Recreation Operations 51991 - Service Credit Intrafund Exp $ - $ (27,741) $ (27,741) AT-115 OPMB 0100 General Fund 33140 - Adult & Child Services 51991 - Service Credit Intrafund Exp $ - $ (16,919) $ (16,919) AT-115 OPMB 0100 General Fund 33150 - Aquatic Services 51991 - Service Credit Intrafund Exp $ - $ (30,160) $ (30,160) AT-115 OPMB 0100 General Fund 33320 - Maddux Youth Center 51991 - Service Credit Intrafund Exp $ - $ (35,493) $ (35,493) AT-115 OPMB 0100 General Fund 33330 - Marshall Park 51991 - Service Credit Intrafund Exp $ (86,416) $ (10,296) $ (96,712) AT-115 OPMB 0100 General Fund 33350 - Senior Citizens Center 51991 - Service Credit Intrafund Exp $ - $ (68,808) $ (68,808) AT-115 OPMB 0100 General Fund 33030 - Recreation Operations 54501 - Service City Forces - Intrafund Exp $ 19,926 $ 27,741 $ 47,667 AT-115 OPMB 0100 General Fund 33140 - Adult & Child Services 54501 - Service City Forces - Intrafund Exp $ - $ 16,919 $ 16,919 AT-115 OPMB 0100 General Fund 33150 - Aquatic Services 54501 - Service City Forces - Intrafund Exp $ - $ 8,635 $ 8,635 AT-115 OPMB 0100 General Fund 33320 - Maddux Youth Center 54501 - Service City Forces - Intrafund Exp $ - $ 35,493 $ 35,493 AT-115 OPMB 0100 General Fund 33330 - Marshall Park 54501 - Service City Forces - Intrafund Exp $ - $ 10,296 $ 10,296 AT-115 OPMB 0100 General Fund 33350 - Senior Citizens Center 54501 - Service City Forces - Intrafund Exp $ - $ 68,808 $ 68,808 AT-115 OPMB 0100 General Fund 33360 - Chavez Water Park 54501 - Service City Forces - Intrafund Exp $ - $ 21,525 $ 21,525 Total Changes for Fund 0100 $ (66,490) $ - $ (66,490)
AT-112 OPMB 1180 Emergency Shelter Grants (ESG) 101650 - ESG FY 2025-26 Allocation 1537 AD DST - Services City Forces -
Interfund Exp $ 5,000 $ (5,000) $ - A budget adjustment is needed to reallocate ESG grant funds originally designated for the Downtown Streets Team to HMIS Activity 1541. The redistributed funds will AT-112 OPMB 1180 Emergency Shelter Grants (ESG) 101650 - ESG FY 2025-26 Allocation 1537 DST - Direct Grants Exp $ 20,000 $ (20,000) $ - support activity delivery costs associated with the oversight and management of the City's Homeless Management Information System (HMIS).
AT-112 OPMB 1180 Emergency Shelter Grants (ESG) 101650 - ESG FY 2025-26 Allocation 1541 - Services City Forces - Interfund Exp $ 12,967 $ 25,000 $ 37,967 Total Changes for Fund 1180 $ 37,967 $ - $ 37,967
AT-120 OPMB 1321
Public Education Governmental
(PEG) Fund
17425 - IT Public Educational and
Governmental (PEG) operations
IT Equipment less than capitalization
threshold Exp $ - $ 5,000 $ 5,000 A budget adjustment is necessary in the amount of $5,000 to increase the PEG fund budget for the purchase of two matrox devices in Council Chambers.
Total Changes for Fund 1321 $ - $ 5,000 $ 5,000
AT-118 OPMB 1800
Economic Development /
Strategic Plan Fund 101737 - Shelter Cove DA Amendment CS-CD Time and Materials Rev $ - $ 25,000 $ 25,000 AT-118 OPMB 1800
Economic Development /
Strategic Plan Fund 101737 - Shelter Cove DA Amendment AuC - Professional Services Exp $ - $ 17,500 $ 17,500 AT-118 OPMB 1800
Economic Development /
Strategic Plan Fund 101737 - Shelter Cove DA Amendment Auc - Service City Forces - Interfund Exp $ - $ 7,500 $ 7,500 AT-119 OPMB 1800
Economic Development /
Strategic Plan Fund 101589 - Founder's Point East Sp CS-CD Time and Materials Rev $ 60,000 $ 13,317 $ 73,317 AT-119 OPMB 1800
Economic Development /
Strategic Plan Fund 101589 - Founder's Point East Sp AuC - Professional Services Exp $ 60,000 $ 13,317 $ 73,317 Total Changes for Fund 1800 $ 60,000 $ 76,634 $ 73,317
AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54706 - Direct Grants Exp $ 40,000 $ (40,000) $ - AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54500 - Services City Forces - Interfund Exp $ 3,400 $ (3,400) $ - AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54500 - Services City Forces - Interfund Exp $ 3,400 $ 7,234 $ 10,634 AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54500 - Services City Forces - Interfund Exp $ 3,400 $ 7,234 $ 10,634 AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54500 - Services City Forces - Interfund Exp $ 3,400 $ 7,233 $ 10,633 AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54500 - Services City Forces - Interfund Exp $ 3,400 $ 7,233 $ 10,633 AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54500 - Services City Forces - Interfund Exp $ 3,400 $ 7,233 $ 10,633 AT-113 OPMB 1130
Community Development Block
Grants (CDBG) 14015 - CDBG Direct Programs 54500 - Services City Forces - Interfund Exp $ 3,400 $ 7,233 $ 10,633 Total Changes for Fund 1130 $ 63,800 $ - $ 63,800
AT-114 OPMB 3160 Capital Grants 101269 - Pelandale Ave Rehab AUC - CFF Exp $ 26,830 $ (5,059) $ 21,771 AT-114 OPMB 3160 Capital Grants 101269 - Pelandale Ave Rehab AUC - EDA Exp $ 400,000 $ 5,059 $ 405,059 Total Changes for Fund 3160 $ 426,830
This budget adjustment is to recognize the Service credits (51991) to protect PT salaries while still recognizing the charges to discretionary (54501) between cost centers.
A budget adjustment in the amount of $25,000 is necessary to establish a project budget for the Time and Materials for the Shelter Cove Development Agreement Amendment project. Developer funded.
A budget adjustment in the amount of $13,317 is necessary to identify the total time and materials deposit that was received for the Founders Point East Specific Plan project. There is no impact to the General Fund.
A budget adjustment is needed to redistribute the CDBG grant funds originally allocated to the Downtown Streets Team to the six other public services funded this year. The funds will be used for staff activity delivery to support the management and oversight of public services.
A budget adjustment in the amount of $5,059 necessary to alleviate the negative task line AUC - EDA. The adjustment will also include reducing $5,059 from AUC CCF to cover the overage. There will be no overall increase to the Total Budget of$3.2 Million. The project will then be closed. #1..
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 22, 2026
Date: May 29, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Bratton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Agreement for Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:
Consider an Agreement for the Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District, in the amount of 1.89 acres (82,219 SF) for public infrastructure for a total amount not to exceed $1,000,000 and forwarding to Council for approval. (Funding Source: Community Facilities District No. 2024-1 (Tivoli) Bond Issuance Funds)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City Council’s 2025-2026 Strategic Plan, Goal D:
Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.
BACKGROUND:
In 1982, the Mello-Roos Community Facilities Act of 19821 (“the Act”) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners. 1 Mello-Roos Community Facilities Act of 1982
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Finance Committee, June 22, 2026
Agreement for Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District
The Tivoli Specific Plan approved by City Council in 2008 by Ordinance No. 3479-C.S., is a 454-acrea area located in an unincorporated area of Stanislaus County. The project is located within the City of Modesto’s Sphere of Influence. The site is bounded by the planned Claratina Avenue on the north, Oakdale Road on the west, Sylvan Avenue on the south, and Roselle Avenue on the east.
On September 9, 2016, by Ordinance No. 3654-C.S., the City of Modesto (“the City”) Amended the Tivoli Specific Plan Amendment No. 1 for property located North of Sylvan Avenue, South of future Claratina Avenue, East of Oakdale Road, West of Roselle Avenue to include minor land use adjustments regarding the relocation of the school site with the overall density and intensity remaining essentially the same, minor internal street alignment adjustments, removal of four roundabouts, as well as minor adjustments and technical changes.
On August 13, 2024, by Resolution No. 2024-279, the Council approved the Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli) to establish improvement area No. 1, designate a future annexation area and authorize the levy of a special tax within said Community Facilities District. The City Council also approved a “Resolution to Incur Debt” by Resolution No. 2024-280. On September 24, 2024, by Resolution No. 2024-354, Council approved the formation of City of Modesto Community Facilities District No. 2024-1 (Tivoli) (“CFD No. 2024-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 and by Resolution No. 2024-355 Council declared the necessity to incur bonded indebtedness.
DISCUSSION:
In 2009, the Sylvan Unified School District (“the District”) purchased and currently owns approximately thirteen (13) acres of land (APN: 083-004-089) within the Community Facilities District No. 2024-1 (Tivoli). As a necessary condition of development, dedication of public right-of-way is needed for the construction of the fronting roadways and infrastructure, including the completion of the roundabout at the future Aria Way and Selchi Street and to connect Aria Way through to Sylvan Avenue to serve the new development.
The District must maintain the minimum acreage of thirteen (13) acres, according to the Department of Education guidelines, to support a campus with the eventual student population. The District has therefore determined that, in order to convey a portion of its real property to the City for right‑of‑way purposes, it must acquire additional land to ensure the future campus does not fall below the minimum acreage required under California Department of Education siting guidelines.
As a proposed solution to meet both the needs of the District and the City, a three-party escrow process is recommended between the City of Modesto, Sylvan Union School District and the Jack and Arliss Pickrel Living Trust trustees, to fulfill the City’s public #2..
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Finance Committee, June 22, 2026
Agreement for Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District
infrastructure needs in the acquisition of real property in the amount of 1.89 acres (82,219 SF) (APNs: 083-004-089,083-004-048).
The proposed acquisition is necessary to secure the public right-of-way required to construct necessary public infrastructure identified in the approved Tivoli Specific Plan.
The right-of-way will accommodate completion of the roundabout at future Aria Way and Selchi Street, extension of Aria Way through Sylvan Avenue, and associated roadway improvements needed to serve the overall Tivoli development area. These roadway connections, including the future Aria Way and Bridgewood alignments, are necessary to support traffic circulation and overall implementation of the planned neighborhood infrastructure network.
This transaction is recommended to be a three-party escrow to allow the District to purchase additional property from the Trustees (owners) of the property, the City of Modesto to fund the transaction, including the escrow costs for both property sales, and to receive the needed Right-of-Way. The Tivoli CFD is currently proceeding with its first bond issuance and will use bond proceeds to fund the acquisition, because the land is required for required infrastructure.
The District, as the primary party to both transactions, has drafted the Agreements and provided them to the City and the property Trustees for review. The three (3) legal documents needed to secure the three-party purchase and escrow process are as follows: an Agreement for Conveyance and Funding of Real Property (between the City and District), Agreement for Purchase and Sale of Real Property (between the District and Pickrel Trust), and the Joint Escrow Instructions (between City, District, and Pickrel Trust).
The Agreements allow the City to purchase the necessary ROW from the District, and the District to simultaneously use the funds from that sale to purchase the necessary additional property for the school site from Pickrel Trust. As a condition of acquiring the additional property, the District shall simultaneously execute an irrevocable offer of dedication to the City for 1.89 acres (82,219 SF) of right of way for Aria Way and Bridgewood Way. As part of the arrangement, the City has agreed to pay the closing costs for both transactions.
FISCAL IMPACT:
This acquisition of real property will be funded by the Tivoli CFD via bond proceeds that are scheduled to be sold in July 2026. The proceeds will fund this transaction for the
1.89-acre portion of property from the District, among other eligible expenditures. The City will be a signatory under the Agreement and has agreed to be solely responsible for all funding related to this transaction, including the purchase price and all closing costs and fees, with the exception of the District’s staff costs attorney fees. The purchase price shall be eight hundred thirty-one thousand and six hundred dollars ($831,600) based on a valuation of $440,000 per acre. The final purchase price may #2..
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Finance Committee, June 22, 2026
Agreement for Conveyance and Purchase of Right-of-Way from the Sylvan Unified School District
change once a legal description is prepared and the exact acreage is determined. Due diligence and closing costs are anticipated to be approximately $168,400. This action will have no impact on the General Fund.
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 COMMITTEE ACTION:
Staff Recommendations:
Motion recommending an Agreement for the Conveyance and Purchase of Right-ofWay from the Sylvan Unified School District for public right-of-way needed in the amount of 1.89 acres (82,219 SF) for public infrastructure in the amount not to exceed $1,000,000 and forwarding to Council for approval.
Approved by:
Jessica Hill, Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Draft Conveyance and Funding Agreement – City of Modesto and SUSD
2. Draft Joint Escrow Instructions (Exhibit C)
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY PAGE 1
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY
AND JOINT ESCROW INSTRUCTIONS
This Agreement for Conveyance and Funding of Real Property and Joint Escrow Instructions (“Agreement”) is made by and between the SYLVAN UNION SCHOOL DISTRICT, a California public school district (“District”) and the CITY OF MODESTO, a political subdivision in the State of California (“City”), entered into on the Effective Date (as defined below). District and City may be collectively referred to as the “Parties.”
RECITALS
WHEREAS, District is the sole owner of certain real property, as described below, for the siting of a future public school campus.
WHEREAS, the City of Modesto (“City”) has determined that it requires a portion of the District’s real property for right-of-way purposes.
WHEREAS, the District has determined that in order to convey the portion of its real property to the City for right of way purposes, the District requires additional land so that the acreage of the future public school campus does not fall below the minimum legal requirements for the siting of a public school pursuant to California Department of Education guidance.
WHEREAS, the neighboring property is owned by the Jack and Arliss Pickrel Living Trust, dated November 23, 2005 (“Trust”), and the District and the Trust will be entering into a Purchase and Sale Agreement (“District-Trust Agreement”), whereunder the Trust agrees to sell a portion of its real property to the District as further detailed in the District-Trust Agreement.
WHEREAS, the District, City, and Trust intend that the District’s acquisition of a portion of the Trust’s property under the District-Trust Agreement, and the District’s conveyance of real property to the City under this Agreement, simultaneously close through a single escrow, conditioned on the City’s sole responsibility to cover the District’s costs of acquiring the real property from the Trust under the District-Trust Agreement.
WHEREAS, Section 35160 of the Education Code authorizes the Governing Board of the District to initiate and carry on any activity, or may otherwise act in any manner which is not in conflict with or inconsistent with, or preempted by, any law and which is not in conflict with the purposes for which school districts are established.
WHEREAS, Section 35162 of the Education Code authorizes the District’s Governing Board to hold and convey property for the use and benefit of the District.
WHEREAS, District desires to convey said real property to City on and subject to the terms and conditions contained in this Agreement, and City desires to acquire District’s real property and hold it for the use and benefit of the City. #2..
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AGREEMENT
NOW THEREFORE, in consideration of the covenants and agreements set forth in this Agreement, District and City agree as follows:
I. EFFECTIVE DATE
For purposes of triggering events under this Agreement, the “Effective Date” of this Agreement shall be the date of mutual execution of this Agreement by both City and District.
This Agreement will not be legally valid until approved by the Modesto City Council and District’s Governing Board.
II. THE PROPERTY
Subject to the terms and conditions set forth in this Agreement, District agrees to convey to City, and City agrees to accept from District, fee simple title to the real property legally described, and depicted, in EXHIBIT A, including all mineral and subsurface rights, if any, and all improvements located thereon, together with all appurtenant and development rights (“ROW Property”). The ROW Property consists of approximately 82,219 square feet along the northern and eastern boundaries of the parcel with APN 083-004-089, located in the City of Modesto, California.
III. FUNDING OF DISTRICT ACQUISITION OF TRUST PROPERTY
A. City agrees to fund the District’s acquisition of real property owned by the Trust legally described, and depicted, in Exhibit A to the District-Trust Agreement, which consists of approximately 1.89 acres from the northern portion of the parcel with APN 083-004-048 and located at 2519 Sylvan Avenue in the City of Modesto, California (“Trust Property”). City’s funding obligation is one hundred percent (100%) of the Purchase Price of the Trust Property and all Closing Costs as described in the District-Trust Agreement. The purchase price for the Trust Property is Four Hundred Forty Thousand and No/100 Dollars ($440,000.00) per acre, based on the final surveyed acreage of the Trust Property; provided, however, that the total Purchase Price shall not exceed Eight Hundred Thirty-One Thousand, Six Hundred and No/100 Dollars ($831,600.00) regardless of final surveyed acreage (“Purchase Price”). The Purchase Price of the Trust Property shall be paid by City as follows:
1. Deposit. Within five (5) business days of the Effective Date of this Agreement, the City shall open an escrow with Chicago Title Company, located at 1700 Standiford Ave, Ste 110, Modesto, CA 95350 (“Title Company” or “Escrow Holder”), attention to Lisa Westfall, Escrow Manager, by depositing a copy of the mutually executed Agreement with the Title Company, and the City will deposit the sum of Seventy-Five Thousand and No/100 Dollars ($75,000.00) with Title Company on behalf of the District to be allocated as follows: (a) Twenty-Five Thousand and No/100 Dollars ($25,000.00) in satisfaction of District’s obligation to fund the security deposit under the District-Trust Agreement (“Deposit”); and (b) Fifty Thousand and No/100 Dollars ($50,000.00) shall be immediately released to District to cover the expenses incurred by District in relation to the transactions contemplated under this Agreement and the District-Trust Agreement (“Cost Contribution”).
Upon delivery of the Deposit to Title Company, the amount of the Deposit shall be deemed the District’s security deposit under the District-Trust Agreement. The Deposit shall become applicable to the Purchase Price for the Trust Property. In the event that Close of Escrow for the ROW Property does not occur for any reason other than default of the City, the Deposit and Cost Contribution shall be refunded to the City.
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2. Balance of Purchase Price. At least three (3) business days prior to Close of Escrow (as defined below), or as instructed by the Title Company, City shall have deposited with the Escrow Holder, in immediately available funds, the balance of the Purchase Price on behalf of the District, and in satisfaction of District’s obligation to pay the Purchase Price under the District-Trust Agreement, and the amount of Title Company’s estimate of all closing costs, prorations, and charges payable (collectively, “Closing Costs”) under the District-Trust Agreement.
B. Payment of Balance Upon Closing. Upon the Close of Escrow, the Deposit plus accrued interest and the balance of the Purchase Price shall be paid by Escrow Holder to or at the direction of the Trust on account of the Purchase Price.
IV. CONDITIONS TO DISTRICT’S OBLIGATION
A. Conditions to District’s Obligation. District’s obligation to convey the ROW Property to City under this Agreement is subject to the fulfillment of each of the following conditions, each of which is for the benefit of the District and any or all of which may be waived by District in writing at its option:
1. District-Trust Agreement Conditions. The conditions of the District’s obligation to purchase the Trust Property pursuant to Section IV of the District-Trust Agreement shall have been fulfilled or otherwise waived by the District.
2. City’s Funding. City shall have deposited with Escrow Holder one hundred percent (100%) of the Deposit, balance of the Purchase Price and all Closing Costs for District’s acquisition of the Trust Property under the District-Trust Agreement.
3. City’s Performance. City shall have timely performed all of the obligations required by the terms of this Agreement to be performed by City.
4. City’s Representations. All representations and warranties made by City in this Agreement shall be true and correct as of the execution of this Agreement and as of the Close of Escrow.
V. DUE DILIGENCE PERIOD
A. Due Diligence Period. City shall have a “Due Diligence Period,” commencing on the Effective Date this Agreement, for a period of forty-five (45) days in which City will evaluate the physical feasibility of City’s use of the ROW Property for right-of-way purposes.
If City determines, within its sole judgment and discretion, that the ROW Property is not suitable for its intended purposes, the City may, by written notice to District prior to the expiration of the Due Diligence Period, terminate the Agreement. City shall be solely responsible for any cancellation costs imposed by Title Company, and the Deposit, together with all interest earned thereon, shall be disbursed to the City, and neither District nor City shall have any further liability or obligations under this Agreement.
B. District’s Reports. Within ten (10) days following the Effective Date of this Agreement, District shall have delivered to City any documents relevant to the ROW Property, including, but not limited to: (i) copies, in its possession, of any and all soils reports, plans, engineering studies, surveys, environmental studies and any other reports, studies or disclosures relating to or affecting the ROW Property to assist City with its feasibility study; and (ii) any and all existing leases, licenses, contracts, rental agreements, covenants, development agreements, redevelopment plans, tract map conditions of approval, improvement agreements and bonds, easements, profits-à-prendre, party wall agreements, franchises, CC&Rs, commitments, undertakings, liens, water, oil, gas, or mineral rights. #2..
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District’s obligation to deliver and share with City any relevant ROW Property documents, reports, and disclosures is an ongoing obligation and shall be a continuing obligation up until the Close of Escrow. District makes no warranties and/or representations regarding reports being delivered to City except that, to the best of District’s knowledge, they are true and correct.
C. Site Investigations. District hereby grants City and its consultants and agents the right to enter upon and access the ROW Property from and after the Effective Date of this Agreement to conduct evaluations, surveys, and feasibility studies on, around or under the ROW Property, at City’s own cost and expense. City shall indemnify, defend, and hold harmless the District from and against any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to City's or its consultants' entry onto or activities on the ROW Property. City shall maintain, and require its consultants to maintain, commercial general liability insurance with limits of not less than $1,000,000 per occurrence during the period of any such access, naming District as an additional insured.
City’s access onto the ROW Property for these preliminary review purposes shall extend through the Due Diligence Period.
D. Title Review Process. City shall have the right, during the Due Diligence Period to either approve the exceptions contained in the Title Report or to notify the District in writing (the “Title Objection Notice”), specifying any exceptions and/or survey matters to which it objects (the “Title Objections”). If a Title Objection Notice is sent, the District shall have a period of five (5) business days after receipt of the Title Objection Notice (i) to remove, or agree to remove prior to the Close of Escrow, some or all of the Title Objections, and to inform the City of the same, or (ii) to advise the City, in writing, that it will not agree to remove some or all of the Title Objections (the “Title Response Notice”). If the District fails to timely deliver to the City the Title Response Notice, it shall be conclusively deemed that the District has elected not to remove any of the Title Objections. If the District advises the City in its Title Response Notice that it will neither remove nor agree to remove some or all of the Title Objections (or District is deemed to have so advised City), then the City shall have until 5:00 p.m. (Pacific Time) on the last day of the Due Diligence Period (including any extensions) to advise the District, in writing, whether City elects to waive such objections and proceed with the acquisition of the ROW Property or to terminate this Agreement. District shall inform City whether District will be unable to remove by the Close of Escrow those specified exceptions which District has agreed to remove in the Title Response Notice on or before the third (3rd) business day prior to the Close of Escrow, then City shall have the following options to be exercised by written notice within three (3) business days of the date of District’s notice that District is unable to remove or effect a cure of such item: (y) to accept a conveyance of the ROW Property subject to the matter objected to by City in the Title Response Notice which District elected (but is not obligated) to remove but is unable to remove despite using commercially reasonable efforts to do so, or (z) to terminate this Agreement by sending written notice thereof to District, and upon delivery of such notice of termination, this Agreement shall terminate, and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except for such obligations under this Agreement as are expressly provided herein to survive the termination of this Agreement.
VI. CONDITION OF PROPERTY
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE CITY IS ACQUIRING THE ROW PROPERTY IN ITS “AS IS” PHYSICAL CONDITION. District represents and warrants that to the best of District’s knowledge, District is not aware of the existence of any defect or condition on the ROW Property, including, but not limited to, the condition of the soil, the existence of geologic hazards or groundwater contamination on the ROW Property, the existence of ecological or environmental impediments to the intended use of the ROW Property, the #2..
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transfer of any water rights which are appurtenant to the property and the existence of any hazardous or toxic materials on, beneath the surface, or in the vicinity of the ROW Property at levels requiring remediation or removal under existing applicable laws.
VII. WARRANTIES OF TITLE
District warrants and represents that:
A. No Pending Litigation. District has not received any notice of pending litigation respecting the ROW Property on or before Close of Escrow.
B. Contracts Concerning the Property. District has no knowledge of, and represents and warrants that there are no leases, subleases, rental agreements, occupancies, tenancies, contracts, licenses, commitments, or undertakings pertaining to the ROW Property, the performance of services on the ROW Property, or the use of the ROW Property or any part of it by which City would become obligated or liable to any person or entity. No other agreements have been made by District with any person or entity to possess, lease, or purchase the ROW Property or any interest therein.
C. Violations. District has not received any notice of any violation of any statute, ordinance, regulation or administrative or judicial order or holding, whether or not appearing in public records, with respect to the ROW Property or any improvements on the Property.
D. Material Defects. District has not received any notice that, and is not aware of or informed that, any material defect in the ROW Property exists at present or as of the Close of Escrow.
E. Easements Not of Record. District has no knowledge, actual or constructive, and has not received any notice of the title to be conveyed to City being encumbered by any easements, licenses, or other rights not disclosed by the public record.
F. Status of Title. With the exception of all easements and title exceptions of record that City approves, as a covenant that will survive the Close of Escrow, District warrants that District is the sole owner of the ROW Property, free and clear of all liens, claims, encumbrances and/or easements, encroachments on the ROW Property from adjacent properties, encroachments by improvements or vegetation of the ROW Property onto adjacent property, or rights of way of any nature. Any and all financial or monetary liens, claims and/or encumbrances shall be satisfied by District through the Title Company at the Close of Escrow.
VIII. HAZARDOUS SUBSTANCES
District warrants that District has not received any notice from any local, state, or federal agency of any Hazardous Substances of any type or nature, solid, liquid or gaseous, which exists or has existed above, on, or beneath the ROW Property. To the best of District’s knowledge, there has been no use, discharge, release, generation, storage or disposal in, on, or under the ROW Property of any Hazardous Substances (as defined in EXHIBIT B) except in accordance with applicable law. Further, District agrees that District will not discharge, release, use, generate, store or dispose, or permit or suffer the discharge, release, use, generation, storage or disposal (collectively “Release”) of any Hazardous Substances above, in, on or under the ROW Property in violation of any environmental law prior to the Close of Escrow. City acknowledges and agrees that the foregoing sentence shall not apply to any Release of Hazardous Substances from outside the ROW Property unless such Release is caused by District. District further warrants that to the best of their knowledge, there are no underground storage tanks located on the ROW Property. District agrees to provide and disclose to City within five (5) days of execution of the Agreement any and all documents in #2..
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District’s possession regarding the existence, use, application or removal of Hazardous Substances on or from the ROW Property including any and all disclosures by current and former tenants of District, if any, of the use or presence of Hazardous Substances on or in the vicinity of the ROW Property.
IX. CONDITIONS TO CITY’S OBLIGATIONS
A. For the benefit of City, the Close of Escrow shall be conditioned upon the occurrence and/or satisfaction of each of the following conditions (or City’s written waiver thereof, it being agreed that City may waive any or all of such conditions):
1. Delivery of Title. Delivery of good and marketable fee simple title to the ROW Property in the condition set forth in this Agreement.
2. Issuance of a Preliminary Title Report. Issuance of a current preliminary title report by Title Company, with respect to the ROW Property, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters of title to the Property, accompanied by legible copies of all documents referred to in the report, and Title Company’s commitment to provide CLTA policy of title insurance for the Property with title subject only to exceptions acceptable to City.
3. Site Condition Representations. District’s representations and warranties with respect to the condition of the ROW Property as set forth in this Agreement.
Between the execution of this Agreement and Close of Escrow, District will not have sustained any material loss or damage to the ROW Property.
4. Hazardous Materials Representations. In accordance with Health and Safety Code section 25359.7, District’s representations with respect to “Hazardous Substances” (as defined in EXHIBIT B) and underground storage, as described in Section VIII of this Agreement.
5. City Council Approval. Approval of the conditions of the ROW Property, this Agreement, and closing of this transaction by the Modesto City Council before the expiration of the Due Diligence Period.
6. City’s Acceptance of Property. City’s written satisfaction of the ROW Property for its proposed project before the expiration of the Due Diligence Period.
7. Termination of Leasehold Interests. If any leasehold interest exists on the ROW Property, termination of any existing leases, and/or other rights of possession or encumbrances of title on the ROW Property, including removal of all tenants and their personal property/chattel.
8. District’s Obligations. District shall have timely performed by the Close of Escrow, all of the obligations required by the terms of this Agreement to be performed by District.
X. JOINT INSTRUCTIONS FOR CLOSE OF ESCROW
Joint Instructions for Close of Escrow are attached hereto as EXHIBIT C and are hereby incorporated herein as a part of this Agreement.
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XI. CITY’S REPRESENTATIONS AND WARRANTIES
In consideration of District entering into this Agreement and as an inducement to District to convey the ROW Property to City, City makes the following representations and warranties, each of which is material and is being relied upon by District (the continued truth and accuracy of which shall constitute a condition precedent to District’s obligations hereunder):
A. City’s Authority to Execute Agreement. City is a political subdivision duly formed under the laws of the State of California, and this Agreement and the execution and delivery thereof by the designated signatory has been specifically authorized by the Modesto City Council. The City has the legal right, power, and authority to enter into this Agreement and to consummate the transaction contemplated pursuant to the terms of this Agreement.
B. Authority of Executing Officer. The individual executing this Agreement on behalf of City represents, for the benefit of District, that they are duly authorized to execute and deliver this Agreement on behalf of City.
C. Validity of City’s Representations and Warranties at Close of Escrow. The representations and warranties of the City set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time.
XII. DISTRICT’S REPRESENTATIONS AND WARRANTIES
A. District makes no representation or warranty concerning any matter or thing affecting or relating to the ROW Property, except to the extent specifically stated in this Agreement. City acknowledges that: (i) except as expressly contained in this Agreement, neither District, nor anyone acting for or on behalf of District, has made any representation, statement, warranty or promise to City concerning the physical aspects and condition of the ROW Property, any dimensions or specifications of the ROW Property, the feasibility, desirability or convertibility of the ROW Property into any particular use, the zoning, building and land use restrictions applicable to the ROW Property, the presence of toxic wastes and Hazardous Substances or materials in, on or under the ROW Property; (ii) in entering into this Agreement, City has not relied on any representation, statement, warranty or promise of District, or anyone acting for or on behalf of District, other than as expressly contained this Agreement; and (iii) all matters concerning the ROW Property shall be independently verified by City and that City shall acquire the ROW Property on City’s own examination thereof (or its election not to do so) and that City is purchasing the ROW Property in its “AS IS” physical condition. City assumes the risk that adverse physical, environmental, or other conditions may not have been revealed by its investigation. Without limiting the foregoing, District shall have no liability or responsibility to City for any remediation or investigation concerning Hazardous Substances on or under the ROW Property except to the extent District is aware of such Hazardous Substances or investigation and/or remediation thereof, and fails to disclose that information to City. The provisions of this Section shall survive Close of Escrow or termination of this Agreement.
B. In consideration of City entering into this Agreement and as an inducement to City to acquire the ROW Property from District, District makes the following representations and warranties, each of which is material and is being relied upon by City (the continued truth and accuracy of which shall constitute a condition precedent to City’s obligations hereunder):
1. District’s Authority to Execute Agreement. The representatives of District warrant: (i) that District is legally authorized and able to execute this Agreement and constitutes all persons with a legal interest in the ROW Property necessary to convey clear #2..
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title to a fee simple interest in the ROW Property; and (ii) that District has the legal right to enter into this Agreement and to consummate the transaction contemplated by this Agreement.
2. Validity of District’s Representations and Warranties at Close of Escrow.
The representations and warranties of the District set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. District shall promptly notify City of any facts that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow.
3. License to Enter Property. District and City acknowledge and agree that through the Close of Escrow, City shall have the right to enter upon and access the ROW Property to conduct its surveys and feasibility study as well as any asbestos removal tests and soil tests, core drilling and/or testing for hazardous waste contamination on around or under ROW Property, at City’s own cost and expense. City will use reasonable efforts not to damage the ROW Property or interrupt the District’s use thereof during the conduct of any such surveys and studies. Upon City’s written satisfaction of the ROW Property, City shall have accepted the ROW Property in its current and “as is” condition, subject only to the accuracy of District’s representations and warranties set forth in this Agreement.
XIII. MUTUAL INDEMNIFICATION
A. District shall indemnify City and hold City harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, without limitation, reasonable attorneys’ fees, resulting from, arising out of, or in any way connected or related to any misrepresentations or breach of warranty or breach of covenant made by District in this Agreement or in any document, certificate, or exhibit given or delivered to City pursuant to or in connection with this Agreement. The indemnification provisions of this Section shall survive the delivery of the Grant Deed and transfer of title or, if title is not transferred pursuant to this Agreement, any termination of this Agreement.
B. City shall indemnify District and hold District harmless from and against any and all claims, demands, liabilities, costs, expenses, penalties, damages and losses, including, without limitation, reasonable attorneys’ fees, resulting from, arising out of, or in any way connected or related to any misrepresentations or breach of warranty or breach of covenant made by City in this Agreement or in any document, certificate, or exhibit given or delivered to District pursuant to or in connection with this Agreement; and/or any liability arising because of breach of this Agreement or other matters related to the District-Trust Agreement which occurred, arose, or is alleged to have occurred or arisen prior to Closing, and which is not due to actions of, or taken by, District. The indemnification provisions of this Section shall survive the delivery of the Grant Deed and transfer of title or, if title is not transferred pursuant to this Agreement, any termination of this Agreement.
XIV. TERMINATION
A. City’s Termination for Cause. In the event of a material default by District, the Agreement shall not be terminated automatically, but only upon delivery to Title Company and District of written notice of termination from City. Upon City’s delivery of notice to terminate, City shall be entitled to pursue any and all legal remedies to which it is entitled at law and in equity, including but not limited to judicial action seeking specific performance and/or damages. The payment of any cancelation charges imposed by the Title Company shall be in accordance with the Joint Instructions for Close of Escrow set forth in EXHIBIT C. #2..
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B. District’s Termination for Cause and Liquidated Damages. If the City defaults in any obligations hereunder, District shall have the right, at District's election, to either: (a) rescind this Agreement and retain or receive payment of Twenty-Five Thousand and NO/100 Dollars ($25,000.00) as liquidated damages (“Liquidated Damages”), as District’s sole and exclusive remedy against City for such default; or (b) pursue an action for specific performance of City's obligations under this Agreement. The Parties agree that the Liquidated Damages amount is a reasonable sum considering all of the circumstances existing on the date of this Agreement, including the relationship of the sum to the range of harm to District that reasonably could be anticipated, and the anticipation that proving actual damages would be costly, impractical, and extremely difficult. In placing their initials at the places provided below, each Party agrees to this liquidated damages provision and confirms the accuracy of the statements in this paragraph and the fact that each Party has either sought counsel who explained the consequences of this liquidated damages provision at the time this Agreement was made or waived the right to seek counsel for this purpose. In consideration of the payment of such liquidated damages (where District elects that remedy), District shall be deemed to have waived all other claims for damages or relief at law or in equity (including any rights District may have pursuant to Civil Code sections 3389 and 1680).
City’s Initials: District’s Initials:
XV. GENERAL PROVISIONS
A. Notice. Any notice required or permitted to be given under this Agreement shall be deemed to have been given, served and received if given in writing and personally delivered or either deposited in the United States mail, registered or certified mail, postage prepaid, return receipt required, or sent by overnight delivery service or facsimile transmission, addressed as follows. Courtesy copies of the notice may be sent via email.
If to District:
Sylvan Union School District
Attn: Diolinda Peterson, Superintendent
605 Sylvan Avenue
Modesto, CA 95350
Email: [email protected]
If to City:
City of Modesto
Attn: Joseph Lopez, City Manager
P.O. Box 642
Modesto, CA 95353
Email: [email protected]
With a copy to:
Karina Samaniego, Esq.
Dannis Woliver Kelley
750 B Street, Suite 2600
San Diego, CA 92101
Email: [email protected]
Fax: (619)702-6202
With a copy to:
Any notice personally given or sent by facsimile transmission shall be effective upon receipt.
Any notice sent by overnight delivery service shall be effective the business day next following delivery thereof to the overnight delivery service. Any notice given by mail shall be effective five (5) days after deposit in the United States mail.
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B. Time of Essence; Dates. Time is of the essence of each provision of this Agreement in which time is an element. Unless the context otherwise requires, all periods terminating on a given day, period of days, or date shall terminate at 5:00 p.m. (Pacific Time) on such date or dates. References to “days” shall refer to calendar days except if such references are to “business days” which shall refer to days which are not a Saturday, Sunday or a legal holiday under Section 6700 of the California Government Code. In the event that any date specified in this Agreement falls on a non-business day, such date shall be deemed to be the succeeding business day.
C. Entire Agreement of Parties. This Agreement constitutes the entire Agreement between the Parties and supersedes all prior discussions, negotiations and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by the District and the City.
D. Joint and Several Liability. If City under this Agreement is comprised of more than one person or entity, each such person shall be jointly and severally liable for the obligations and representations of District under this Agreement.
E. California Law. This Agreement shall be governed by and the rights, duties, and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California.
F. Attorneys’ Fees. If either Party files any action or brings any proceedings against the other arising out of this Agreement, or is made a Party to any action or proceeding brought by the Title Company, then, as between the Parties, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.
G. Waiver. No waiver by either Party of any provision of this Agreement shall be considered a waiver of any other provision or of any subsequent breach of the same or any other provision, including the time for performance of any such provision. The exercise by a Party of any remedy provided in this Agreement or at law shall not prevent the exercise by that Party of any other remedy provided in this Agreement or at law or in equity.
H. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, and assigns.
I. Captions. The captions contained in this Agreement are for convenience only and shall not in any way affect the meaning or interpretation hereof nor serve as evidence of the interpretation hereof, or of the intention of the Parties.
J. Disputes. Any actions or proceedings arising under, growing out of, or in any way related to this Agreement shall be instituted and prosecuted only in courts located in the County of Stanislaus, State of California.
K. Representation by Counsel. The parties respectively acknowledge that they have been represented by counsel of their choice throughout the negotiations that preceded the execution of this Agreement and that they have read this Agreement, have had the opportunity to review this Agreement with counsel and are fully aware of and understand all of its terms and the legal consequences thereof. The Parties further respectively acknowledge that they have, through their respective counsel, mutually participated in the preparation of this Agreement and that no provision herein shall be construed against any party by virtue of the activities of that party or its attorneys. Each of the Parties further represents and declares that it signs the Agreement freely and voluntarily.
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY PAGE 11
AND JOINT ESCROW INSTRUCTIONS
L. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid, or illegal.
M. Survival of Warranties, Covenants, and Obligations. Only the warranties, covenants, and obligations of each of the Parties expressly specified in this Agreement shall survive the Close of Escrow through which the conveyance and funding is consummated.
N. Incorporation of Recitals and Exhibits. The Recitals and the Exhibits attached to this Agreement are hereby incorporated into this Agreement by reference.
O. Counterparts and Copies. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together shall be construed as one document. A photocopy or electronic copy of the executed Agreement shall have the same force and effect as an original for all purposes. [SIGNATURES AND EXHIBITS FOLLOW.]
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY PAGE 12
AND JOINT ESCROW INSTRUCTIONS
The Parties have executed this Agreement on the dates indicated below, but to be effective upon the Effective Date indicated on the first page.
DISTRICT:
Date:
SYLVAN UNION SCHOOL DISTRICT, a
California public school district
By:
Diolinda Peterson, Superintendent
CITY:
Date:
CITY OF MODESTO, a political subdivision of
the State of California
By:
Joseph Lopez, City Manager
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY EXHIBIT A
AND JOINT ESCROW INSTRUCTIONS
EXHIBIT A
THE PROPERTY
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY EXHIBIT A
AND JOINT ESCROW INSTRUCTIONS
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY EXHIBIT A
AND JOINT ESCROW INSTRUCTIONS
[END OF EXHIBIT A.]
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY EXHIBIT B
AND JOINT ESCROW INSTRUCTIONS
EXHIBIT B
HAZARDOUS SUBSTANCES
As used in this Agreement, the term “hazardous substances” means any hazardous, toxic, and/or harmful substance, material, component, subcomponent, product, byproduct, and/or waste that is now, or will become, regulated or prohibited pursuant to all applicable laws, regulations, ordinances, and binding actions of the United States Government, the State of California, a local governmental authority, or any subdivision thereof, including, but not limited to, the United States Environmental Protection Agency, the California Environmental Protection Agency and its constituent boards, departments, and offices (including, but not limited to, the State Water Resources Control Board, Regional Water Quality Control Boards, Department of Toxic Substances Control, and Department of Pesticide Regulation), the State Department of Public Health, and local governmental operations equivalent thereto.
Furthermore, the term “hazardous substances” as used in this Agreement includes, without limitation, any substance, material, component, subcomponent, product, byproduct, or waste that is or may be reasonably defined as: (i) “hazardous waste” under Section 6903(5) of the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.); (ii) a “hazardous substance” under Section 9601(14) of the Comprehensive Environmental Response, Compensation and Liability Act (“Superfund”) (42 U.S.C. § 9601 et seq.); (iii) a “toxic pollutant” under Section 1317(a) of the Federal Water Pollution Control Act (33 U.S.C. § 1311 et seq.); (iv) a “contaminant” under Section 300f(6) of the Safe Drinking Water Act (42 U.S.C. § 300f et seq.); (v) material creating “unreasonable adverse effects on the environment” under Section 136(z)(bb) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq.); (vi) “hazardous air pollutants” under Section 7412(b) of the Clean Air Act (42 U.S.C. § 7401 et seq.); (vii) a “byproduct material” under Section 2014(e) of the Atomic Energy Act (42 U.S.C. § 2011 et seq.); (viii) a “hazardous substance” under Section 13050(p) of the Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); (ix) “hazardous waste” under Section 25117(a) of the Hazardous Waste Control law (Health and Safety Code § 25100 et seq.); (x) “hazardous waste” under Section 25208.2(k) of the Toxic Pits Cleanup Act (Health and Safety Code § 25208 et seq.); (xi) “hazardous waste” under Section 25159.12 of the Toxic Injection Well Control Act (Health and Safety Code § 25159.10 et seq.); (xii) a “hazardous substance” under Section 252814(h) of the Underground Storage of Hazardous Substances Law (Health and Safety Code § 25280 et seq.); (xiii) a “hazardous substance” under Section 25316 of the Carpenter-Presley-Tanner Hazardous Substance Account Law (Health and Safety Code § 25300 et seq.); (xiv) a “hazardous material” under Section 25395.74 of the California Land Reuse and Revitalization Act (Health and Safety Code § 25395.60 et seq.); (xv) a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501(p-r) of the Hazardous Materials Release Response Plans and Inventory law (Health and Safety Code § 25500 et seq.); (xvi) substances regulated under the Toxic Mold Protection Act (Health and Safety Code § 21600 et seq.); (xvii) chemicals of carcinogenic and reproductive toxicity regulated under the Safe Drinking Water and Toxic Enforcement Act (Proposition 65) (Health and Safety Code § 25249.5 et seq.); (xviii) “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,” a “hazardous substance,” or a “hazardous material,” as those terms are defined, in relation to the terms and conditions of this Agreement and this Exhibit, throughout Division 20, Chapters 1 through 20, inclusive, of the Health and Safety Code; (xix) petroleum; (xx) methyl tert-butyl ethers (MTBEs); (xxi) asbestos; (xxii) lead; (xxiii) mercury; (xxiv) dichlorodiphenyltrichloroethane (DDT); (xxv) polychlorinated biphenyl (PCBs); and (xxvi) chlorofluorocarbons (CFCs). [END OF EXHIBIT B.]
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AGREEMENT FOR CONVEYANCE AND FUNDING OF REAL PROPERTY EXHIBIT C
AND JOINT ESCROW INSTRUCTIONS
EXHIBIT C
JOINT ESCROW INSTRUCTIONS
[TO BE INSERTED AFTER THREE PARTIES’ MUTUAL AGREEMENT.] [END OF EXHIBIT C.]
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-1
EXHIBIT C
JOINT ESCROW INSTRUCTIONS
These Joint Escrow Instructions (“Instructions”) are entered into by and among the
TRUSTEES OF THE JACK AND ARLISS PICKREL LIVING TRUST, DATED NOVEMBER 23, 2005 (“Trust”); the SYLVAN UNION SCHOOL DISTRICT, a California public school district in the County of Stanislaus (“District”); and CITY OF MODESTO, a political subdivision of the State of California (“City”), and are acknowledged and accepted by the CHICAGO TITLE COMPANY, located at 1700 Standiford Ave, Ste 110, Modesto, CA 95350, as escrow holder (“Escrow Holder”). The Trust, District, and City may be collectively referred to as the “Parties” herein.
These Instructions are intended to provide for a single escrow that covers two separate land conveyance transactions, with the express understanding that the two transactions are fully cross-conditioned and must close, if at all, concurrently.
I. REFERENCED AGREEMENTS
A. The Agreements. The Parties are entering into these Instructions in connection with the following agreements:
1. District-Trust Agreement. The District and the Trust have entered into an Agreement for the Purchase and Sale of Real Property and Joint Escrow Instructions, under which the Trust has agreed to sell, and the District has agreed to purchase, real property owned by the Trust (“District-Trust Agreement”), consisting of approximately 1.89 acres from the northern portion of the parcel with APN 083-004-048 and located at 2519 Sylvan Avenue in the City of Modesto, California (“Trust Property”), as legally described in Exhibit “A” to the District-Trust Agreement.
2. District-City Agreement. The District and the City have entered into an Agreement for the Conveyance and Funding of Real Property and Joint Escrow Instructions, under which the City has agreed to fund one hundred percent (100%) of the Deposit, Purchase Price, and Closing Costs under the District-Trust Agreement (as those terms are defined therein), for the District’s purchase of the Trust Property, and the District has agreed to convey to City the real property owned by the District (“District-City Agreement”), consisting of approximately 82,219 square feet along the northern and eastern boundaries of the parcel with APN 083-004-089, located in the City of Modesto, California (“District Property”).
B. Definitions and References. For purposes of these Instructions the following definitions and references shall apply:
1. The District-Trust Agreement and District-City Agreement may each be referred to in the singular as an “Agreement,” and together as the “Agreements.”
2. Each real property transaction contemplated under an Agreement may be referred to in the singular as a “Transaction,” and together as the “Transactions.”
3. The closing of both Transactions through the escrow is the “Closing” or “Close of Escrow.”
II. OPENING ESCROW
A. The Parties hereby authorize and instruct Escrow Holder to open escrow and handle funds as follows:
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-2
1. Establishment of One Escrow. The Parties instruct Escrow Holder to open and administer one escrow under the same escrow number for both Transactions, with the City opening escrow pursuant to Section III of the District-City Agreement.
Although the Transactions arise under separate Agreements and involve separate properties, deeds, and title matters, the Parties direct Escrow Holder to handle them in a coordinated manner through a single escrow file and closing process. Escrow Holder may maintain separate internal accounting for each Transaction while administering both through one escrow.
2. Controlling Instructions. Escrow Holder shall administer the Escrow in accordance with: (a) these Instructions; (b) the applicable provisions of each Agreement; and (c) any later joint written instructions that may be issued and signed by all Parties whose rights are affected. If these Instructions conflict with either Agreement, or if the Agreements conflict with one another in a manner affecting escrow administration, Escrow Holder may suspend action on the affected matter until receiving clarifying written instructions signed by the affected Parties.
3. Deposits and Closing Funds. Escrow Holder is authorized to receive and hold all earnest money deposits, additional deposits, and closing funds delivered under either Agreement. Even though both Transactions are administered in one escrow, Escrow Holder shall maintain records sufficient to identify: (a) deposits attributable to the DistrictTrust Agreement; (b) deposits attributable to the District-City Agreement; and (c) any shared fees, credits, or coordinated disbursement items.
4. Application of Funds. Unless the Parties otherwise instruct in writing:
(a) funds attributable to the District-Trust Agreement shall be applied only to the DistrictTrust Agreement; (b) funds attributable to the District-City Agreement shall be applied only to the District-City Agreement; and (c) no funds for one Transaction may be reallocated to the other without written authorization from the Parties whose funds are affected.
III. CLOSING ESCROW
A. Concurrent Closing; No Partial Closing. The Parties expressly direct that the Transactions are cross-conditioned and shall close only as a single coordinated closing event. Accordingly, Escrow Holder shall not close either Transaction, including without limitation recording a grant deed or disbursing seller proceeds, unless the other Transaction is also then in a condition to close. No partial closing shall occur absent subsequent written instructions expressly authorizing a separate closing, signed by all Parties.
B. Close of Escrow. Close of Escrow for both Transactions shall occur within fourteen (14) days following the conclusion of the District’s Due Diligence Period pursuant to the District-Trust Agreement, including any extension thereof, or as revised in writing by the Parties.
C. Closing Costs. At least three (3) days prior to the Close of Escrow, City shall deposit or cause to be deposited with Escrow Holder, in cash or a certified, bank cashier’s or treasury check made payable to Escrow Holder or a confirmed wire transfer of funds, the amount of Escrow Holder’s estimate of all Closing Costs for both Transactions.
D. Grant Deeds/Certificates of Acceptance.
1. Trust Property/District-Trust Agreement:
a. At least three (3) days prior to the Close of Escrow, Trust shall deposit with the Title Company the executed and notarized Grant Deed conveying to #2..
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-3
District good and marketable fee simple title to the Trust Property, subject only to the Permitted Exceptions (defined below).
b. To accompany the Grant Deed conveying the Trust Property to District, at least three (3) days prior to the Close of Escrow, District shall deposit with the Title Company an executed Certificate of Acceptance, as authorized by the District’s Governing Board.
2. District Property/District-City Agreement:
a. At least three (3) days prior to the Close of Escrow, District shall deposit with the Title Company the executed and notarized Grant Deed conveying to City good and marketable fee simple title to the District Property, subject only to the Permitted Exceptions.
b. To accompany the Grant Deed conveying the District Property to City, at least three (3) days prior to the Close of Escrow, City shall deposit with the Title Company an executed Certificate of Acceptance, as authorized by the Modesto City Council.
E. Conveyance of Title. At the Close of Escrow, Trust shall convey to District title to the Trust Property, and District shall convey to City title to the District Property, in fee simple by recordation of the Grant Deeds clear of all title defects, liens, encumbrances, deeds of trust and mortgages except the lien for real property taxes, if any, for the current fiscal year not yet due, any easements and title exceptions of record, and such other exceptions to title, which have either been approved in writing by the affected party or pursuant to the Agreements (collectively, the “Permitted Exceptions”).
F. Delivery of District Property to City; Title Insurance.
1. Delivery of District Property. On Close of Escrow, District shall deliver the District Property to City in substantially the same condition, reasonable wear and tear excepted, as of the Effective Date of the District-City Agreement. District shall deliver the District Property to City free and clear of any lease, licenses, other rights of possession, and/or other encumbrance on the District Property, with the removal of any tenants or business operations ceased onsite before Close of Escrow (if applicable), but otherwise subject to the Permitted Exceptions. If applicable, at least three (3) days prior to the Close of Escrow, District shall deposit with the Title Company the executed termination of lease documents effectively and legally cancelling any tenants’ rights of possession and rights to operate on the District Property as of the Close of Escrow.
2. Issuance of Title Insurance. Evidence of title to the District Property shall be the issuance at Close of Escrow by the Title Company of a CLTA or ALTA owner’s policy of title insurance in the full amount of the Purchase Price, insuring fee simple title to the District Property in the condition required by the District-City Agreement and these Instructions and containing such endorsements as City shall require. Indemnification of the unpermitted exception to title shall not be allowed except with the prior consent of City after full disclosure to City of the nature and substance of such exception and indemnity.
G. Delivery of Trust Property to District; Title Insurance.
1. Delivery of Trust Property. On Close of Escrow, Trust shall deliver the Trust Property to District in substantially the same condition, reasonable wear and tear excepted, as of the Effective Date of the District-Trust Agreement. Trust shall deliver the Trust Property to District free and clear of any lease, licenses, other rights of possession, and/or other encumbrance on the Trust Property, with the removal of all tenants, and all #2..
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-4
business operations ceased onsite before Close of Escrow (if applicable), but otherwise subject to the Permitted Exceptions. If applicable, at least three (3) days prior to the Close of Escrow, Trust shall deposit with the Title Company the executed termination of lease documents effectively and legally cancelling any tenants’ rights of possession and rights to operate on the Trust Property as of the Close of Escrow.
Except as otherwise stated in the District-Trust Agreement, Trust shall be solely responsible for any and all fees, costs and expenses (including attorneys’ fees and costs) of clearing title assumed, as well as any and all fees, costs, and expenses associated with the termination of existing leases, licenses, rental agreements and/or other rights of possession or encumbrances of title on the Trust Property, and the removal of all tenants, if any, prior to the Close of Escrow, including, but not limited to, relocation benefits, if any, and the removal of Trust’s and/or tenants’ personal property/chattels. District shall not be liable for any costs or expenses associated with the removal of tenants or the termination of any leases, subleases, rental agreement, tenancy, property interest, right of possession, lien, or encumbrance of any kind on or related to the Trust Property, including, without limitation, the payment of relocation benefits.
2. Issuance of Title Insurance. Evidence of title to the Trust Property shall be the issuance at Close of Escrow by the Title Company of an ALTA extended policy of title insurance in the full amount of the Purchase Price, insuring fee simple title to the Trust Property in the condition required by the District-Trust Agreement and containing such endorsements as District shall require.
H. Closing Fees and Cost. Fees and costs for the Transactions shall be paid as follows:
1. District-City Agreement:
a. District is solely responsible for and will pay:
i. If applicable, any and all monetary liens, claims, or mortgages encumbering the District Property.
ii. If applicable, prorated real property taxes and interest on any assessment that constitutes a lien on the District Property, based on the most current real property tax bill, including any additional property taxes that may be assessed after the Close of Escrow but that relate to a period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. b. City is solely responsible for and will pay:
i. 100% of the premium for any CLTA standard or ALTA
Extended Coverage Title Insurance Policy and all endorsements requested thereon by City. ii. 100% of the Title Company’s fees and costs; City will pay Title Company’s fees and other customary charges for document drafting, recording, and miscellaneous charges for the Title Company.
iii. If applicable, all transfer taxes, including the city or county documentary transfer tax imposed pursuant to the County Documentary Transfer Tax Act, if any are payable in connection with the recordation of the Grant Deed. iv. If applicable, pro-rated taxes and interest on bonds to the Close of Escrow.
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-5
2. District-Trust Agreement
a. Trust is solely responsible for and will pay:
i. Any and all liens, claims, or mortgages encumbering
the Trust Property caused by Trust, if applicable.
ii. Prorated real property taxes and interest on any
assessment that constitutes a lien on the Trust Property, based on the most current real property tax bill, including any additional property taxes that may be assessed after the Close of Escrow but that relate to a period prior to the Close of Escrow, regardless of when notice of those taxes is received or who receives the notice. b. City is solely responsible for and will pay on behalf of District:
i. 100% of the premium of an ALTA extended coverage
title insurance policy, including any requested endorsements requested by District. ii. If applicable, all transfer taxes, including the city or county documentary transfer tax imposed pursuant to the County Documentary Transfer Tax Act, if any, payable in connection with the recordation of the Grant Deed. iii. 100% of the Title Company’s fees and costs; City will pay Title Company’s fees and other customary charges for document drafting, recording, and miscellaneous charges for the Title Company.
I. Conditions to Close. Escrow Holder shall be authorized to close only after it has received, for both Transactions:
1. All required executed closing documents;
2. All required Closing funds, including without limitation the balance of the Purchase Price under the District-Trust Agreement and all Closing Costs for both Transactions, in immediately available form, from the City;
3. Title Company confirmation that the applicable title coverage can be issued as contemplated, subject only to permitted exceptions and customary conditions;
4. Recording packages in a form acceptable for recording;
5. Payoff information sufficient to satisfy monetary liens and encumbrances; and
6. Final closing statements signed by the Parties or other written authorization to disburse.
If one Transaction is not then capable of closing in accordance with its Agreement and these Instructions, neither Transaction shall close.
J. Title and Recording Coordination. Escrow Holder shall ensure that title and recording for both Transactions are handled as one coordinated closing event. Escrow Holder is instructed to:
1. Release transfer documents for recording only when both Transactions are ready to close as agreed to by all Parties in writing; #2..
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-6
2. Record the Grant Deeds in the following order: (1) the Grant Deed conveying the Trust Property from Trust to District; (2) the Grant Deed conveying the District Property from District to City.
3. Coordinate payoff, release, and related recording matters in the sequence reasonably necessary for both Closings; and
4. Suspend Closing if Escrow Holder learns before final disbursement that one deed or one recording package cannot be recorded as intended.
K. Closing Statements, Costs, and Disbursements. Escrow Holder shall prepare separate closing statements for each Transaction, and at the request of any Party, one coordinated package with transaction-by-transaction breakout. Escrow Holder may disburse funds only when both Transactions satisfy the concurrent closing requirements of these Instructions.
IV. EFFECT OF FAILURE OR TERMINATION OF AN AGREEMENT. If the District-Trust Agreement or District-City Agreement is terminated before Closing, or if either Transaction otherwise fails to close, Escrow Holder shall suspend Closing activity for both Transactions unless all Parties jointly instruct otherwise in writing. Following any such failure or termination, Escrow Holder shall continue to hold funds and documents pending: (a) joint written instructions from the Parties; (b) a final non-appealable court order; or (c) other disposition permitted or required by applicable law.
Escrow Holder shall have no duty to determine whether any asserted termination, default, or dispute is valid. If the Parties later wish to proceed with only one Transaction despite the original cross-condition, Escrow Holder may require revised written instructions expressly addressing: (a) waiver or modification of the concurrent-closing requirement; (b) authorization for any isolated closing; and (c) disposition of funds, documents, costs, and liabilities relating to the transaction that did not close.
V. GENERAL PROVISIONS
A. Escrow Holder Authority and Protections. Escrow Holder acts solely as a limited escrow holder and shall have only the duties expressly stated in these Instructions, applicable law, and any later written instructions signed by the Parties and accepted by Escrow Holder. Without limiting the foregoing:
1. Escrow Holder has no duty to interpret the Agreements or resolve disputes among the Parties.
2. Escrow Holder may rely in good faith on documents, signatures, notices, wire instructions, payoff demands, and communications from legal counsel believed to be authentic and authorized.
3. Escrow Holder may decline to act on any instruction that is ambiguous, contradictory, incomplete, unauthorized, or that in Escrow Holder’s good-faith judgment is inconsistent with applicable law or recording or title requirements.
4. In the event of a dispute, Escrow Holder may continue to hold funds and documents pending joint written instructions signed by the Parties or court order, and may pursue interpleader or similar relief to the extent permitted by law.
B. Time of Essence; Dates. Time is of the essence with respect to stated deadlines, subject to the Agreements and any written extensions. Unless the context otherwise requires, all periods terminating on a given day, period of days, or date shall #2..
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-7
terminate at 5:00 p.m. (Pacific Time) on such date or dates. References to “days” shall refer to calendar days except if such references are to “business days” which shall refer to days which are not a Saturday, Sunday or a legal holiday under Section 6700 of the California Government Code. In the event that any date specified in an Agreement or these Instructions falls on a non-business day, such date shall be deemed to be the succeeding business day.
C. Amendment. Any amendment to these Instructions must be in writing and signed by the Parties, and accepted by Escrow Holder to the extent it imposes duties on Escrow Holder.
D. California Law. These Instructions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts-of-law principles. Any action or proceeding arising out of or relating to these Instructions or the Escrow Holder shall be brought only in a court located in County of Stanislaus, California.
E. Conflicts with Agreements. In the event of any conflict or inconsistency between the Agreements and these Instructions, Escrow Holder shall continue to hold funds and documents pending joint written instructions signed by the Parties regarding resolution of such conflict or inconsistency.
F. Counterparts and Copies. These Instructions may be executed in counterparts and all amendments and supplements may be executed in counterparts, and all counterparts together shall be construed as one document. A photocopy or electronic copy (including DocuSign) of the executed Instructions shall have the same force and effect as an original for all purposes.
[SIGNATURE PAGE FOLLOWS.]
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JOINT ESCROW INSTRUCTIONS EXHIBIT C-8
The Parties have executed these Instructions on the dates indicated below.
DISTRICT:
Date:
SYLVAN UNION SCHOOL DISTRICT, a
California public school district
By:
Diolinda Peterson, Superintendent
TRUST:
Date:
TRUSTEES OF THE JACK AND ARLISS
PICKREL LIVING TRUST, DATED
NOVEMBER 23, 2005
By:
Albert Jackson, Trustee
By:
Craig Jackson, Trustee
By:
Mark Jackson, Trustee
By:
Brian Jackson, Trustee
CITY:
Date:
CITY OF MODESTO, a political subdivision
of the State of California
By:
Joseph P. Lopez, City Manager
Attest:
By:
Diane Nayares-Perez, City Clerk
Approved as to form:
By:
Jose M. Sanchez, City Attorney
ESCROW HOLDER ACKNOWLEDGMENT AND ACCEPTANCE
Chicago Title Company as Escrow Holder, acknowledges receipt of and agrees to act in accordance with these Instructions, subject to applicable California law and Escrow Holder’s customary internal procedures.
By: ____________________________________________
Name: __________________________________________
Title: ___________________________________________
Date: ___________________________________________
[END OF EXHIBIT C.]
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 22, 2026
Date: May 1, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Pipe Saddles Agreement
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571- 5174
DESCRIPTION:
Consider an Agreement for the purchase of Pipe Saddles to Pace Supply, Sacramento, CA for a total amount not to exceed $225,587 over five (5) years and forwarding to Council for approval. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2025-2026 City of Modesto Strategic Plan Area:
Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J “build a high-performance organization”.
BACKGROUND:
The Finance Department, Central Stores Division inventories pipe saddle materials, supplies and equipment for the Utilities Department, Water Division for the use in setup and repair and installation of water main lines.
Competitively bidding and inventorying these products benefits the City in ways including the following:
• Obtaining best pricing through economies of scale
• Products readily available in one (1) location
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Finance Committee, June 22, 2026
Pipe Saddles Agreement
• Staff time reduction in processing one-time bids throughout the year On May 17, 2023, Request for Bid No. Informal (RFB-INF) 23-19 solicited the procurement of Pipe Saddles.
On June 15, 2023, the Purchasing Division awarded Ferguson Waterworks, Modesto, CA a purchasing agreement for Pipe Saddles for a one-year with one (1) one-year extension option for an estimated annual amount of $24,000 and a total amount not to exceed $48,000 over two (2) years.
On June 18, 2024, the City Manager approved a First Amendment with Ferguson Waterworks, Modesto, CA to the Purchasing Agreement for the purchase of Pipe Saddles, by increasing the total paid by the City to Vendor over the full term of the Agreement shall not to exceed $100,000 over the full term of the Agreement.
On July 9, 2025, the City Manager approved a Second Amendment with Ferguson Waterworks, Modesto, CA, by extending the term of the agreement for an additional one-year period through June 14, 2026.
DISCUSSION:
On October 9, 2025, the City Manager authorized the Purchasing Manager to solicit the procurement for Pipe Saddles. On February 3, 2026, the Purchasing Division issued Invitation to Bids (IFB)-00051, Pipe Saddles, on the City’s OpenGov public bidding website under various commodity codes1. Prospective bidders were notified online, which included 478 vendors and five (5) local vendors via email of the bid opportunity. 33 companies downloaded the IFB document from OpenGov and five (5) were local vendors.
On March 3, 2026, bids were formally opened by the City Clerk and broadcast via Microsoft Teams Livestream. Three (3) chose to respond, there was one (1) local bid received. Based on providing the lowest responsive and responsible bid, City staff recommended to award the purchase of Pipe Saddles to Pace Supply Sacramento, CA for a one (1) year agreement with four (4) one-year extension options for an estimated annual amount of $45,117 and a total amount not to exceed $225,587 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 purchase of Pipe Saddles for 1 57800 Miscellaneous Products
65800 Pipe, Tubing, and Accessories (Not Fittings)
65900 Pipe and Tubing Fittings
89000 Water Supply, Groundwater, Sewage Treatment and Related Equipment (Not for Air Conditioning, Steam Boiler, or Laboratory Reagent Water)
89087 Water Treatment Equipment (Not Otherwise Classified) #3..
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Finance Committee, June 22, 2026
Pipe Saddles Agreement
Finance use to Pace Supply Sacramento, CA conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Pace Supply Sacramento, CA was the lowest responsive and responsible bidder.
FISCAL IMPACT:
Expenditures over the past three (3) years for the purchase of Pipe Saddles under the current agreement are listed below:
Agreement Year Total
Year 1 $37,649
Year 2 $33,470
Year 3 (YTD) $28,259
Grand Total $99,378
The table below shows the projected expenditure, with the first year fixed and a 5.8% increase annually in years two (2) through five (5).
Agreement Year Total
Year 1 $40,000
Year 2 $42,320
Year 3 $44,775
Year 4 $47,372
Year 5 $51,120
Grand Total $225,587
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 projected expenditures were included in the Fiscal Year 2026-27 Water Fund operating budget.
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 COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Award of Bid and Agreement for the purchase of Pipe Saddles to Pace Supply, Sacramento, CA, for one (1) year agreement with four (4) oneyear extension options, for an estimated annual amount of $45,117 and a total amount not to exceed $225,587 over five (5) years and forwarding to Council for approval. #3..
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Finance Committee, June 22, 2026
Pipe Saddles Agreement
Approved by:
DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Agreement – Pace Supply
2. Exhibit B – Bid Submittal
3. Exhibit C – IFB-00051
4. Exhibit D – Price Schedule
5. Cost Abstract
6. CA Levine Act
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1 ANNUAL PURCHASE AGREEMENT
PACE SUPPLY CORPORATION - AGREEMENT #322929
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 Pace Supply Corp, a California corporation, hereinafter called VENDOR,
WHEREAS, the Modesto City Council adopted Resolution No. 2026 - ______ authorizing the Award of Bid and agreement for Pipe Saddles 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 Pipe Saddles as described in IFB-00051, 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 01, 2026 through June 30, 2027
Year 2: July 01, 2027 through June 30, 2028
Year 3: July 01, 2028 through June 30, 2029
Year 4: July 01, 2029 through June 30, 2030
Year 5: July 01, 2030 through June 30, 2031
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2 2. PRICING:
A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $45,117. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $225,587.
B. The AGREEMENT pricing is attached hereto as Exhibit D. Pricing during AGREEMENT Year one 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 one (1) year 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’ Producer Price Index (PPI) Series ID: PCU3329133329136 (Plumbing fixture fitting and trim manufacturing - Miscellaneous metal and nonmetal plumbing fixtures, fittings, and trim, not seasonally adjusted).
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 30 terms via CITY's ePay Program.
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. #3..
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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, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid purchase order or AGREEMENT. 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 #3..
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5 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 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:
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6 VENDOR: Pace Supply Corp
Attention: Bernie Howell
4015 Newton Road
Stockton, CA 95205
(559) 246-8104
[email protected]
CITY: City of Modesto
Purchasing Division
Attention: Melvin Rosal
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 day of , 2026 and Pace Supply Corp, has caused this Agreement to be duly executed.
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City of Modesto, CA Finance DeAnna Christensen, Director of Finance PO BOX 642, Modesto, CA 95353 [PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles RESPONSE DEADLINE: March 3, 2026 at 11:00 am Report Generated: Monday, March 23, 2026 PACE SUPPLY Response CONTACT INFORMATION Company: PACE SUPPLY Email: [email protected] Contact: Steven Wright Address: 8400 24th Avenue Sacramento, CA 95826 Phone: (916) 343-9437 Website: www.pacesupply.com Submission Date: Feb 23, 2026 1:22 PM (Pacific Time) #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Feb 23, 2026 11:47 AM by Steven Wright QUESTIONNAIRE 1. Acknowledgements IFB ACKNOWLEDGEMENT* The Bidder submitting acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to provide the goods f, this includes any forms for the pricing proposed on the Pricing Schedule. By checking the "please confirm" box below, you acknowledge the above statement. Confirmed 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. Confirmed 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. #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 3B. 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. By checking the "please confirm" box below, you acknowledge the above statement. Confirmed 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 60 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. C. A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California. By checking the "please confirm" box below, you acknowledge the above statement. Confirmed PATENT INDEMNITY* Bidder Acknowledges:
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles Bidders who do business with the City shall hold the City, its officers, agents and employees, harmless from liability of any nature of kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Agreement or Purchase Order. By checking the "please confirm" box below, you acknowledge the above statement. Confirmed 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. By checking the "please confirm" box below, you acknowledge the above statement. Confirmed RIGHTS AND REMEDIES OF CITY FOR DEFAULT* Bidder Acknowledges: [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 4A. 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. #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 5B. 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. Confirmed PAYMENT TERMS AND METHODS* BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS: Option A (Preferred): City of Modesto ePay Payment: receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information: 16-digit credit card number Expiration date Security code Total dollar amount of invoices to be paid Invoices reference numbers and corresponding amounts ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City n about enrolling in MasterCard ePay program can be obtained Option B Manual Check: On net 45 day timing, the City will mail a hardcopy check to the bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the net 45 day #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles period. Additional time should be estimated by the bidder for the check to be in transit, and to await deposit and clearance by bidder staff. Option A - ePay (Preferred) DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?* Yes PLEASE ENTER THE PREFERRED EMAIL ADDRESS TO SET UP EPAY.* [email protected] 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 goods, 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 of the purchasing body tender's final payment to the bidder. By checking the "please confirm" box below, you acknowledge the above statement. Confirmed 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 an Agreement or Purchase Order resulting from this Bid. By checking the "please confirm" box below, you acknowledge the above statement. [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 6 #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles Confirmed 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. Confirmed 2[PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 7 . 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. PACE SUPPLY CORP 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. N/A TYPE OF LEGAL ENTITY* Is the Bidder Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Bidder Company is something other than one of the above options, please answer "No" here and you will be asked to provide more information after this question. #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles Yes TYPE OF LEGAL ENTITY - SELECT* Please select which of the following legal entity options under which the Bidder Company operates. Corporation LEGAL ENTITY STATE OF REGISTRATION* In which State is the Bidder Company registered? CALIFORNIA BIDDER COMPANY HEADQUARTERS ADDRESS* Please provide the full street address for the headquarters of the Bidder Company. Be sure to include the following: [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 8 Full Street Address City State Country Postal Code 1500 Valley House Drive, Suite #200 Rohnert Park California USA 94928 #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles BIDDER COMPANY WEBSITE ADDRESS* Please provide the full company website address for the Bidder Company. www.pacesupply.com CONTACT PERSON DETAILS* Please provide the following information for the Contact person for this bid: [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 9 Name Title Phone (Office) Phone (Mobile) Mailing Address (Street Address, City, State, Postal Code) Fax Number Email Steven Wright Waterworks Sales 209-463-7593 916-343-9437 4015 Newton Road, Stockton, CA 95205 209-463-7595 [email protected] FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)* #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles Please provide the Bidder Company's Federal Taxpayer Identification Number here. 68-0335304 DUNS & BRADSTREET (DUNS) NUMBER Please provide the Bidder Company's Duns & Bradstreet (DUNS) Number here. 019909043 BIDDER OFFICER NAMES AND TITLES* Please provide the Names and Titles of the Top Three Bidder Officers in the following manner: [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 10 Full Name, Full Title Full Name, Full Title Full Name, Full Title Steven Wright, Waterworks Sales Bernie Howell, Waterworks Sales Rick Merri, Waterworks Valley Manager YEARS IN BUSINESS* For how long has the Bidder Company been in business? Please indicate in number of years. 32 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 #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 11 State Country Postal Code 4015 Newton Road Stockton California USA 95205 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. No 3. City Forms BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS* Does the Bidder have any exceptions, clarifications, or amendments to this IFB, sample agreement, or its associated specifications? No BIDDER CUSTOMER REFERENCES* Please download the below documents, complete, and upload. Bidder_Customer_References.pdf Bidder_Customer_References_(1).pdf #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles FINANCIAL INTEREST DISCLOSURE* Please download the below documents, complete, and upload. [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 12 Financial_Interest_Disclosu... Financial_Interest_Disclosure__IFB.pdf 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. No BIDDER COMPANY HISTORY STATEMENT* Please download the below documents, complete, and upload. Bidder_Company_History.docx Bidder_Company_History.docx BIDDER WARRANTY STATEMENTS* Please download the below documents, complete, and upload. Bidder_Warranty_Statements.pdf Bidder_Warranty_Statements.pdf SUBCONTRACTORS?* Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? No #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles CALIFORNIA LEVINE ACT DISCLOSURE* Please download the below documents, complete, and upload. [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 13 Modesto_Levine_Act_Statemen... Modesto_Levine_Act_Statement_Form.pdf 4. 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. MODESTO_INFO.pdf SUBMITTAL CONFIRMATION* Bidder hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal. By checking the "please confirm" box below, you certify the above statement. Confirmed PRICE TABLES Line Item COM Part # Description Quantity Unit of Measure Unit Cost Total No Bid 1 125200 SADDLE BRONZE 4" X 2" IP AC 1 Each $140.61 $140.61 2 125220 SADDLE BRONZE 6" X 2" IP AC 19 Each $163.87 $3,113.53 #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 14 Line Item COM Part # Description Quantity Unit of Measure Unit Cost Total No Bid 3 125240 SADDLE BRONZE 8" X 2" IP AC 20 Each $185.05 $3,701.00 4 125260 SADDLE BRONZE 10" X 2" IP AC 12 Each $253.93 $3,047.16 5 125270 SADDLE BRONZE 12" X 2" IP AC 1 Each $268.80 $268.80 6 125400 SADDLE BRONZE 4" X 2" IP C900 10 Each $108.50 $1,085.00 7 125410 SADDLE BRONZE 6" X 1" IP C900 32 Each $59.20 $1,894.40 8 125420 SADDLE BRONZE 6" X 2" IP C900 44 Each $111.71 $4,915.24 9 125430 SADDLE BRONZE 8" X 1" IP C900 140 Each $82.88 $11,603.20 10 125440 SADDLE BRONZE 8" X 2" IP C900 7 Each $127.55 $892.85 11 125455 SADDLE BRONZE 10" X 1" IP C900 11 Each $223.99 $2,463.89 12 125460 SADDLE BRONZE 10" X 2" IP C900 1 Each $223.99 $223.99 13 125470 SADDLE BRONZE 12" X 1" IP C900 6 Each $241.30 $1,447.80 14 125480 SADDLE BRONZE 12" X 2" IP C900 50 Each $241.30 $12,065.00 15 125600 SADDLE 4" X 2" IP ODS 1 Each $64.93 $64.93 16 125610 SADDLE, DI BODY TWO SS STRAPS IP 6" X 1" C900 - Epoxy Coated 1 Each $63.05 $63.05 17 125620 SADDLE 6" X 2" IP ODS 5 Each $80.11 $400.55 18 125640 SADDLE 8" X 2" IP ODS 1 Each $86.47 $86.47 19 125800 SADDLE CI/DI/C900/SDR 4" X 2" IP 4.50/4.80/5.40 - Epoxy Coated 6 Each $77.22 $463.32 20 125820 SADDLE CI/DI/C900/SDR 6" X 2" IP 6.63/6.90/7.60 - Epoxy Coated 14 Each $80.11 $1,121.54 21 125840 SADDLE CI/DI/C900/SDR 8" X 2" IP 1 Each $83.33 $83.33 #3..
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[PACE SUPPLY] RESPONSE DOCUMENT REPORT IFB No. IFB-00051 Pipe Saddles [PACE SUPPLY] RESPONSE DOCUMENT REPORT Invitation For Bid - Pipe Saddles Page 15 Line Item COM Part # Description Quantity Unit of Measure Unit Cost Total No Bid 22 125520 SADDLE, DI BODY TWO SS STRAPS 16" X 2" IP 17.40, MIN RANGE 17.30-17.50 31 Each $113.49 $3,518.19 23 125890 SADDLE DI/POWERSEAL 10" X 2" 10.62-12.12 13 Each $87.46 $1,136.98 24 125895 SADDLE DI/POWERSEAL 12" X 2" 12.62-14.32 1 Each $96.95 $96.95 TOTAL $53,897.78 #3..
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BIDDER CUSTOMER REFERENCES
Bidder must provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced IFB. Bidder’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced IFB. Bidders failing to provide references may be deemed as non-responsive.
The City may contact some or all of the references provided in order to determine the Bidder’s performance record on services similar to that described in the above-referenced IFB. The City reserves the right to contact references other than those provided in Bidder’s submission and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental Agency:
Date Range of Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental Agency:
Date Range of
Services:
Annual Contract Value $
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Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental Agency:
Date Range of
Services:
Annual Contract Value $
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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. #3..
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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 goods and related services described in this Invitation for Bids (IFB). ew statement shall be approximately one to three pages in length and inserted below:
Bidder Company Legal Name:
PACE SUPPLY CORP
Insert Bidder Logo Here (if existent):
Insert Bidder Company History Overview Statement Beginning Here: Our Mission through a commitment to education and realized opportunities.
By offering unparalleled service and diverse products, we contribute to the prosperity of our customers, our team members, their families and the communities we serve.
At PACE Supply we have a shared responsibility to do business in ways that respect, protect and benefit our customers, employees, communities, suppliers and the environment. This responsibility informs everything we do to support Our People and Our Values.
Our People
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- We believe strength is derived from the talents, ideas and experiences of our people. We believe in a workplace where all employees are valued and have the opportunity to reach their full potential is also a successful one.
Our Values
We know that competitive advantage and business growth are possible when we attract and retain the best talent. We do so by:
Attracting and retaining the best talent to drive sustainable business growth rporate responsibility
agenda
Division, (consisting of three branches Santa Rosa, Ukiah, and Napa). This acquisition resulted in PACE Supply Corp., an employee-owned and operated corporation. #3..
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- mier Bath & Kitchen Showroom opened in Santa Rosa.
ves to a new building / warehouse.
Branch moves to a new building / warehouse.
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-
branch opened.
mpleted
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-
location opened
-80 location opened
SCO (future home of PACE Supply) in Fresno
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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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PACE Supply Corp
PACE Supply Corp. is a leading wholesale distributor of plumbing supplies. With our extensive instock inventory selection of plumbing supplies, pipe, valves, fittings, and more, you’ll find what you need when you need it. PACE Supply’s knowledgeable professionals are well attuned to the local market to meet your needs. Time is money. We’ll help you make the most of it.
With over 20 wholesale locations, and four Premier Bath & Kitchen showrooms in California and Hawaii, we’re proud to serve our customers internationally.
Our Mission
PACE Supply is dedicated to creating an environment that enhances our team members’ quality of life through a commitment to education and realized opportunities.
At PACE Supply we have a shared responsibility to do business in ways that respect, protect and benefit our customers, employees, communities, suppliers and the environment. This responsibility informs everything we do to support Our People and Our Values.
Our People
We believe strength is derived from the talents, ideas and experiences of our people. We believe in a workplace where all employees are valued and have the opportunity to reach their full potential is also a successful one.
Our Values
We know that competitive advantage and business growth are possible when we attract and retain the best talent. We do so by:
Attracting and retaining the best talent to drive sustainable business growth Leveraging the skills of our workforce to positively impact the communities where we live and work
Educating and engaging our employees so that they play a key part in our corporate responsibility agenda
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Suite 200 Rohnert Park, CA 94928 707 755-2400 www.pacesupply.com Funds Transfer Information for Pace Supply Corp
Bank: Bank of America, N.A
Account number: 1499088000
Active ACH blocks on file: Yes
Routing number ACH/EFT: 121000358
Routing number for Domestic Wires: 026009593
SWIFT Code for International Wires: BOFAUS3N (in US dollars) BOFAUS6S (in foreign currency)
Account Name: Pace Supply Corp
Account Address: PO Box 6407
Rohnert Park, CA 94927
Please email any remittance advices or wire confirmations to [email protected] for prompt and accurate application of payment. #3..
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Our Mission
PACE Supply is dedicated to creating an environment that enhances our team members’ quality of life through a commitment to education and realized opportunities.
By offering unparalleled service and diverse products, we contribute to the prosperity of our customers, our team members, their families and the communities we serve.
At PACE Supply we have a shared responsibility to do business in ways that respect, protect and benefit our customers, employees, communities, suppliers and the environment. This responsibility informs everything we do to support Our People and Our Values.
Our People
We believe strength is derived from the talents, ideas and experiences of our people. We believe in a workplace where all employees are valued and have the opportunity to reach their full potential is also a successful one.
Our Values
We know that competitive advantage and business growth are possible when we attract and retain the best talent. We do so by:
Attracting and retaining the best talent to drive sustainable business growth Leveraging the skills of our workforce to positively impact the communities where we live and work Educating and engaging our employees so that they play a key part in our corporate responsibility agenda
August 27, 1994
Our History
A few employees of Bell Industries, used their retirement money and bought the Plumbing Supply Division, (consisting of three branches Santa Rosa, Ukiah, and Napa). This acquisition resulted in PACE Supply Corp., an employee-owned and operated corporation.
PACE Supply is an acronym that stands for ” Plumbers And Construction Emporium” May 1996
San Rafael facility opened.
December 1996
Stockton branch opened.
September 2001
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Premier Bath & Kitchen Showroom opened in Santa Rosa.
February 2002
Sacramento branch opened.
August 2004
PACE Supply Corp. Celebrates 10th Anniversary
March 2005
PACE Supply Corp. Headquarters opened in Santa Rosa.
September 2005
Napa Branch moves to a new building / warehouse.
December 2005
Ukiah Branch moves to a new building / warehouse.
August 2006
Yuba City Branch opened.
December 2007
San Rafael (Marin) Branch moves to a new building / warehouse.
April 2008
Stockton Branch moves to a new building / warehouse.
April 2009
Santa Clara branch opened.
May 2009
San Francisco branch opened.
June 2009
Oakland branch opened.
October 2010
Headquarters moved to Rohnert Park.
October 2012
San Carlos branch opened.
March 2014
Acquired Plumbing Unique (now Premier Bath and Kitchen) in Rancho Cordoba August 2014
PACE Supply Corp. Celebrates 20th Anniversary
December 2014
Stockton Distribution Center opened
January 2016
Stockton Pipe Yard completed
May 2016
Bakersfield branch opened
August 2016
Acquired Hawaii Pacific Plumbing on Hawaii, Maui and Oahu (now PACE Supply) December 2016
Acquired Premier Pump & Supply
January 2017
Premier Bath & Kitchen Walnut Creek location opened
April 2017
Sacramento I-80 location opened
May 2017
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Dublin location opened
September 2017
Voted Best Places to Work. Employee Poll, North Bay Business Journal October 2017
San Jose branch opened
October 2017
Acquired PAMSCO (future home of PACE Supply) in Fresno
December 2017
International Sales Division formed
September 2018
Voted Best Places to Work 2018. Employee Poll. North Bay Business Journal #3..
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* Please Note: 4" Saddles with 2" taps have a limited range. Specifically, 4.80"-5.10" or 5.10"-5.40". All other tap sizes have the standard 4.80"-5.40" range.
** Only the 6" (6.90"-7.50" range) saddle and 14" saddles and larger are available with a 1-1/4" tap. * To Order: Select the catalog number for the desired pipe range and complete the catalog number by adding the outlet thread tap code. Example: A double strap saddle for 6.90" D.I. pipe with a 3/4" CC thread would be 202B-750-CC3.
FEATURES
All brass conforms to AWWA Standard C800 (ASTM B62 and ASTM B584, UNS C83600, 85-5-5-5) Straps are 5/8" high quality silicon bronze flattened to provide a wider bearing surface against pipe Gasket is EPDM rubber per ASTM D2000
N . P
S
O.D.
R (I .)
A . W . L . C
N
S
I ( )
*4"
4.80 - 5.40 6.6 202B-540-TAP
4.80 - 5.10 7.3 202B-510-TAP
5.10 - 5.40 7.3 202B-540-TAP
**6" 6.90 - 7.50 7.7 202B-750-TAP
8" 9.05 - 9.62 8.8 202B-962-TAP
10" 11.10 - 12.12 10.7 202B-1212-TAP
12" 13.20 - 14.38 11.8 202B-1438-TAP
**14" 15.30 - 16.25 18.0 202B-1625-TAP
**16"
16.30 - 17.25 19.1 202B-1725-TAP
17.40 - 18.40 23.0 202B-1840-TAP
18.50 - 19.25 24.0 202B-1925-TAP
**18" 19.50 - 20.50 25.0 202B-2050-TAP
**20" 21.20 - 22.20 25.5 202B-2220-TAP
22.50 - 23.50 25.7 202B-2350-TAP
**24" 23.80 - 24.80 26.0 202B-2480-TAP
25.60 - 26.50 26.5 202B-2650-TAP
**30" 31.74 - 32.74 27.0 202B-3274-TAP
EPDM Gasket
Silicon Bronze Straps
4" - 12"
14" - 30"
Brass Nuts
The Ford Meter Box Company, Inc.
P.O. Box 443, Wabash, Indiana U.S.A. 46992-0443
Phone: 260-563-3171 / Fax: 800-826-3487
Overseas Fax: 260-563-0167
www.fordmeterbox.com
Submitted By:
The Ford Meter Box Company considers the information in this submittal form to be correct at the time of publication. Item and option availability, including specifications, are subject to change without notice. Please verify that your product information is current. Our standard warranty applies. 12/12/19
Brass Saddles - (202B-xxx-TAP style)
SUBMITTAL INFORMATION
202B DOUBLE STRAP BRASS SADDLES FOR AC AND DUCTILE IRON PIPE O T C
CC (AWWA) T IP T S
T C N T C N I ( )
3/4" CC CC3 3/4" IP IP3
1" CC CC4 1" IP IP4
1-1/4" CC CC5 1-1/4" IP IP5
1-1/2" CC CC6 1-1/2" IP IP6
2" CC CC7 2" IP IP7
Contact factory for availability
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FEATURES
• Body made of high strength ductile iron per ASTM A536 • Each dual band and 5/8" UNC threaded studs are type 304 stainless steel • Gasket is EPDM rubber per ASTM D2000
• Finish on saddle body is fusion-bonded epoxy coating
• Certified to ANSI/NSF Standard 61
• Conforms to AWWA C800
DUAL BAND EPOXY COATED IRON SERVICE SADDLES FOR C900/C905 PVC PIPE 4" 4.80 5.4 FCD202-480-TAP
6" 6.90 5.7 FCD202-690-TAP
8" 9.05 8.2 FCD202-905-TAP
10" 11.10 9.0 FCD202-1110-TAP
12" 13.20 9.0 FCD202-1320-TAP
14" 15.30 11.9 FCD202-1530-TAP
16" 17.40 13.1 FCD202-1740-TAP
18" 19.50 13.1 FCD202-1950-TAP
20" 21.60 13.2 FCD202-2160-TAP
24" 25.80 13.9 FCD202-2580-TAP
30" 32.00 14.8 FCD202-3200-TAP
EPDM Gasket
Stainless Steel Bands
Finish - Epoxy Coating
Stainless Steel Studs
Coated Stainless
Steel Nuts
P.O. Box 443, Wabash, Indiana U.S.A. 46992-0443
Phone: 260-563-3171 / Fax: 800-826-3487
Overseas Fax: 260-563-0167
www.fordmeterbox.com
Submitted By:
The Ford Meter Box Company considers the information in this submittal form to be correct at the time of publication. Item and option availability, including specifications, are subject to change without notice. Please verify that your product information is current. Our standard warranty applies. 10/10/22
Iron Service Saddles for C900/C905 PVC - (FCD202-xxx-TAP style)
SUBMITTAL INFORMATION
3/4" CC CC3
1" CC CC4
1-1/4" CC CC5
1-1/2" CC CC6
2" CC CC7
3/4" IP IP3
1" IP IP4
1-1/4" IP IP5
1-1/2" IP IP6
2" IP IP7
2-1/2" IP IP8
Stainless Steel
Washers
(both sides)
Closed Lug
ThreadsCC or IP per
AWWA C800
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2-Piece
Bolted Design
FEATURES
All brass conforms to AWWA Standard C800 (ASTM B62 and ASTM B584, UNS No C83600 - 85-5-5-5)
These saddles conform to the design and sizing requirements held by the Uni-Bell Handbook and the AWWA manual M23 for use on PVC pipe.
O-ring gasket is EPDM rubber per ASTM D2000.
150 psi working pressure rating
BRASS SADDLES WITH IP TAPS FOR C900 PVC PIPE
PVC P
S
A
O.D. (I .)
T
S
A . W . L . C
N
S
I ( )
4" 4.80
3/4" 2.9 S912-403
1" 2.8 S912-404
1-1/2" 7.5 S912-406
2" 7.1 S912-407
6" 6.90
3/4" 4.6 S912-603
1" 4.5 S912-604
1-1/2" 9.1 S912-606
2" 8.5 S912-607
8" 9.05
3/4" 5.4 S912-803
1" 5.3 S912-804
1-1/2" 12.6 S912-806
2" 11.9 S912-807
10" 11.10 1-1/2" 12.9 S912-1006
2" 12.6 S912-1007
12" 13.20 1-1/2" 14.3 S912-1206
2" 14.3 S912-1207
The Ford Meter Box Company, Inc.
P.O. Box 443, Wabash, Indiana U.S.A. 46992-0443
Phone: 260-563-3171 / Fax: 800-826-3487
Overseas Fax: 260-563-0167
www.fordmeterbox.com
Submitted By:
06/09/20
Brass alloy body and strap,
meeting ASTM B62, ASTM B584
and AWWA C800
EPDM Rubber O-Ring gasket
Silicon Bronze Bolts and Nuts
Brass Saddles For C900 PVC - (S912-xxx style)
SUBMITTAL INFORMATION
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FEATURES
• All brass conforms to AWWA Standard C800 (ASTM B62 and ASTM B584, UNS NO C83600 - 85-5-5-5)
• Style A Saddle body and strap permanently held together with silicon bronze pin for saddles sized 2" thru 8"
• Bolt is 5/16" slotted hex head silicon bronze for saddles sized 2" thru 8" • A three-piece bolted design is used for S91 Saddles sized 10" and 12" with 1-1/2" and 2" taps, two-piece for 3/4" and 1" taps
• All 10" and 12" saddles are held together with 1/2" silicon bronze bolts (3/4" hex head) • 150 psi working pressure rating
S91 BRASS SADDLES WITH IRON PIPE TAPS FOR C900 PVC PIPE
PVC PIPE
SIZE ACTUAL O.D.
TAP
SIZE APPROX. WT. LBS. CATALOGNUMBER
STYLE
SUBMITTED
ITEM(S)
2" 2.50 1/2" .9 S91-201 A
3/4" 1.1 S91-203 A
4" 4.80
1/2" 1.8 S91-401 A
3/4" 1.8 S91-403 A
1" 2.0 S91-404 A
1-1/2" 6.5 S91-406 A
2" 6.4 S91-407 A
6" 6.90
3/4" 2.6 S91-603 A
1" 2.6 S91-604 A
1-1/2" 8.9 S91-606 A
2" 7.3 S91-607 A
8" 9.05
1/2" 2.8 S91-801 A
3/4" 2.8 S91-803 A
1" 3.2 S91-804 A
1-1/2" 8.0 S91-806 A
2" 8.5 S91-807 A
10" 11.10
3/4" 9.3 S91-1003 B
1" 9.1 S91-1004 B
1-1/2" 10.5 *S71-S91-1006 C
2" 10.5 *S71-S91-1007 C
12" 13.20
3/4" 11.1 S91-1203 B
1" 11.0 S91-1204 B
1-1/2" 11.5 *S71-S91-1206 C
2" 11.0 *S71-S91-1207 C
The Ford Meter Box Company, Inc.
P.O. Box 443, Wabash, Indiana U.S.A. 46992-0443
Phone: 260-563-3171 / Fax: 800-826-3487
Overseas Fax: 260-563-0167
www.fordmeterbox.com
Submitted By:
The Ford Meter Box Company considers the information in this submittal form to be correct at the time of publication. Item and option availability, including specifications, are subject to change without notice. Please verify that your product information is current. 01/12/16
Brass Saddles For C900 PVC - (S91-xxx style)
SUBMITTAL INFORMATION
* These saddles will cover Steel size PVC and C900 PVC O.D. range.
Style B 2-Piece (Bolted Design) Style C 3-Piece (Bolted Design) Silicon Bronze
hex head bolt
Silicon Bronze
hinge pin
EPDM rubber
O-ring
Style A (Hinged Design)
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1 INVITATION FOR BIDS IFB IFB-00051
FOR
PIPE SADDLES
BIDS DUE: March 3, 2026 at 11:00 am
CITY OF MODESTO CONTACT: Melvin Rosal, Buyer
E-MAIL ADDRESS: [email protected]
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
2 Table Of Contents
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS
VIRTUAL BID OPENING
GENERAL BID REQUIREMENTS
PRICING SCHEDULE
BID SUBMITTAL
TECHNICAL SPECIFICATIONS AND REQUIREMENTS
SAMPLE ANNUAL AGREEMENT - GOODS
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN
of Pipe Saddles equipment, materials, supplies and/or related se Finance Department, Purchasing Division.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Goods pricing herein, and not separately charged to the City). Bidders are highly 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. #3..
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4 INSTRUCTIONS TO BIDDERS
CALENDAR OF EVENTS
IFB Issued: February 3, 2026
Questions Due via City's OpenGov
Procurement portal:
February 10, 2026, 5:00pm
Addendum Issued (if required): February 17, 2026
Bid Due Date & Time: March 3, 2026, 11:00am
Approximate Contract Award Date: March 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 10, 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.
PRECEDENCE
Bidder agrees that any agreeme
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
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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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 Melvin Rosal. #3..
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6 GENERAL BID REQUIREMENTS
BID SUBMITTAL
Bidders shall submit 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 Goods 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 Goods 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 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.
Pricing Schedule
Bidder Exceptions, Clarifications, Amendments (if applicable) Bidder Customer References
Financial Interest Disclosure
Support of Local Vendors (if applicable)
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7 Bidder Company History Statement
Bidder Warranty Statements
Subcontractor List (if applicable)
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 deemed non-responsive.
PROPOSED PRICING FORMAT
The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the 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.
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 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 s.
consideration will be given to the quality and performance of the commodity to be purchased, and the criteria listed in Modesto Municipal Code Section 8-
recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits commendation for award.
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8 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.
Pricing shall remain firm for the first year of the agreement, which may be awarded pursuant to this IFB.
Price increases for subsequent agreement years, two, three, four and five, shall not exceed the Producer Price Index (PPI) for the Series ID: PCU3329133329136 (Plumbing fixture fitting and trim manufacturing - Miscellaneous metal and nonmetal plumbing fixtures, fittings, and trim, not seasonally adjusted) 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, at least ninety (90) days prior to the annual anniversary date of the agreement to be effective for the subsequent year.
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
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, igation 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 Cityortioned 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 #3..
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9 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 Goods for the compensation stated in any resultant agreement.
Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Goods and all risks in connection therewith.
Bidder represents that it is fully qualified to perform the proposed provision of Goods in accordance with the terms of any resultant agreement within the time specified therein.
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 on 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.
"A
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
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. #3..
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10 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;
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:
Attn: Director of Finance
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
Attn: Director of Finance
PO Box 642
Modesto CA 95353
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11 b. Appeal to Deputy City Manager:
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 Fina
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:
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
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 All protest appeals to the City Council shall either be delivered to:
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
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12 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.
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 ttempt 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 against the City Council decision directly to the federal agency as described herein. #3..
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13 PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Bidder to perform the required provision of goods shall be included in Bid pricing. Bid must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the form provided for Bidder Exceptions, Clarifications, and Amendments.
ESTIMATED ANNUAL QTY x UNIT PRICE= EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner.** Line
Item
COM
Part #
Description Quantity Unit of
Measure
Unit
Cost
Total No Bid
1 125200 SADDLE BRONZE 4" X 2" IP AC 1 Each
2 125220 SADDLE BRONZE 6" X 2" IP AC 19 Each
3 125240 SADDLE BRONZE 8" X 2" IP AC 20 Each
4 125260 SADDLE BRONZE 10" X 2" IP AC 12 Each
5 125270 SADDLE BRONZE 12" X 2" IP AC 1 Each
6 125400 SADDLE BRONZE 4" X 2" IP C900 10 Each
7 125410 SADDLE BRONZE 6" X 1" IP C900 32 Each
8 125420 SADDLE BRONZE 6" X 2" IP C900 44 Each
9 125430 SADDLE BRONZE 8" X 1" IP C900 140 Each
10 125440 SADDLE BRONZE 8" X 2" IP C900 7 Each
11 125455 SADDLE BRONZE 10" X 1" IP C900 11 Each
12 125460 SADDLE BRONZE 10" X 2" IP C900 1 Each
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14 Line
Item
COM
Part #
Description Quantity Unit of
Measure
Unit
Cost
Total No Bid
13 125470 SADDLE BRONZE 12" X 1" IP C900 6 Each
14 125480 SADDLE BRONZE 12" X 2" IP C900 50 Each
15 125600 SADDLE 4" X 2" IP ODS 1 Each
16 125610 SADDLE, DI BODY TWO SS STRAPS
IP 6" X 1" C900 - Epoxy Coated
1 Each
17 125620 SADDLE 6" X 2" IP ODS 5 Each
18 125640 SADDLE 8" X 2" IP ODS 1 Each
19 125800 SADDLE CI/DI/C900/SDR 4" X 2" IP
4.50/4.80/5.40 - Epoxy Coated
6 Each
20 125820 SADDLE CI/DI/C900/SDR 6" X 2" IP
6.63/6.90/7.60 - Epoxy Coated
14 Each
21 125840 SADDLE CI/DI/C900/SDR 8" X 2" IP 1 Each
22 125520 SADDLE, DI BODY TWO SS STRAPS
16" X 2" IP 17.40, MIN RANGE 17.30-
17.50 31 Each
23 125890 SADDLE DI/POWERSEAL 10" X 2"
10.62-12.12
13 Each
24 125895 SADDLE DI/POWERSEAL 12" X 2"
12.62-14.32
1 Each
TOTAL
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15 BID SUBMITTAL
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 goods specified on behalf of the Bidder indicated in Bidde 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. #3..
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16 D. Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
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 60 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time.
C. A valid, contract based on the sample agreement attached to the IFB and the submitted bid shall be mailed, or otherwise furnished, to the successful Bidder within the time for acceptance specified, and such contract shall be a binding agreement without further action by either party. The contract shall be interpreted, construed and given effect in all respects according to the laws of the State of California.
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 of kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Agreement or Purchase Order.
By checking the "please confirm" box below, you acknowledge the above statement.
Please confirm
*Response required
SAMPLES*
Bidder Acknowledges:
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17 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.
By checking the "please confirm" box below, you acknowledge the above statement.
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
PAYMENT TERMS AND METHODS*
BIDDER IS ABLE TO CHOOSE FROM EITHER OF THE FOLLOWING PAYMENT METHODS AND ASSOCIATED TIMINGS:
Option A (Preferred): City of Modesto ePay Payment:
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18 timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
16-digit credit card number
Expiration date
Security code
Total dollar amount of invoices to be paid
Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be sal hereunder. Information about enrolling in
Option B Manual Check:
On net 45 day timing, the City will mail a hardcopy check to the bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the net 45 day period. Additional time should be estimated by the bidder for the check to be in transit, and to await deposit and clearance by bidder staff.
Option A - ePay (Preferred)
Option B - Manual Check
*Response required
DID YOU CHOOSE THE PAYMENT TERM - OPTION A - EPAY?*
Yes
No
*Response required
When equals "Yes"
PLEASE ENTER THE PREFERRED EMAIL ADDRESS TO SET UP EPAY.* *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 #3..
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19 (15 U.S.C. SEC.15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time of the purchasing body tender's final payment to the bidder.
By checking the "please confirm" box below, you acknowledge the above statement.
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 an Agreement 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.
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20 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? 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
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
21 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
*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. #3..
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
22 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
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.
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
23 *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_Exceptions,_Clarific...
*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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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
24 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.docx
*Response required
BIDDER WARRANTY STATEMENTS*
Please download the below documents, complete, and upload.
Bidder_Warranty_Statements.pdf
*Response required
SUBCONTRACTORS?*
Will the Bidder be using subcontractors for any purpose to perform services noted in this IFB? Yes
No
*Response required
When equals "Yes"
SUBCONTRACTOR LIST*
Please download the below documents, complete, and upload.
Subcontractor_List_IFB.pdf
*Response required
CALIFORNIA LEVINE ACT DISCLOSURE*
Please download the below documents, complete, and upload.
Modesto_Levine_Act_Statemen...
*Response required
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
25 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.
By checking the "please confirm" box below, you certify the above statement.
Please confirm
*Response required
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
26 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
SCOPE OF WORK
The City of Modesto Utilities Department Water Division is requesting pricing for Pipe Saddles. Vendors are requested to submit a bid that meets all requirements contained herein. Bids submitted shall be complete and include all costs associated with the bid including delivery and materials.
Approved Pipe Saddle manufacturers:
Smith Blair
AY McDonald
Ford
Jones
Powerseal
Romac
Mueller
Specific Brands may be confirmed by a City Representative that the minimum and maximum range requirements have been met.
PRODUCT SUBSTITUTIONS
No substitutions are allowed where indicated. If quoting any brand other than those listed, identify the brand and part number in the space provided. If pounds, length, ounces, package or box quantities, etc. are different Substitutions
must be equal to or exceed the quality of the item described. Any reference to brand name is intended to be descriptive and not restrictive. City of Modesto personnel will determine the acceptability of a substitute.
Bidder shall supply only the brand name bid, however, should the Bidder experience difficulty or delays in obtaining supplies of the brand bid, Bidder may substitute an approved equal after receiving permission from the City of Modesto Purchasing Manager or designee. The cost of substitution shall not be greater than bid price.
DELIVERY
Location: City of Modesto Stores Division (or as specified on Purchase Order) 4240 Litt Rd
Modesto, CA 95357
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
27 City of Modesto Central Stores Division (or as specified on Purchase Orde 501 N Jefferson St BLDG 4A
Modesto, CA 95354
Days of Week: Monday through Friday (excluding holidays) Delivery Hours: 7:00 A.M. to 2:00 P.M. or as specified by Division All deliveries shall be made within Thirty (30) business day after the order is placed. Each delivery shall be signed for by an approved onsite City liaison.
All Invoices shall include the Stock Number listed on the Pricing Schedule.
DELIVERY REPORT
The successful Bidder(s) shall provide Goods delivery reports upon City request. Reports shall include all Goods delivered during the time period requested. At a minimum the report shall include City Stock number, Manufacturer Stock number, Manufacturer nomenclature, quantity, unit price, extended price, and total price. Reports shall be delivered to the following address or alternatively as requested by the Purchasing Division via email to the City of Modesto:
City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
28 CONTRACTUAL CHANGES
Changes of a contractual or business nature shall be affected only by written change to the contract by the City of Modesto, Purchasing Division.
CHARACTER OF WORKERS
If any person employed by the Bidder fails or refuses to carry out the direction of the City Representative or appears to be incompetent or acts in a disorderly or improper manner, that person shall be discharged immediately from the site on the request of the City Representative or Purchasing Manager, and such person shall not again work on any City site.
DELAY BY THE CITY
Any act or omission of any kind by the City of Modesto, its officers, agents or employees, which causes the Bidder to delay in the provision of Goods and related services shall be grounds for extension of time on the part of the Bidder to complete the work but shall give the Contractor no damages for such delay. #3..
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
29 SAMPLE ANNUAL AGREEMENT - GOODS
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 VENDOR.
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 [????????] materials, supplies
WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, , and
WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the _____ GOODS as described in IFB ____-____,
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: 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___
2. PRICING
A. Per the aforementioned Council Resolution, the annual estimated amount of the AGREEMENT is $_______. The total amount paid by CITY to VENDOR over the full term of the AGREEMENT shall not exceed $________.
B. The AGREEMENT pricing is attached hereto as Exhibit D. Pricing during AGREEMENT Year one shall be as set forth in Exhibit D, attached hereto and made a part hereof by this reference. #3..
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
30 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 year 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
PCU3329133329136 (Plumbing fixture fitting and trim manufacturing - Miscellaneous metal and nonmetal plumbing fixtures, fittings, and trim, not seasonally adjusted). 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
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 purchase order number. VENDOR will be paid by CITY via the following payment method [TO BE D
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.
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 non-performance to the reasonable satisfaction of the non-breaching party. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause. #3..
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
31 B. CITY may terminate this AGREEMENT for convenience upon thirty (30) days prior notice to VENDOR
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 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
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
urchasing 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.
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, unit price, discount, delivery point or arrangements, terms or any other matters affecting a valid purchase order or AGREEMENT. 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. #3..
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
32 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
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 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.
body of the purchase order.
15. INDEMNITIES
A. VENDOR agrees to protect, indemnify and save harmless CITY and its agents, officers, employees, and 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 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 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.
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
33 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 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 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:
CONTRACTOR: ____________
____________
____________
____________ CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
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.
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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
34 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 conta
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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INVITATION FOR BIDS # IFB-00051
PIPE SADDLES
35 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. 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
VENDOR
By ________________________________ By ________________________________
DEANNA CHRISTENSEN,
Director of Finance
(Signature) ________________________________
(Name & Title)
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Line ItemDescription
Unit of
Measure Unit Cost
1 SADDLE BRONZE 4" X 2" IP AC Each $140.61
2 SADDLE BRONZE 6" X 2" IP AC Each $163.87
3 SADDLE BRONZE 8" X 2" IP AC Each $185.05
4 SADDLE BRONZE 10" X 2" IP AC Each $235.93
5 SADDLE BRONZE 12" X 2" IP AC Each $268.80
6 SADDLE BRONZE 4" X 2" IP C900 Each $108.50
7 SADDLE BRONZE 6" X 1" IP C900 Each $59.20
8 SADDLE BRONZE 6" X 2" IP C900 Each $111.71
9 SADDLE BRONZE 8" X 1" IP C900 Each $82.88
10 SADDLE BRONZE 8" X 2" IP C900 Each $127.55
11 SADDLE BRONZE 10" X 1" IP C900 Each $223.99
12 SADDLE BRONZE 10" X 2" IP C900 Each $223.99
13 SADDLE BRONZE 12" X 1" IP C900 Each $241.30
14 SADDLE BRONZE 12" X 2" IP C900 Each $241.30
15 SADDLE 4" X 2" IP ODS Each $64.93
16 SADDLE, DI BODY TWO SS STRAPS IP 6" X 1" C900 -
Epoxy Coated Each $63.05
17 SADDLE 6" X 2" IP ODS Each $80.11
18 SADDLE 8" X 2" IP ODS Each $86.47
19 SADDLE CI/DI/C900/SDR 4" X 2" IP 4.50/4.80/5.40 -
Epoxy Coated Each $77.22
20 SADDLE CI/DI/C900/SDR 6" X 2" IP 6.63/6.90/7.60 -
Epoxy Coated Each $80.11
21 SADDLE CI/DI/C900/SDR 8" X 2" IP Each $83.33
22 SADDLE, DI BODY TWO SS STRAPS 16" X 2" IP
17.40, MIN RANGE 17.30-17.50 Each $113.49
23 SADDLE DI/POWERSEAL 10" X 2" 10.62-12.12 Each $87.46 24 SADDLE DI/POWERSEAL 12" X 2" 12.62-14.32 Each $96.95 Exhibit D
Pace Supply - Agreement 322929
Pipe Saddles - IFB 000-51
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Vendor Total
Pace Supply $53,897.78
Ferguson Waterworks $57,262.53
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 22, 2026
Date: May 19, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Agreements for Occupational Medical Services
CONTACT: Dawn Kelley, Human Resources Manager
[email protected] 209-577-5490
DESCRIPTION:
Consider Agreements for Occupational Medical Services to Occu-Med, LTD Fresno, California and Life Extension Clinics, Inc. dba Life Scan Wellness Centers Tampa, Florida for a combined total amount not to exceed $2,292,500 over five (5) years and forwarding to Council for approval. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2025-2026 Strategic Plan Initiatives: Goal J: Build a high-performance organization.
BACKGROUND:
Annually, the City conducts approximately 550 medical exams for existing employees and applicants, arranges for approximately 500 drug and/or alcohol tests and additional medical surveillance exams or tests as required under workplace safety regulations.
These exams and tests help ensure that employees and applicants meet established safety standards and can perform the essential functions of their positions. A comprehensive occupational medical services program is essential to reducing workers’ compensation exposure, supporting regulatory compliance and minimizing risk related to negligent hiring or placement.
On May 25, 2021, by Resolution No. 2021-184, Council approved an Agreement to provide city wide Occupational Medicine Services with Occu-Med, LTD and public safety #4..
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Finance Committee, June 22, 2026
Agreements for Occupational Medical Services
annual physicals with Life Extension Clinics, Inc., dba Life Scan Wellness Centers for a combined total amount not to exceed $1,400,000 over a term of five (5) years.
The agreements with Occu-Med, LTD and Life Extension Clinics, Inc., dba Life Scan Wellness Centers currently expire on June 30, 2026.
DISCUSSION:
On January 4, 2026, the City Manager authorized the Purchasing Manager to solicit the procurement for Occupational Medical Services. On February 23, 2026, the Purchasing Division issued Request for Proposals RFP-00071for the furnishing of occupational medical services on the City’s OpenGov public bidding website under various commodity codes.1 Prospective bidders were notified online and via email which included 4,430 of which 48 were local vendors of the bid opportunity. 46 companies downloaded the RFP document from OpenGov and three (3) were local vendors.
On March 24, 2026, proposals were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Out of the 20 responses received, no proposals were received by local providers.
An evaluation committee comprised of four (4) City staff members, which included Human Resources, and Modesto Fire, evaluated the proposals and Councilmember David Wright was chosen to observe the RFP process. The evaluation was based on the following:
principal staff contact/ account manager, ability to address all RFP requirements or clearly identify areas of bidding, experience and qualifications, capacity/ accessibility/ scheduling, access/ reporting/ billing, references, cost and mobile clinic (on-site fire exams).
Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of proposal for the Occupational Medical Services to Occu-Med, LTD, Fresno, California and Life Extension Clinics, Inc. dba Life Scan Wellness Centers, Tampa, Florida. Occu-Med LTD received the highest in access/ reporting/ billing and capacity/ accessibility/ scheduling while Life Extension Clinics, Inc. dba Life Scan Wellness Centers scored high in experience and qualifications and cost. Staff recommends awarding to more than one (1) vendor to accommodate all our occupational medical needs. Life Extension Clinics, Inc. dba Life Scan Wellness Centers will be assigned all the public safety annual exams while Occu-Med LTD will accommodate all other occupational medical needs.
Modesto Municipal Section 8-3.203 generally required all purchased, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. An Award of proposal and Agreements for Occupational Medical Services for Human 1 94874 – NIGP: Professional Medical Services (Including Physicians, Pharmacists, and All Specialties), 95207 – Alcohol and Drug Testing Services, 95856 – NIGP: Health Care Management Services (Including Managed Care Services), 96100 – NIGP:
Miscellaneous Services, No,.1 (Not Otherwise Classified), 96130 – NIGP: Employment Agency and Search Firm services (Including Background investigations and Drug Testing for Employment), and 96200 – NIGP: Miscellaneous Services, No. 2 (Not Otherwise Classified)
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Finance Committee, June 22, 2026
Agreements for Occupational Medical Services
Resource use to Occu-Med, LTD Fresno, California and Life Extension Clinics, Inc. dba Life Scan Wellness Centers Tampa, Florida, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Occu-Med, LTD and Life Extension Clinics, Inc. dba Life Scan Wellness Centers were the highest ranked proposals based on the evaluation criteria.
FISCAL IMPACT:
The cost of the occupational medical services Agreements will be paid from various funds and is currently captured in the department’s Fiscal Year 2026/27 budget- Risk Management Workers’ Compensation Fund ($244,000 or 53.2%) and General Fund’s Fire Suppression Division ($214,500 or 46.8%). The total cost will not exceed $2,292,500 for all services over the full five (5) year term of the Agreements.
Anticipated Spend Occu-Med, LTD Life Extension
Clinics dba Life Scan
Wellness
Total Annual
Cost
Year One $220,210 $193,586 $413,796
Year Two $231,800 $203,775 $435,575
Year Three $244,000 $214,500 $458,500
Year Four $256,200 $224,153 $480,353
Year Five $267,790 $236,486 $504,276
$1,220,000 $1,072,500 $2,292,500
The Agreements represent an increase of $178,500 annually from the prior five (5) year Agreements attributed to healthcare cost increases, inclusion of drug and alcohol testing services, medical certificates for commercial drivers, and vaccine availability. In prior years, these services were connected to other contracts. Annually, approximately 200 drug and alcohol tests and 250 medical certificates for commercial drivers are conducted.
Prior FY Spend Occu-Med, LTD Life Extension Clinics
dba Life Scan
Wellness
Total Annual
Cost
7/1/2021 - 6/30/2022 $112,911 $125,184 $238,095
7/1/2022 - 6/30/2023 $98,207 $136,909 $235,116
7/1/2023 - 6/30/2024 $99,731 $157,932 $257,664
7/1/2024 - 6/30/2025 $80,808 $163,671 $244,479
7/1/2025 - 5/30/20262 $81,829 $171,684 $253,513
$473,486 $755,380 $1,228,867
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. 2 This total spend is through 5/30/2026
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Finance Committee, June 22, 2026
Agreements for Occupational Medical Services
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the Award of Proposal and Agreement for Occupational Medical Services to Occu-Med, LTD Fresno, California and Life Extension Clinics, Inc. dba Life Scan Wellness Centers Tampa, Florida for a two (2) year agreement with three (3) oneyear extension options, for an estimated annual combined amount of $458,500 and a total combined amount not to exceed $2,292,500 over five (5) years and forwarding to Council for approval.
Approved by:
DeAnna Christiansen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:
1. Occu-Med, LTD Agreement
2. Life Extension Clinics, Inc. d/b/a Life Scan Wellness Centers Agreement
3. Occu-Med, LTD RFP Response Submittal
4. Life Extension Clinics, Inc. d/b/a Life Scan Wellness RFP Response Submittal
5. Occu-Med, LTD Pricing
6. Life Extension Clinics, Inc. d/b/a Life Scan Wellness Pricing
7. RFP 00071 Occupational Medical Services
8. RFP Insurance Requirements
9. RFP 00071 Scoring Abstract
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City of Modesto, CA Finance DeAnna Christensen, Director of Finance PO BOX 642, Modesto, CA 95353 [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical RESPONSE DEADLINE: March 24, 2026 at 11:00 am Report Generated: Wednesday, March 25, 2026 Occu-Med Ltd. Response CONTACT INFORMATION Company: Occu-Med Ltd. Email: [email protected] Contact: Chris St. George Address: 2121 West Bullard Ave Fresno, CA 80218 Phone: (559) 435-2800 Ext: 207 Website: www.occu-med.com Submission Date: Mar 23, 2026 8:50 AM (Pacific Time) #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. RFP Acknowledgement and Proposal RFP ACKNOWLEDGEMENT* Pass The party submitting acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or 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. Confirmed 2. Proposer Company Information PROPOSER COMPANY FULL LEGAL NAME* Pass Please provide the full legal name of the company on this proposal. It may already be provided elsewhere, but please provide here to confirm. Occu-Med Ltd. PROPOSER COMPANY MARKETPLACE (OR DBA) NAME* Pass #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical Please provide the Company Marketplace Name or DBA (if applicable). It may already be provided elsewhere, but please provide here to confirm. N[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 3 OTE: If the company is not operating under an additional name or a dba, then you may state "N/A" here. Occu-Med TYPE OF LEGAL ENTITY* Pass Is the Proposer Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Proposer 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 TYPE OF LEGAL ENTITY - SELECT* Pass Please select which of the following legal entity options under which the Proposer Company operates. Corporation LEGAL ENTITY STATE OF REGISTRATION* Pass In which State is the Proposer Company registered? Delaware #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical PROPOSER COMPANY HEADQUARTERS ADDRESS* Pass Please provide the full street address for the headquarters of the Proposer Company. Be sure to include the following: [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 4 Full Street Address City State Country Postal Code 2121 West Bullard Ave Fresno, CA 93711 COMPANY WEBSITE ADDRESS Pass Please provide the full company website address for the Proposer Company. www.occu-med.com PROPOSAL CONTACT PERSON DETAILS* Pass Please provide the following information for the Contact person for this proposal: Name Title Phone (Office) #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 5 Phone (Mobile) Mailing Address (Street Address, City, State, Postal Code) Fax Number Email Chris St. George BD Director 559.435.2800 x207 559.999.97713 Mobile 2121 West Bullard Ave., Fresno, CA 93711 F: 559.435.7200 [email protected] FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)* Pass Please provide the Proposer Company's Federal Taxpayer Identification Number here. 522333519 DUNS & BRADSTREET (DUNS) NUMBER Pass Please provide the Proposer Company's Duns & Bradstreet (DUNS) Number here. 140436283 #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical PROPOSER OFFICER NAMES AND TITLES* Pass Please provide the Names and Titles of the Top Three Proposer Officers in the following manner: [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 6 Full Name, Full Title Full Name, Full Title Full Name, Full Title James Johnson; CEO Andrew Johnson; President Sherri Conley, Controller/Secretary YEARS IN BUSINESS* Pass For how long has the Proposer Company been in business? Please indicate in number of years. 46 CLOSEST PROPOSER OFFICE* Pass Please provide the address for the Proposer Office closest to the City of Modesto. Please be sure to provide: Full Street Address City State Country #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 7 Postal Code 2121 West Bullard Ave Fresno CA USA 93711 CITY OF MODESTO BUSINESS LICENSE* Pass Does the Proposer Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the proposal from evaluation as it is not required until the contract begins. Yes CITY OF MODESTO BUSINESS LICENSE NUMBER* Pass You have indicated that the Proposer Company already possesses a City of Modesto Business License, please provide the business license number here. 1292512 PROPOSER FINANCIAL STATEMENTS* Pass Minimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following:
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical Financial Stability: determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 8 un- audited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, wner that explains ate of submittal, if such inability exists. One complete set of Financial Statements shall be submitted within two (2) business days of City request. Financial Statements, whether delivered via email, by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received by the City of Modesto, Purchasing Division within two (2) business days of request. Financial statements delivered via email should be sent to [email protected]. If sent via email, proposer is encouraged to follow-up with a phone call to Lynn Schmidt at (209) 577-5412, to confirm receipt. Failure of proposer to provide requested documents within two (2) business days, may disqualify proposer from further consideration. The City of Modesto assumes no responsibility for delay in the delivery of the Financial Statements to the City. CITY OF MODESTO, PURCHASING DIVISION 1010 10TH STREET, SUITE 5300 ATTN: Lynn Schmidt Occupational Medical #RFP-00071 MODESTO, CA 95354 By checking the box below, Proposer confirms that they understand the financial statement requirements as set forth above. Confirmed #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical 3[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 9 . Pricing Schedule PRICING SCHEDULE* Pass Please download the below documents, complete, and upload. Pricing_Schedule.docx Pricing information has not been unsealed yet 4. City Forms PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS* Pass Does the Proposer have any exceptions, clarifications, or amendments to this RFP, sample agreement, or its associated specifications? No PROPOSER CUSTOMER REFERENCES* Pass Please download the below documents, complete, and upload. Proposer_Customer_Reference... Occu-Med-Customer_References_Form.pdf FINANCIAL INTEREST DISCLOSURE* Pass Please download the below documents, complete, and upload. Financial_Interest_Disclosu... #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical Financial_Interest_Disclosure_Form_RFP.pdf PROPOSER COMPANY HISTORY STATEMENT* Pass Please download the below documents, complete, and upload. [OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 10 Proposer_Company_History_St... Occu-Med_Company_History_Statement.pdf PROPOSER EXPERIENCE AND QUALIFICATIONS* Pass Please download the below document, complete, and upload. Proposer_Experience_and_Qua... Experience_and_Qualifications.pdf PROPOSER WARRANTY STATEMENTS* Pass Please download the below documents, complete, and upload. Proposer_Warranty_Statement... Proposer_Warranty_Statements.pdf CALIFORNIA LEVINE ACT DISCLOSURE* Pass Please download the below documents, complete, and upload. Modesto_Levine_Act_Statemen... Modesto_Levine_Act_Statement_Form.pdf #4..
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[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical 5[OCCU-MED LTD.] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 11 . Additional Proposal Items ADDITIONAL INFORMATION (IF NEEDED) Pass For any additional information requested or required by any of your previously provided answers or as stated within this RFP please upload the additional documentation here. Only include pricing under the Pricing Schedule section of this RFP. ModestoProposal.pdf SUBMITTAL CONFIRMATION* Pass Proposer hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal. By checking the "please confirm" box below, you certify the above statement. Confirmed #4..
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PROPOSER CUSTOMER REFERENCES FORM
Proposer shall provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced RFP. Proposer’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced RFP. Proposers failing to provide references may be deemed as non-responsive.
The City may contact some or all of the references provided in order to determine the Proposer’s performance record on services similar to that described in the above-referenced RFP. The City reserves the right to contact references other than those provided in Proposer’s submission and to use the information gained from them in the award process.
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Service:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code:
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
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Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
Company Name:
Address:
City, State, Zip Code
Contact Person:
Email Address:
Telephone Number:
Type of Business or
Governmental
Agency:
Date Range of
Services:
Annual Contract Value $
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FINANCIAL INTEREST DISCLOSURE FORM
Any contract award to result from this RFP process and Proposer’s submission of a Proposal therewith will require approval by a majority vote of the City of Modesto’s City Council. In order to have full transparency in any City of Modesto commercial actions, the City Council may not approve an agreement between the City and the Proposer until all persons with a direct or indirect financial interest of greater than $2,000 in the Proposer are identified by name.
Proposer must therefore complete this 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
Proposer shall identify any person with a financial interest in the Proposer by name, below.
For the purposes of this disclosure, a “Financial Interest” shall have the meaning contained in Modesto Municipal Code section 2-10.02.
Persons having an aggregate economic interest in the Proposer less than two thousand dollars ($2,000.00) at all times prior to final Council action of the proposed contract are not required to be listed on the Financial Interest Disclosure.
Notwithstanding the foregoing, a Financial Interest Disclosure is not required for a Proposer meeting the financial criteria for listing on the New York or the Pacific Stock exchanges unless it is reasonably foreseeable that a City Council decision will increase or decrease that entity's gross revenues or expenses by one million dollars ($1,000,000) or more and the requirements of Modesto Municipal Code Section 2-
10.03(h) are satisfied.
It is the legal obligation of all applicants for approval of an agreement or of an application for development rights to verify in writing, under penalty of perjury, that the identity of each person having a material financial interest in the Proposer is true, correct and complete. By signing below, the applicant understands that this information is provided under penalty of perjury, and that intentionally supplying misinformation or deception may result in either invalidation of the agreement or application, or criminal prosecution for misdemeanor violation of the Modesto Municipal Code, or both. Negligent provision of misinformation shall be grounds for invalidation. In accordance with the Modesto Municipal Code, each applicant has a continuing obligation to maintain the truth, accuracy and completeness of the financial interest disclosure information provided below until after final consideration by the City Council of any matter arising out of or relating to the agreement or application.
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Print Names of Persons Having a Financial Interest in Proposer Receiving this Agreement:
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
First Name, Last Name
By signing this document, I agree to the information contained within.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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PROPOSER COMPANY HISTORY STATEMENT
Company History Statement - Proposer shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Proposals (RFP).
The Proposer’s company history overview statement shall be approximately one to three pages in length and inserted below:
Proposer Company Legal Name: Insert Proposer Logo Here (if existent):
Insert Proposer Company History Overview Statement Beginning Here:
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1 Kayvon Yadidi, D.O., QME
132 S. Beaudry Ave.
Los Angeles, Ca 90012
E-mail: [email protected]
Education: University of California UCLA
Los Angeles, CA
B.S. Degree in Biology
June 1989
Western University of Health Sciences
Pomona, CA
Doctor of Osteopathic Medicine Degree
June 1993
Internship: University of Southern California
Los Angeles County Medical Center
July 1993-June 1994
Residency: Internal Medicine/University of Southern California Los Angeles County Medical Center
July 1994-June 1996
Fellowship: General Internal Medicine/Ambulatory Care
University of Southern California
Los Angeles County Medical Center
July 1996-June 1997
Masters: Masters of Medical Education Program
University of Southern California
August 1996-December 1997
Certification: Diplomat American Board of Internal Medicine Number 170951 (expired 2008)
National Boards of Medical Examiners
Parts I, II and III
California Physician & Surgeon License
DEA License
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2 Qualified Medical Examiner
Certified X-ray technician supervisor
Certified Department of Transportation (DOT) examiner
Employment:
December 2025 Chief Medical Officer
Present Agile Occupational Medical Group
July 2025 Chief Medical Officer
December 2025 Akeso Occupational Health
Jan. 2025 Regional Medical Director
July 2025 Akeso Occupational Health
Oct. 2013 Medical Director
Jan. 2025 Proactive Work Health Services
May 1, 2012 Medical Director
Sept. 2013 Prohealth Medical Group
April 2008 Medical Director
Sept. 2013 Glendale Memorial Occupational Medical Group August 2003 Medical Director
Present Internal Medicine Consultants
August 2003 Physician/partner
April 2008 Healthline Medical Group, Van Nuys, CA
Jan. 2000 Medical Director
August 2003 U.S. Health Works, Chatsworth, CA
June 1997 Staff Physician
Dec. 1999 Healthline Medical Group, Van Nuys, CA
July 1996 Staff Physician Division of Internal Medicine June 1997 Los Angeles County Medical Center
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3 Dec. 1995 Urgent Care Physician Healthline Medical Group Dec. 1999 Van Nuys, CA
Nov. 1994 Staff Physician
Dec. 1995 Department of Emergency Medicine
Coast Plaza Doctors Hospital, Norwalk, CA
Jan. 1987 Assistant Director of Education
June 1989 UCLA, AIDS Clinical Research Center
Los Angeles, CA
Jan. 1987 Assistant to the Editor
June 1989 AIDS Medical Update and AIDS Nursing update
Jan.1986 Research Assistant
Jan.1987 UCLA Projects on Aging
Los Angeles, CA
Special Skills:
language
Familiar with labor code laws and regulation
Minor surgical procedures and eye procedure
Arthrocentesis/injections (including PRP and steroid)
Currently responsible in managing 9 industrial clinics
With 4 full time physician and 22 mid level providers.
Awards: -1994
Abstract accepted for competition, American College of
Physician 1994
Memberships: Credentialing Committee, Promesa Health
Pharmacy & Therapeutics Committee, Promesa Health
American Osteopathic Association
UCLA Alumni Association
Languages: English, Persian (Speak, write and read fluently) Spanish (Medical language)
References: Available upon request
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PROPOSER WARRANTY STATEMENTS
As a material part of its Proposal, Proposer 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 RFP.
Notwithstanding any other provisions of this RFP, Proposer warrants that the materials, supplies, or other services furnished under any contract or purchase order resulting from its Proposal shall be on the most suitable grade and meet or exceed the standards set forth in this RFP. Such warranty shall include the following; performance, workmanship, labor, materials, and Proposer design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Proposal, Proposer shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any resultant purchase order.
All materials, parts, labor, assemblies and components shall by subject to the warranty conditions and terms unless specifically exempted in writing by the City of Modesto.
Proposer Company Legal Name: Insert Proposer Logo Here (if existent):
Insert Proposer Warranty Statement Beginning Here:
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California Levine Act Disclosure
California City
if
and for . .
-
ity
1. ity
contract?
___ YES ___ 2.
ity
___ YES ___
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may
ity _________________ _____________________________ Date _____________________________ #4..
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City of Modesto, CA
Finance
DeAnna Christensen, Director of Finance
PO BOX 642, Modesto, CA 95353
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071
Occupational Medical
RESPONSE DEADLINE: March 24, 2026 at 11:00 am
Report Generated: Wednesday, March 25, 2026
Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers Response
CONTACT INFORMATION
Company:
Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers Email:
[email protected]
Contact:
Trudy Pastine
Address:
Corporate: 1011 North MacDill Ave Tampa, FL 33607 Tampa, FL 33607 Phone:
N/A
Website:
www.lifescanwellness.com
Submission Date:
Mar 24, 2026 10:36 AM (Pacific Time)
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. RFP Acknowledgement and Proposal RFP ACKNOWLEDGEMENT* PassThe party submitting acknowledges receipt of the referenced RFP and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Proposer indicated in Proposer’s Proposal and 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. Confirmed 2. Proposer Company Information PROPOSER COMPANY FULL LEGAL NAME* PassPlease provide the full legal name of the company on this proposal. It may already be provided elsewhere, but please provide here to confirm. Life Extension Clinics,Inc. PROPOSER COMPANY MARKETPLACE (OR DBA) NAME* Pass #4..
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 3 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.
Life Scan Wellness Centers TYPE OF LEGAL ENTITY* PassIs the Proposer Company a Corporation, Limited Liability Company, Partnership, or Sole Proprietorship? If the Proposer 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 TYPE OF LEGAL ENTITY - SELECT* PassPlease select which of the following legal entity options under which the Proposer Company operates. Corporation LEGAL ENTITY STATE OF REGISTRATION* PassIn which State is the Proposer Company registered? Florida #4..
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 4 PROPOSER COMPANY HEADQUARTERS ADDRESS* PassPlease provide the full street address for the headquarters of the Proposer Company. Be sure to include the following:
Full Street Address City State Country Postal Code Life Scan Wellness Centers-1011 North MacDill Avenue, Tampa, FL 33607 COMPANY WEBSITE ADDRESS PassPlease provide the full company website address for the Proposer Company. WWW. Lifescanwellness.com PROPOSAL CONTACT PERSON DETAILS* PassPlease provide the following information for the Contact person for this proposal:
Name Title Phone (Office) Phone (Mobile)
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 5 Mailing Address (Street Address, City, State, Postal Code) Fax Number Email
Chief Todd LeDuc, Ret. CEO, 813-876-0625, 954-410-3862 , 1011 North MacDill Avenue, Tampa, Fl 33607, 813-876-0653, [email protected] FEDERAL TAXPAYER IDENTIFICATION NUMBER (TIN)* PassPlease provide the Proposer Company's Federal Taxpayer Identification Number here. 59-3530228 DUNS & BRADSTREET (DUNS) NUMBER Please provide the Proposer Company's Duns & Bradstreet (DUNS) Number here. No response submitted PROPOSER OFFICER NAMES AND TITLES* PassPlease provide the Names and Titles of the Top Three Proposer Officers in the following manner:
Full Name, Full Title Full Name, Full Title Full Name, Full Title Patricia Johnson, COB Mike Terran, CFO
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 6 Chief Todd LeDuc, CEO YEARS IN BUSINESS* PassFor how long has the Proposer Company been in business? Please indicate in number of years. 28 years CLOSEST PROPOSER OFFICE* PassPlease provide the address for the Proposer Office closest to the City of Modesto. Please be sure to provide:
Full Street Address City State Country Postal Code Life Scan Wellness Centers-1011 North MacDill Avenue, Tampa, FL 33607 CITY OF MODESTO BUSINESS LICENSE* PassDoes the Proposer Company currently possess a valid City of Modesto Business License? NOTE: An answer of "No", does not exclude the proposal from evaluation as it is not required until the contract begins.
No
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 7 PROPOSER FINANCIAL STATEMENTS* PassMinimum Qualifications are mandatory for proposal consideration, and at a minimum shall include the following: Financial Stability: City staff will request financial statements from the proposer whose proposal is determined to best meet the City’s needs, as determined by the selection committee. Within two (2) business days of City request, proposer shall provide a copy of their company’s most recent professionally prepared Financial Statements (Income Statement and Balance Sheet). These statements, if unaudited, shall be accompanied by a cover letter that states the name and title of the preparer, the basis of the financial statement presentation (cash or accrual) and whether these statements have been prepared in accordance with Generally Accepted Accounting Principles for the most recent fiscal year end of the proposer. Audited financial statements shall be submitted in their entirety, including the auditor’s opinion and notes to the financial statements. A separate document shall be provided and signed under penalty of perjury by the proposer’s financial officer or owner that explains the proposer’s inability to provide statements for a fiscal period that ended at least eight (8) months before the required date of submittal, if such inability exists. One complete set of Financial Statements shall be submitted within two (2) business days of City request. Financial Statements, whether delivered via email, by an employee of the proposer, U.S. Postal Service, courier or package delivery service must be received by the City of Modesto, Purchasing Division within two (2) business days of request. Financial statements delivered via email should be sent to [email protected]. If sent via email, proposer is encouraged to follow-up with a phone call to Lynn Schmidt at (209) 577-5412, to confirm receipt. Failure of proposer to provide requested documents within two (2) business days, may disqualify proposer from further consideration. The City of Modesto assumes no responsibility for delay in the delivery of the Financial Statements to the City. CITY OF MODESTO, PURCHASING DIVISION 1010 10TH STREET, SUITE 5300 ATTN: Lynn Schmidt Occupational Medical #RFP-00071 MODESTO, CA 95354 #4..
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 8 By checking the box below, Proposer confirms that they understand the financial statement requirements as set forth above. Confirmed 3. Pricing Schedule PRICING SCHEDULE* PassPlease download the below documents, complete, and upload. Pricing_Schedule.docx
Pricing information has not been unsealed yet
4. City Forms PROPOSER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS* PassDoes the Proposer have any exceptions, clarifications, or amendments to this RFP, sample agreement, or its associated specifications? No PROPOSER CUSTOMER REFERENCES* PassPlease download the below documents, complete, and upload. Proposer_Customer_Reference...
Modesto_Proposer_Customer_References_Form_3_14_2026.pdf FINANCIAL INTEREST DISCLOSURE* #4..
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 9 PassPlease download the below documents, complete, and upload. Financial_Interest_Disclosu...
LEC_Financial_Information_complete.pdf PROPOSER COMPANY HISTORY STATEMENT* PassPlease download the below documents, complete, and upload. Proposer_Company_History_St...
Proposer_Company_History_Statement_Form_Life_Extension_Clinics,_Inc_3_23_2026.pdf PROPOSER EXPERIENCE AND QUALIFICATIONS* PassPlease download the below document, complete, and upload. Proposer_Experience_and_Qua...
City_of_Modesto_Proposors_Qualification_Statement_Life_Scan_Wellness_Centers_Response_3_14.pdf PROPOSER WARRANTY STATEMENTS* PassPlease download the below documents, complete, and upload. Proposer_Warranty_Statement...
Proposer_Warranty_Statements_Life_Extension_Clinics,_Inc_3_23_2026.pdf CALIFORNIA LEVINE ACT DISCLOSURE* Pass #4..
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[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT RFP No. RFP-00071 Occupational Medical
[LIFE EXTENSION CLINICS, INC. D/B/A LIFE SCAN WELLNESS CENTERS] RESPONSE DOCUMENT REPORT Request For Proposal - Occupational Medical Page 10 Please download the below documents, complete, and upload. Modesto_Levine_Act_Statemen...
Modesto_Levine_Act_Statement_Form_signed.pdf 5. Additional Proposal Items ADDITIONAL INFORMATION (IF NEEDED) For any additional information requested or required by any of your previously provided answers or as stated within this RFP please upload the additional documentation here.
Only include pricing under the Pricing Schedule section of this RFP.
No response submitted SUBMITTAL CONFIRMATION* PassProposer hereby certifies that all information provided within this submittal is accurate to the best of their knowledge and acknowledges that they have provided proof of their authority to submit a proposal on behalf of the stated Company Name committing them to the information contained within said submittal. By checking the "please confirm" box below, you certify the above statement. Confirmed #4..
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PROPOSER CUSTOMER REFERENCES FORM
Proposer shall provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced RFP. Proposer’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced RFP. Proposers failing to provide references may be deemed as non-responsive.
The City may contact some or all of the references provided in order to determine the Proposer’s performance record on services similar to that described in the above-referenced RFP. The City reserves the right to contact references other than those provided in Proposer’s submission and to use the Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code:
Address:
Company Name:
Annual Contract Value $
Service:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code:
Address:
Company Name:
information gained from them in the award process.
2022 to Present (Fire Department)
Fire Department and Police Department
916-390-9719
[email protected]
Chief David Lauchner, Fire Department
Sacramento, CA
5801 Florin Perkins Rd
City of Sacramento Fire and Police Departments
250,000.00
Assistant Chief Scott Quirate
Carmarillo, Ca
165 Durley Avenue
Ventura County Fire Department
[email protected]
2021- Present
Fire Department
850-389-9726
400,000.00
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Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code
Address:
Company Name:
Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code
Address:
Company Name:
Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code
Address:
Company Name:
2019- Present
Police and Fire Departments
C 948-867-2836
[email protected]
Sr. Police Officer Adam Stephens
Williamsburg, VA
4600 Opportunity Way
James City County Police and Fire Departments
140,000.00
2022- Present
Fire Department
408-615-4935
[email protected]
Chief Jenn Panko
Santa Clara, CA 95050
777 Bento St.
City of Santa Clara Fire Department
270,000.00
2017 to present
City Police and Fire Departments
Major Tedesco-727-562-4334 Chief Johnson-727-444-7242
[email protected] and [email protected] PD- Major Anthony Tedesco /FD Division Chief Todd Johnson Clearwater, 33746
1716 Belcher Road
City of Clearwater Fire and Police Departments
240,000.00
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PROPOSER COMPANY HISTORY STATEMENT
Company History Statement - Proposer shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for The Proposer’s company history overvie
Proposals (RFP).
w statement shall be approximately one to three pages in length and Proposer Company Legal Name:
inserted below:
Insert Proposer Logo Here (if existent):
Insert Proposer Company History Overview Statement Beginning Here:
Life Extension Clinics, Inc. D/B/A Life Scan
Wellness Centers
address the modern health challenges facing the public safety community. to evolve, recently expanding into behavioral health partnerships and specialized cancer screenings to Under the leadership of CEO Todd LeDuc, a retired Fire Chief, Life Scan Wellness Centers continues responders.
of early detection for cancer, heart disease, and strokes, significantly improving outcomes for first • Innovative Diagnostics: We pioneered the use of ultrasound-aided physical exams as a cornerstone NFPA 1582, NFPA 1583, and OSHA 1910.134 standards.
• Standards-Driven Programs: Our clinical protocols are built on a foundation of strict compliance with performing more than 40,000 to 50,000 exams annually.
• Proven Scale: Today, Life Scan is the nation's leading provider of enhanced public safety physicals, cities and counties across the United States.
• National Footprint: The organization has successfully implemented its wellness model in over 550 medical needs of firefighters and law enforcement personnel. • Decades of Specialized Service: For over 28 years, Life Scan has exclusively focused on the unique Key Milestones and Experience:
occupational medicine.
Scan has been dedicated to protecting those on the front lines by integrating advanced screening with diseases specifically prevalent in high-stress, high-risk public safety roles. Since its inception, Life recognized a critical gap in traditional occupational health: the early detection of life-threatening Life Scan Wellness Centers was co-founded in 1998 by Patricia Johnson and Mike Terrana, who Company History and Overview
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#RFP-00071| LifeScanWellness.com
10 DBA Life Scan Wellness Centers
Life Extension Clinics, Inc.
Proposers Qualification Statement
1 North MacDill Avenue
lifescanwellness.com
(813) 876-0625
Tampa, FL 33607
1. Firm Background and Organizational Information
RFP
CA Supervisory Physician
Corporate Medical Director
Incorporated
Number of Employees
Email
Authorized Signature
Contact Numbers
Testing Site
#RFP-00071 Occupational Medical
Dr. Adam Corrado, M.D.
Anthony L. Capasso, M.D. P.A.
Florida, August 1998
100+
[email protected]
Chief Todd LeDuc, Ret. CEO
Fax (813) 876-0653
Phone (813) 876-0625
of Modesto
On-site location designated and provided by: City
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#RFP-00071| LifeScanWellness.com
We are pleased to share the following response to Occupational Medical #RFP-00071. The information contained in this proposal is true and Life Extension Clinics, Inc. D/B/A Life Scan Wellness Centers was founded in 1998 to provide first responders with life-saving complete to the best of my knowledge.
early detection of
diseases. Today, we are the nation’s leading provider of NFPA 1582/1583 compliance physicals, and provide on-site programs to 550 Fire Service, In this proposal, you will find more information on the complete on-site package we have prepared for the City of Modesto. We m EMS, and Law Enforcement Departments nationwide.
eet all
Our comprehensive on-site services include a dedicated team assigned to the City of Modesto that includes an Advanced Registere requirements as set for in this RFP.
d Nurse
Practitioner, Ultrasound Sonographer, and Clinical Exercise Physiologist. These professionals provide personalized health examinations Our On-Site Life Scan Public Safety Physicals require a very small footprint in a facility or facilities provided by the City o ultrasound sonography, as well as a personalized wellness plan. and screening services. Each of your participants receives potentially life-saving screenings, including advanced blood laboratory analysis and f Modesto Fire and
Police Departments that includes three private rooms.
• Room 3: Exercise Physiologist exam room. It requires space for 1 small desk/table, 2 chairs, an exercise floor mat, and a stan • Room 2: Ultrasound Technologist exam room. Requires space for 1 small desk/table, 2 chairs, and a portable exam table. • Room 1: Nurse Practitioner exam room. Requires space for 1 small desk/table, 2 chairs, and a portable exam table. dard
treadmill.
Each of your members receives potentially life-saving screenings, including advanced blood laboratory analysis and ultrasound sonography, as well With over 26 years of experience as the nation’s leading Public Safety physical provider and an outstanding record of success, as a personalized wellness plan.
Life Scan Wellness
Centers is the best choice for the City of Modesto. We look forward to your response. #4..
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#RFP-00071| LifeScanWellness.com
Life Scan Wellness Centers is the nation’s leading provider of NFPA
2. Relevant Experience and Qualifications
158/1583 compliant physicals.
Leadership Board.
Broward County Sheriff Fire Rescue. He recently retired as Fire Chief and now serves on the company’s Corporate enforcement personnel. Among its early proponents was Chief Todd J. LeDuc, who served for over 30 years as The newly formed company quickly found a need for its services among first responders: fire fighters, EMS and law onsite screenings and examinations.
the latest medical technology, to detect potential problems early, and to bring these services directly to people through earlier!” went from a rallying cry to their mission: to create easily accessible and effective healthcare screenings, using the pain of losing a loved one from a potentially preventable medical condition. “If only we could have found it Life Scan Wellness Centers was founded in 1998 by Patricia Johnson and Mike Terrana. Both experienced firsthand leading to life-saving early intervention.
50,000 abnormal readings, which could then be followed up by participants with their personal physicians, potentially We serve over 550 Fire Service, EMS, and Law Enforcement Departments. To date, we have identified more than #4..
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#RFP-00071| LifeScanWellness.com
experience higher rates of both cancer, cardiovascular disease, and mental health challenges compared to the public.
According to the Centers for Disease Control and Prevention (CDC), first responders and emergency workers Cancer
Firefighters have been found to have a significant increase in cancer diagnoses and cancer-related Cardiovascular Disease:
smoke, chemicals, and other carcinogens during their duties. deaths compared to the general population. This is attributed to their exposure to hazardous substances like First responders, including police officers and firefighters, face a higher risk of Mental Health:
For instance, police officers may face a risk of cardiac death up to 70 times higher during stressful situations. deprivation, high-stress situations, and exposure to hazardous environments, contribute to this increased risk. cardiovascular disease. The stress and physical demands of their jobs, combined with factors like sleep First responders face significant mental health challenges due to the nature of their work. first responders to help them cope with the demands of their jobs. symptoms of PTSD. These statistics highlight the critical need for mental health support and interventions for Nearly one-quarter of public safety telecommunicators experience depression, and as many as 24% have than in the line of duty, and EMS clinicians are also at a higher risk of suicide compared to the general public. traumatic stress disorder (PTSD). Firefighters and law enforcement officers are more likely to die by suicide Approximately 30% of first responders develop mental health challenges including depression and postFirst Responder Mental Health and Suicide: An Evidence-Based approach | EMS.gov supplementalresearchbulletin-firstresoonders-may2018.pdf Firefighter Cancer Rates: The Facts from NIOSH Research | Blogs | CDC mitigate these health issues — and the need for Life Scan Wellness Centers’ services for City of Modesto.
These elevated risks highlight the importance of proactive health monitoring and support for first responders to help #4..
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#RFP-00071| LifeScanWellness.com
Abnormal Finding
screenings for one year.
The table below provides a list of the various screenings performed, the number of findings, and the total number of disease, behavioral health and other health issues.
These in-depth physicals have proven time and time again the importance of early detection of cancer, cardiovascular organization with over 550 fire service, EMS, and law enforcement departments.
Over its successful history, Life Scan Wellness Centers has grown into a nationally recognized Demonstrated History of Successful Public Safety Physicals Abnormal (tot)
Abnormal Cholinesterase
APRN Physical Exam
64 Decreased WBC's 229
Elevated BUN/Creatinine & low eGFR 647
Elevated Heavy Metals 28
Elevated Hemoglobin Alc > 6.4% 920
Elevated LDL/HDL Ratio >3.6 and/or LDL >190 3577
Elevated Liver Enzymes 3128
Elevated Triglycerides > 150 mg/dL 5182
High or Low TSH level 1113
Increase PSA > Ing/mL over 1 year or > 4ng/mL 392
Low Platelets 274
Low Testosterone < 200 ng/dL 899
Positive Hemoccult 7
Abnormal PFT's (Fail per NFPA)
Pulmonary Function
Exercise PHysiologist Exam
102
Stage 2 HTN BP > 160/100mmHg
Hypertension
200
Undiagnosed Stage 1 HTN BP > 140/90mmHg 2162
Overweight >30%(Female)
Body Fat %
397
Overweight >25% (Male) 2206
Unable to stress R/T significant finding
Cardiovascular
203
Abnormal resting EKG 525
Abnormal rhythm or BP response to GXT 627
METs <10 2624
VO2 <34mL/kg/min 2090
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#RFP-00071| LifeScanWellness.com
Abnormal Finding Abnormal (tot)
Bicuspid Aortic Valve
Cardiovascular
Ultrasound studies
86 Carotid Stenosis > 50% 41
Dilated Aortic Root > 4.0 cm 497
Left Ventricular Hypertrophy 10
Low Ejection Fraction < 50% 1367
Mitral Valve Prolapse 18
Renal Aneurysm 0
Severe Aortic Insufficiency 18
Severe Valve Insufficiency 1
Gall Bladder Mass
Gall Bladder
4 Gall Bladder Polyp(s) 942
Gall Stones 732
Kidney Mass
Kidneys/Renal
194
Kidney Stones 882
Fatty Liver
Liver
10,521
Liver Mass 468
Complex ovarian cyst
Pelvic
29 Enlarged prostate by volume 1443
Ovarian Mass 53
Prostate Mass 135
Severe varicoceles 1
Testicular Mass 60
Thickened endometrium 2
Urinary bladder mass 41
Uterine Mass 235
Spleen Enlargement
Spleen
439
Complex Thyroid cyst
Thyroid
1077
Heterogenous/Cystic appearance 2193
Nodules- Follow-up > 1cm 1668
Nodules- Monitor < 1cm 3642
Total # of Abnormals 54,914
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#RFP-00071| LifeScanWellness.com
Survival Section.
as a CFAI peer reviewer, NFPA Technical Committee 1582/1583, and Board Member of IAFC Safety Health & application, implementation, and management of AFG awards with his experiences from not only Broward County, but review and scoring process. He has also served as an industry advisory to numerous departments on both their members. Chief LeDuc represented the International Association of Fire Chiefs as a peer review for the AFG technical in Broward County (Florida) Fire Rescue. Broward County is an internationally accredited metro department of 900 and enhanced cancer, cardiovascular and behavioral health screenings, and metabolic fitness assessment while serving CEO and Retired Fire Chief Todd LeDuc has authored and managed two AGF grants for NFPA 1582/1583 physicals Health, and Survival Section, and the IAFF/IAFC Wellness Fitness Initiative Committees. branches of service, including Chief Todd LeDuc, Ret., on the technical committee of NFPA 1582, IAFC Safety, and fitness for first responders. We include among our leadership team active and retired professionals from all Over our 26-year history, we have developed a well-earned reputation as experts and educators in the field of health Committed to the Health and Wellness of First Responders employees. More information about the proposed services for the City of Modesto is included in this response. that fitness – in both mind and body – is critical to overall health and wellbeing and ensures the most productive screening, we incorporate mental health and fitness evaluations and education as part of our services. We understand At Life Scan Wellness Centers, we believe in a whole-person approach to health and wellness. In addition to disease #4..
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#RFP-00071| LifeScanWellness.com
California. Our contracts include numerous Metro Departments (500+) in Life Scan has over 550 clients in sizes ranging from 45 to 2,250 members throughout the United States including Past Performance Summary
Commonwealth.
recognizes private sector excellence in dedication and support to the fire service agencies throughout the In 2025, we received the Virginia Governor’s Fire Service Award for private Sector Excellence. This category organizations or the fire service.
individuals who have made a significant contribution to the overall environment of health and safety in their We are also the recipients of the Safety, Health, and Survival Section awards, which recognize both organizations and health and wellbeing of firefighters across the nation.
Goldfeder Fire Service Organizational Safety Award in recognition of our 26 years of innovation and dedication to the Life Scan Wellness Centers is the proud recipient of the IAFC Safety, Health, and Survival Section 2024 Billy We have also been recognized many times for our outstanding service to law enforcement, EMS, and fire fighters.
Awards and Recognition
&DOLIRUQLD, Kansas, Missouri, Texas,
Virginia Minnesota, and Washington. Life Scan Wellness Centers also has contracts with large to midsize Health Trusts including the IAFF Health Trust and LEOFF Health Trust that are multi- department trusts. #4..
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PROPOSER CUSTOMER REFERENCES FORM
Proposer shall provide a list of five current or former customers able to discuss prior experience with similar type of services requested by the City in the above-referenced RFP. Proposer’s references shall have similar volume and requirements to the City of Modesto’s as described in the above-referenced RFP. Proposers failing to provide references may be deemed as non-responsive.
The City may contact some or all of the references provided in order to determine the Proposer’s performance record on services similar to that described in the above-referenced RFP. The City reserves the right to contact references other than those provided in Proposer’s submission and to use the Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code:
Address:
Company Name:
Annual Contract Value $
Service:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code:
Address:
Company Name:
information gained from them in the award process.
2022 to Present (Fire Department)
Fire Department and Police Department
916-390-9719
[email protected]
Chief David Lauchner, Fire Department
Sacramento, CA
5801 Florin Perkins Rd
City of Sacramento Fire and Police Departments
250,000.00
Assistant Chief Scott Quirate
Carmarillo, Ca
165 Durley Avenue
Ventura County Fire Department
[email protected]
2021- Present
Fire Department
850-389-9726
400,000.00
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Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code
Address:
Company Name:
Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code
Address:
Company Name:
Annual Contract Value $
Services:
Date Range of
Agency:
Governmental
Type of Business or
Telephone Number:
Email Address:
Contact Person:
City, State, Zip Code
Address:
Company Name:
2019- Present
Police and Fire Departments
C 948-867-2836
[email protected]
Sr. Police Officer Adam Stephens
Williamsburg, VA
4600 Opportunity Way
James City County Police and Fire Departments
140,000.00
2022- Present
Fire Department
408-615-4935
[email protected]
Chief Jenn Panko
Santa Clara, CA 95050
777 Bento St.
City of Santa Clara Fire Department
270,000.00
2017 to present
City Police and Fire Departments
Major Tedesco-727-562-4334 Chief Johnson-727-444-7242
[email protected] and [email protected] PD- Major Anthony Tedesco /FD Division Chief Todd Johnson Clearwater, 33746
1716 Belcher Road
City of Clearwater Fire and Police Departments
240,000.00
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#RFP-00071| LifeScanWellness.com
. Key Personnel
Staff Bios
of Modesto should we be chosen for this project.
Below please find the biographies of the leadership team, as well as the specific team who will be assigned to the City company. Highlights of her many contributions to the field include:
public employees and public safety officers. Patricia oversees all operations of the expertise to the company and a passion for the unique health and wellness needs of serve as the business liaison for this project. She brings over 35 years of medical Patricia Johnson is the founder and CEO of Life Scan Wellness Centers. She will Chairman and Co-Founder
Patricia Johnson
• Integration of occupational medical services with preventative medicine. • Pioneered the ultrasound-aided physical exam with NFPA 1582 physicals. •
attacks, strokes, and cancer
Early detection and prevention of chronic and acute diseases such as heart .
Chief LeDuc serves as our expert on public safety health and wellness. He will be CEO
Chief Todd J. LeDuc, MS, CFO, Fire (Ret.)
corporate compliance.
Wellness Centers. His responsibilities in this project include ensuring legal and serves as the Chief Financial officer and Chief Legal Counsel for Life Scan Florida Bar and has over 35 years of experience as a practicing attorney. Michael Michael Terrana, Co-Founder of Life Scan Wellness Centers, is a member of the CFO and Co-Founder
Michael Terrana, Esq.,
Section Treasurer.
International Association of Fire Chief’s (IAFC) Safety, Health & Survival for over 30 years, retiring as Assistant Fire Chief. He is a Member of the LeDuc served as a member of the Broward County Sheriff Fire Rescue in Florida the liaison between Life Scan Wellness Centers and City of Modesto. Chief #4..
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#RFP-00071| LifeScanWellness.com
be the
Jennifer plays a critical role in supporting the organization’s mission. Jennifer will administrative coordination, customer services, and ensuring smooth operations.
Life Scan Wellness Center. Her responsibilities encompass project management, Jennifer holds the position of Chief Administrative Officer and Project Manager at Chief of Administration & Account Manager
Jennifer Connelly,
$FFRXQW0DQDJHUand Project Manager for the City of Modesto.
Dr. Capasso is Board Certified in Internal Medicine and brings over 25 years Corporate Medical Director
Dr. Anthony Capasso, M.D.
members for exams and will be the coordinator for your project. well as manages administration operations. She coordinates with departments and patient care and operational efficiency. She assists the Chief of Administration as oversees planning, execution, and delivery of technology projects that enhance for Life Scan Wellness Centers. She joined the company 9 years ago and Rebecca Knecht is a certified exercise physiologist who serves as Project Lead Director of Projects and IT
Rebecca Knecht, MS ACSM-CEP
and excellence.
and reviews all our services to ensure we uphold the strictest standards for quality medicine. Dr. Capasso has served as our Corporate Medical Director for 18 years and police physicals, medical clearance, HAZMAT medical clearance, and internal matters related to first responders, post- offer employment physicals, firefighter of medical experience to this project. He is well-versed in occupational health #4..
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#RFP-00071| LifeScanWellness.com
The team assigned to the City of Modesto will include:
personnel and will be an important part of the project.
Each Life Scan Wellness team consists of three experts in their field. These experts provide on-site services to your The City of Modesto Team Composition
• Exercise Physiologist
• Ultrasound Sonographer
• Advanced Practice Registered Nurse (APRN) (California Licensed) Each Life Scan Wellness Centers’ team includes the following personnel:
Team Composition
pulmonary function as well as physical fitness and overall health. assessment. These experts on your team will evaluate cardiovascular testing and patients' cardiovascular and metabolic health through various tests and using exercise to help patients manage and improve their health. They evaluate A clinical exercise physiologist is a healthcare professional who specializes in Clinical Exercise Physiologist
safety officers/ staff to take proactive steps toward better health. cancer, heart disease, stroke, and aneurysms at an early stage, we empower public vascular health, and heart conditions. By identifying major diseases such as Our approach includes enhanced early detection screenings for internal organs, Life Scan Wellness Centers pioneered the use of ultrasound-aided physical exams.
Ultrasound Sonographer
manager.
results. The on-site Nurse Practitioner assists as the local on-site account / project bloodwork, and makes appropriate recommendations based on the overall exam an APRN. The APRN performs a thorough physical examination, evaluates more specialized and autonomous roles in healthcare. Each of our teams is led by completed advanced clinical and educational training, allowing them to take on An Advanced Practice Registered Nurse (APRN) is a registered nurse who has Advanced Practice Registered Nurse (APRN)
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#RFP-00071| LifeScanWellness.com
addition of patient and client portals. There will also be extended data management capabilities that will feature predominatel Records (EMR). We have recently updated our systems to include exposure and infectious disease options as well as the Life Scan Wellness Centers adheres to standard best practices to maintain the confidentiality of patient Electronic Medical Electronic Records and Data Management
role is to ensure consistency and adherence to best practices.
Our team members are well-versed in the specific requirements outlined in the NFPA standards for Firefighter Physicals. Their NFPA 1582/1583 Compliance Personnel
extensive professional development and training to ensure their knowledge and skills are up to date. experience with first responder and law enforcement personnel health and wellbeing. Team members also participate in The team chosen for the City of Modesto includes experienced Life Scan Wellness Center employees with extensive firsthand Clinical Expertise
staff. We have teams fully trained and available throughout California and the US to meet the RFP requirements.
Practice Registered Nurses (APRNs) who conduct physical examinations, oversee the on-site program, and supervise clinical Life Scan Wellness Centers approaches public safety physicals from an integrated perspective. Each team includes Advance Project Response: Proposed Outline
&DSDFLW\DQG$YDLODELOLW\
y
in our new Foundation’s research partnerships. All areas of confidentiality will be according to the confidentiality requirements WLPHIUDPH
days, 5 days a week, for a total of 45 patients per weeks, and can schedule concurrent locations as needed to accommodate the Our standard policy is to complete the annual physicals within 12 months of the contract award. We can schedule 9 patients per rays as needed.
Modesto. These include physical examinations, ultrasound screenings, and fitness evaluations, as well as chest and lumbar xLife Scan Wellness Centers’ on-site testing capabilities can provide on-site services to any locations provided by the City of Mobile Testing Capabilities and Scheduling
examinations per week at the on-site locations provided by the City of Modesto .
Life Scan Wellness Centers can accommodate the number of physicals required in this RFP. We can provide 45 physical employees requiring physicals and their shifts and hours. operation, number of days and program dates will be determined by Life Scan Wellness Centers according to the number of We ask that your department coordinate patient appointments to ensure no disruptions to personnel scheduling. The hours of Hours of Operation and Scheduling
of the RFP.
and quantity of examinations indicated in this RFP.
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All equipment used for the Life Scan Wellness Centers is state of the art and owned by Life Scan Wellness Centers.
EQUIPMENT: Provided by Life Scan Wellness Centers
needed to accommodate the timeframe and quantity of examinations indicated in this RFP. schedule 9 patients per days, 5 days a week, for a total of 45 patients per weeks, and can schedule concurrent locations as rays as needed. Our standard policy is to complete the annual physicals within 12 months of the contract award. We can Modesto. These include physical examinations, ultrasound screenings, and fitness evaluations, as well as chest and lumbar xLife Scan Wellness Centers’ on-site testing capabilities can provide on-site services to any locations provided by the City of Mobile Testing Capabilities and Scheduling
examinations per week at the on-site locations provided by the City of Modesto.
Life Scan Wellness Centers can accommodate the number of physicals required in this RFP. We can provide 45 physical employees requiring physicals and their shifts and hours. operation, number of days and program dates will be determined by Life Scan Wellness Centers according to the number of We ask that your department coordinate patient appointments to ensure no disruptions to personnel scheduling. The hours of Hours of Operation and Scheduling
• Blood draws at any LabCorp Patient Service Center
• X-ray: On-site mobile services (Mobilex)
• Vision: Titmus Vision Screener
• Audiometry Equipment: Maico audiometer
• Fitness Testing equipment: provided by Life Scan Wellness Centers • EKG Stress Units: Welch Allyn & Norav Laptop computer based • Ultrasound Units: Terason & Mindray MX7
We request that you provide the following equipment at the testing location.
EQUIPMENT: Provided by the City of Modesto
· Treadmill(s)
1. During this meeting, we’ll discuss:
project management team and your program coordinators.
When you’re ready to begin, we will schedule a kick-off Conference Call (Zoom Meeting) with Life Scan Wellness Centers’ project, we can begin working with your department immediately to provide our potentially life-saving physicals.
It’s easy to work with Life Scan Wellness Centers. Our simple onboarding process ensures that once we are awarded this Implementation Strategy
Program components and requirements
2. Locations and spaces needed for on-site programs. Typically, we need three to four rooms to accommodate:
1. Physical exam
2. Audiometry testing area (this area should be chosen to minimize background noise) #4..
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#RFP-00071| LifeScanWellness.com
3. Cardiopulmonary/Fitness evaluations
4. Ultrasound exams
3. Timelines for your project.
4. Review of Patient Packet and Aggregate Data format.
5. Next, we will schedule dates for physicals.
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#RFP-00071| LifeScanWellness.com
department. Each contract includes:
Every Life Scan Wellness Centers physical includes professional services that will enhance the wellbeing of everyone in your Standard Life Scan Physical: What’s Included
physicals to ensure adequate time for the results to be obtained and reviewed by our team. concurrently if needed to accommodate more personnel. Blood draws are completed 4 to 6 weeks before the date of the We can typically see 45 people per week (9 people per day times 5 days a week = 45 people) but can run testing locations rotate among the testing units to complete all the tests in the three-hour time slot.
Each patient requires three hours for the full complement of tests. We can accommodate three patients per time slot. Patients on previous successful implementations.
The exact schedule for your department will be confirmed during the kick-off call. We proposed the following schedule based Sample Schedule
• Firefighter Medical Clearance and OSHA Respirator Medical Clearance (when required by agency) • Mental Health and Sleep Disorder assessments
• Diet and Nutrition recommendations
• Life Scan Ultrasound Screenings
• Cardiac Stress Test with EKG, submaximal
• NFPA 1583 Fitness Evaluations with Personal Fitness Rx • NFPA 1582
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#RFP-00071| LifeScanWellness.com
Optional Testing and Tools
screening, and enhanced cancer blood testing.
provide advanced cancer screenings, including low-dose lung CT, CT calcification scoring, esophageal cancer comprehensive support in areas such as behavioral health, fitness, and health monitoring. Additionally, we now Life Scan has partnered with leading experts to enhance our services. This collaboration allows us to offer Additional Available Services
• NFPA 1581 Exposure Tracking and Member Support
• Guardian Firefighter Health and Fitness App
• ESO Guard (Esophageal Cancer Screening Test)
• Enhanced Cancer Blood Tests (MCED)
• CT Cardiac Calcification Scoring
• Low Dose Lung CT
• CPET (Cardiopulmonary Exercise Test)
• Infectious Disease Tests
• On-site drug testing
• On-site OSHA Respirator Mask Fit Testing
Life Scan Wellness Centers does not use subcontractors. #4..
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PROPOSER WARRANTY STATEMENTS
As a material part of its Proposal, Proposer shall insert below a written statement detailing any materials and workmanship warranties, terms and conditions in conformance with the specifications and requirements set services furnished under any
Notwithstanding any other provisions of this RFP, Proposer warrants that the materials, supplies, or other forth in this RFP.
contract or purchase order resulting from its Proposal shall be on the most suitable grade and meet or exceed the standards set forth in this RFP. Such warranty shall include the following; performance, workmanship, labor, materials, and Proposer design or engineering contributions. If a defect is discovered in any item of the materials, assemblies, components, supplies or services covered in this Proposal, Proposer shall correct at its sole expense, all such defects as are reported within 30 days of City’s final acceptance. Upon expiration of the applicable warranty period, all such liability shall terminate except for fraud or such gross mistakes as amount to fraud, latent defects, or specific failure to comply with the terms or any All materials, parts, labor, assemblies and components
resultant purchase order.
shall by subject to the warranty conditions and terms
unless specifically exempted in writing by the City of Modesto.
Proposer Company Legal Name: Insert Proposer Logo Here (if existent):
Insert Proposer Warranty Statement Beginning Here:
Life Extension Clinics, Inc.
1. Warranty of NFPA
PROPOSER WARRANTY STATEMENTS for Life Scan Wellness Physical Examination Services -1582 Compliance
healthcare practitioners and adherence to NFPA
documentation—shall fully comply with the current edition of NFPA 1582. This includes use of appropriately credentialed The Proposer warrants that all clinical services—including examinations, diagnostic testing, equipment, protocols, and -1582 medical evaluation procedures.
5. Warranty of On
The Proposer warrants that all PHI will be safeguarded according to HIPAA and applicable privacy laws.
4. Warranty of Privacy, Security & HIPAA Compliance
The Proposer warrants that all information submitted is true, complete, accurate, and supported by verifiable records.
3. Warranty of Accuracy, Integrity, and Completeness of Information appropriate training and experience.
The Proposer warrants that all clinical staff engaged in Public Safety examinations hold valid licenses and credentials and have
2. Warranty of Professional Qualifications
-Site Service Delivery Capacity
The Proposer warrants that it possesses the operational capability to deliver on-site NFPA-1582 Public Safety physicals,
8. Warranty of Non
required.
The Proposer warrants that it maintains Professional Liability, General Liability, and Workers’ Compensation insurance as
7. Warranty of Liability Insurance Coverage
communicated timely, and that final reports will be delivered within the agreed timeline.
The Proposer warrants that all results will be reviewed by the examining healthcare practitioner, that abnormal findings will be
6. Warranty of Clinical Quality and Timeliness
including mobile units, equipment, staffing, logistics, and timely completion. -Discrimination & Ethical Conduct
10. Warranty Against Conflict of Interest
The Proposer warrants compliance with all applicable federal, state, and local laws, OSHA, CLIA, and licensing requirements.
9. Warranty of Compliance with all Laws & Regulations
The Proposer warrants that services will be provided without discrimination based on any protected class. #4..
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California Levine Act Disclosure
California 'ŽǀĞƌŶŵĞŶƚŽĚĞ^ĞĐƟŽŶϴϰϯϬϴ͕ĂůƐŽŬŶŽǁŶĂƐƚŚĞΗ>ĞǀŝŶĞĐƚΗ͕ƉƌŽŚŝďŝƚƐ City ͞ŽĸĐĞƌƐ͟ĨƌŽŵ ƉĂƌƟĐŝƉĂƟŶŐŝŶĂŶLJĂĐƟŽŶƌĞůĂƚĞĚƚŽĂůŝĐĞŶƐĞ͕ƉĞƌŵŝƚ͕ŽƌŽƚŚĞƌĞŶƟƚůĞŵĞŶƚĨŽƌƵƐĞ ;Ă͞ƉƌŽĐĞĞĚŝŶŐ͟Ϳif ƐƵĐŚŵĞŵďĞƌĂĐĐĞƉƚƐ͕ƐŽůŝĐŝƚƐ͕ŽƌĚŝƌĞĐƚƐ ƉŽůŝƟĐĂůĐŽŶƚƌŝďƵƟŽŶƐ ĨƌŽŵĂƉĂƌƚLJƚŽƚŚĞƉƌŽĐĞĞĚŝŶŐŽƌƚŚĞŝƌ ĂŐĞŶƚƚŽƚĂůŝŶŐŵŽƌĞƚŚĂŶΨϱϬϬǁŚŝůĞƚŚĞƉƌŽĐĞĞĚŝŶŐŝƐƉĞŶĚŝŶŐďĞĨŽƌĞƚŚĞĂŐĞŶĐLJ͕ and for ƚǁĞůǀĞ ;ϭϮͿ ŵŽŶƚŚƐĨŽůůŽǁŝŶŐƚŚĞĚĂƚĞĂĚĞĐŝƐŝŽŶĐŽŶĐĞƌŶŝŶŐƚŚĞ ƉƌŽĐĞĞĚŝŶŐ ŚĂƐďĞĞŶŵĂĚĞ. dŚĞ>ĞǀŝŶĞĐƚĂůƐŽ ƌĞƋƵŝƌĞƐĚŝƐĐůŽƐƵƌĞŽĨƐƵĐŚĐŽŶƚƌŝďƵƟŽŶďLJĂƉĂƌƚLJƚŽƚŚĞƉƌŽĐĞĞĚŝŶŐ.
ĂƉƉŽŝŶƚĞĚŽĸĐĞƌŽĨĂŶĂŐĞŶĐLJ͕ĂŶLJĂůƚĞƌŶĂƚĞƚŽĂŶĞůĞĐƚĞĚŽƌĂƉ ^ĞĐƟŽŶϴϰϯϬϴ;ĂͿ;ϰͿŽĨƚŚĞ>ĞǀŝŶĞĐƚĚĞĮŶĞƐĂŶΗŽĸĐĞƌΗĂƐĨŽůůŽǁƐ͗͞KĸĐĞƌ͟ŵĞĂŶƐĂŶLJĞůĞĐƚĞĚŽƌ ƉŽŝŶƚĞĚŽĸĐĞƌŽĨĂŶĂŐĞŶĐLJ͕ĂŶĚĂŶLJ
ĐĂŶĚŝĚĂƚĞĨŽƌĞůĞĐƟǀĞŽĸĐĞŝŶĂŶĂŐĞŶĐLJ͘dŚĞƚĞƌŵ͞ŽĸĐĞƌ͟ŝƐĨƵƌƚŚĞƌĚĞĮŶĞĚϮĂů͘ŽĚĞZĞŐƐ͘^ĞĐƟŽŶ ϭϴϰϯϴ͘ϭ͕ǁŚŝĐŚƐƚĂƚĞƐ͗
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ƚŽĂŶĞůĞĐƚĞĚƉŽƐŝƟŽŶĚƵĞƚŽĂŶŝŶƚĞƌŝŵ
ǀĂĐĂŶĐLJŽƌĂŶĞůĞĐƟŽŶŽƚŚĞƌǁŝƐĞĐĂŶĐĞůĞĚďĞĐĂƵƐĞƚŚĞŽĸĐŝĂůǁĂƐƚŚĞƐŽůĞĐĂŶĚŝĚĂƚĞĨŽƌƚŚĞƉŽƐŝƟŽŶ͖ ;ϯͿ^ĞƌǀĞĂƐƚŚĞĐŚŝĞĨĞdžĞĐƵƟǀĞŽĨĂƐƚĂƚĞĂŐĞŶĐLJ͕ŽƌĐŽƵŶƚLJ͕Đ ;ϮͿ^ĞƌǀĞĂƐĂŵĞŵďĞƌŽĨĂďŽĂƌĚŽƌĐŽŵŵŝƐƐŝŽŶ͖
ŝƚLJŽƌĚŝƐƚƌŝĐƚŽĨĂŶLJŬŝŶĚ͖Žƌ
;ϰͿ,ĂǀĞĚĞĐŝƐŝŽŶŵĂŬŝŶŐĂƵƚŚŽƌŝƚLJǁŝƚŚƌĞƐƉĞĐƚƚŽƚŚĞƉƌŽĐĞĞĚŝŶŐŝŶǀŽůǀŝŶŐĂůŝĐĞŶƐĞ͕ƉĞƌŵŝƚ͕ŽƌŽƚŚĞƌ ĞŶƟƚůĞŵĞŶƚĨŽƌƵƐĞĂŶĚŝƐĂůƐŽĂĐĂŶĚŝĚĂƚĞĨŽƌĞůĞĐƚĞĚŽĸĐĞŽƌŚĂƐďĞĞŶĂĐĂŶĚŝĚĂƚĞĨŽƌĞůĞĐƟǀĞŽĸĐĞŝŶ ƚŚĞϭϮŵŽŶƚŚƐƉƌŝŽƌƚŽƚŚĞƉƌŽĐĞĞĚŝŶŐ͘
ůŝƐƚŽĨDŽĚĞƐƚŽŝƚLJŽƵŶĐŝůŽĂƌĚDĞŵďĞƌƐĐĂŶďĞĨŽƵŶĚŽŶůŝŶĞĂƚ͗DŽĚĞƐƚŽŝƚLJŽƵŶĐŝů ŚƩƉƐ͗ͬͬŵŽĚĞƐƚŽŐŽǀ͘ĐŽŵͬϳϬϲͬŽƵŶĐŝů-DĞŵďĞƌƐ ;ŵŽĚĞƐƚŽŐŽǀ͘ĐŽŵͿ͘dŚĞƉĂƌƚLJŵĂŬŝŶŐƚŚŝƐĐĞƌƟĮĐĂƟŽŶŝƐ ƌĞƐƉŽŶƐŝďůĞĨŽƌĚĞƚĞƌŵŝŶŝŶŐǁŚĞƚŚĞƌĂƌĞĐŝƉŝĞŶƚŽĨĂƉŽůŝƟĐĂůĐŽŶƚƌŝďƵƟŽŶŝƐĂity ŽĸĐĞƌƉƌŝŽƌƚŽ
1. ĂŶƐǁĞƌŝŶŐƚŚĞĨŽůůŽǁŝŶŐƋƵĞƐƟŽŶƐ͗
,ĂǀĞLJŽƵ͕LJŽƵƌĐŽŵƉĂŶLJ͕ŽƌĂŶLJĂŐĞŶƚŽŶďĞŚĂůĨŽĨLJŽƵŽƌLJŽƵƌĐŽŵƉĂŶLJ͕ŵĂĚĞĂŶLJƉŽůŝƟĐĂů ĐŽŶƚƌŝďƵƟŽŶƐŽĨŵŽƌĞƚŚĂŶΨϱϬϬƚŽĂŶLJity ŽĸĐĞƌ͕ŝŶƚŚĞƚǁĞůǀĞ;ϭϮͿŵŽŶƚŚƐƉƌĞĐĞĚŝŶŐƚŚĞĚĂƚĞ ŽĨƚŚĞƐƵďŵŝƐƐŝŽŶŽĨLJŽƵƌƉƌŽƉŽƐĂůƐŽƌƚŚĞĂŶƟĐŝƉĂƚĞĚĚĂƚĞŽĨĂŶLJŽƵŶĐŝů ĂĐƟŽŶƌĞůĂƚĞĚƚŽƚŚŝƐ ___ YES
contract?
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ĨŽůůŽǁŝŶŐĂŶLJŽƵŶĐŝůĂĐƟŽŶƌĞůĂƚĞĚƚŽƚŚŝƐĐŽŶƚƌĂĐƚ͍
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___ EK ✔
✔
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ĐŽŶƚƌĂĐƚƚŽLJŽƵƌĮƌŵŽƌƚĂŬŝŶŐĂŶLJƐƵďƐĞƋƵĞŶƚĂĐƟŽŶƌĞůĂƚĞĚƚŽ ŶƐǁĞƌŝŶŐz
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ƚŚĞŝĚĞŶƟĮĞĚity ŽĸĐĞƌĨƌŽŵƉĂƌƟĐŝƉĂƟŶŐŝŶĂŶLJĂĐƟŽŶƐƌĞůĂƚĞĚƚŽƐƵĐŚĐŽŶƚƌĂĐƚ͘ ,
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_____________________________
ŽŵƉĂŶLJͬƉƉůŝĐĂŶƚEĂŵĞ
2/26/26
Life Extension Clinics, Inc.
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ZXEYD-RSVYZ-YTVAX-G4QHM
REF. NUMBER DOCUMENT COMPLETED BY ALL PARTIES ON
26 FEB 2026 16:33:16
UTC
SIGNER TIMESTAMP SIGNATURE
[email protected]
EMAIL
TODD LEDUC
26 FEB 2026 16:33:16
SIGNED
26 FEB 2026 16:32:59
VIEWED
26 FEB 2026 16:24:38
SENT
BOCA RATON, UNITED STATES
LOCATION
99.45.224.116
IP ADDRESS
RECIPIENT VERIFICATION
26 FEB 2026 16:32:59
EMAIL VERIFIED
Signed with PandaDoc PAGE 1 OF 1
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1 OCCUPATIONAL MEDICAL SERVICES
PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance and other expenses necessary for Proposer to perform the required services shall be included in Proposal pricing. Proposal must be submitted on the below Pricing Schedule provided. No alterations should be made to the pricing schedule.
Any exceptions, amendments or adjustments should be noted on the Exceptions, Clarifications, and Amendments Form.
ESTIMATED ANNUAL QTY x UNIT PRICE = EXTENDED PRICE
**In case of discrepancy between a unit price and an extended price, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner. ** PRE-EMPLOYMENT PHYSICALS (POST Job Offer)
Services Est. Annual
Quantity
Unit of
Issue Unit Price Extended Price
Physical Examination Protocol A 35 Each $________/Each $_____________ Physical Examination Protocol B 40 Each $________/Each $_____________ Physical Examination Protocol D 2 Each $________/Each $_____________ Physical Examination Protocol F 29 Each $________/Each $_____________ Physical Examination Protocol G 5 Each $________/Each $_____________ Physical Examination Protocol H 30 Each $________/Each $_____________ Physical Examination Protocol I 1 Each $________/Each $_____________ Physical Examination Protocol J 16 Each $________/Each $_____________ Physical Examination Protocol K 32 Each $________/Each $_____________ Physical Examination Protocol L 1 Each $________/Each $_____________ Physical Examination Protocol M 6 Each $________/Each $_____________ Physical Examination Protocol O 13 Each $________/Each $____________ Physical Examination Protocol P 45 Each $_______/Each $_____________ ePay 1% Discount off of total Bid if Option (A) is chosen ANNUAL TOTAL $_____________
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2 Drug and Alcohol Testing
DOT Commercial Driver Physical Examinations
Fitness for Duty Exams
Consultation Services
Annual & Post-Employment Medical Surveillance
Optional Services
Description of Work Quantity Unit of Issue Unit Price Extended Price DOT Commercial Driver Exam
and Certificate (including report) 1 Each $________/Each $_____________ DOT Drug and Alcohol Screening
(including report) 1 Each $________/Each $_____________ DOT Drug Screening
(including report) 1 Each $________/Each $_____________ DOT Breath Alcohol Screening
(including report) 1 Each $________/Each $_____________ NON-DOT Drug and Alcohol
Screening (including report) 1 Each $________/Each $_____________ NON-DOT Drug Screening
(including report) 1 Each $________/Each $_____________ NON-DOT Breath Alcohol
Screening (including report) 1 Each $________/Each $_____________ Fitness for Duty Exam 1 Each $________/Each $_____________ Consultation Services 1 hourly $________/hour $_____________ Cal/OSHA Aerosol Transmissible
Disease Standard Compliance 1 Each $________/Each $_____________ Cal/OSHA Respirator
Questionnaire 1 Each $________/Each $_____________
Cal/OSHA Respirator Medical
Clearance and certificate 1 Each $________/Each $_____________ Asbestos Exposure Monitoring 1 Each $________/Each $_____________ Hazardous Waste Remediation
Examinations 1 Each $________/Each $_____________
Pesticide Exposure Monitoring 1 Each $________/Each $_____________ Advisor to City
(Courtroom Testimony) 1 Hourly $________/hour $_____________ #4..
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3 FIRE DEPARTMENT ANNUAL PHYSICAL
Additional 5-points awarded to those firms who offer an on-site mobile clinic.
Bundle Price Preferred Est. Annual
Quantity
Unit of
Issue Unit Price Extended Price
Hands-on physical exam
Bundle pricing preferred 190 Each $________/Each
Personal Consultation with review of
testing results 1 Each $________/Each $_____________
Med/ Occ/ Environmental History
Questionnaire 1 Each $________/Each $_____________
Skin cancer assessment 1 Each $________/Each $_____________ Behavioral Health and Sleep
Assessment Screenings 1 Each $________/Each $_____________ Audiology 1 Each $________/Each $_____________
Vision Exam (Titmus) 1 Each $________/Each $_____________ Thyroid Ultrasound 1 Each $________/Each $_____________ Echocardiogram 1 Each $________/Each $_____________
Carotid Arteries Ultrasound 1 Each $________/Each $_____________ Coronary Calcium Score Baseline 1 Each $________/Each $_____________ Liver, Gall Bladder, Spleen, & Kidney
& Bladder Ultrasounds 1 Each $________/Each $_____________ Pelvic Ultrasounds for Women
(Ovaries and Uterus) 1 Each $________/Each $_____________ Prostate and Testicular Ultrasound for
Men 1 Each $________/Each $_____________
Colon Cancer Screening (Hemoccult) 1 Each $________/Each $_____________ Urinalysis 1 Each $________/Each $_____________
Lipid Panel 1 Each $________/Each $_____________
Diabetes Screening 1 Each $________/Each $_____________ Thyroid Panel 1 Each $________/Each $_____________
Testosterone and PSA (men) 1 Each $________/Each $_____________ CA-125 (women) 1 Each $________/Each $_____________
1 Each __ /Each $__ _________
$____________
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4 Bundle Price Preferred
Est.
Annual
Quantity
Unit of
Issue Unit Price Extended Price
Fitness EvaluationMuscular Strength and Endurance
Evaluation 1 Each $________/Each $_____________
Aerobic Endurance Evaluation
(V02 Max Calc) 1 Each $________/Each $_____________
Body Weight and Composition
(Calipers) 1 Each $________/Each $_____________
Cal-OSHA Respirator Evaluation
and Medical Clearance 1 Each $________/Each $_____________ Flexibility Evaluation 1 Each $________/Each $_____________ Nutrition and Diet
Recommendations 1 Each $________/Each $_____________
Personal Fitness Recommendations 1 Each $________/Each $_____________
SCREENING
HIV Screening 1 Each $________/Each $_____________
Hepatitis A Virus Screening 1 Each $________/Each $_____________ Hepatitis B Virus Screening 1 Each $________/Each $_____________ Hepatitis C Virus Screening 1 Each $________/Each $_____________ uberculosis Screening 1 Each $________/Each $_____________ On-Site Mobile Clinic? Yes
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5 SERVICES FOR PUBLIC SAFETY EMPLOYEES Or as needed for occupational exposure Please indicate if any of these services would be bundled with the Fire Department Annual Physicals Services
Est.
Annual
Quantity
Incl.
with
bundle
Unit of
Issue Unit Price Extended Price
VACCINES Optional to Employee OR
as needed for occupational exposure
Flu 1 Each $________/Each $_____________
Hepatitis A 1 Each $________/Each $_____________
Hepatitis B 1 Each $________/Each $_____________
Meningococcal 1 Each $________/Each $_____________
MMR 1 Each $________/Each $_____________
Tetanus 1 Each $________/Each
Varicella 1 Each $________/Each $_____________
TITERS Optional to Employee
Hepatitis A 1 Each $________/Each $_____________
Hepatitis B 1 Each $________/Each $_____________
Meningococcal 1 Each $________/Each $_____________
MMR 1 Each $________/Each $_____________
C Reactive Blood Test 1 Each $________/Each $ _____
QuantiFeron Gold TB Blood Test 1 Each $________/Each $_____________ Heavy Metals (Hazmat) 1 Each $________/Each $___________ #4..
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6 Payment Terms:
Check which of the following payment terms/methodology Proposer accepts (a description of each can be found in Proposal Form A RFP Acknowledgement):
Choose One:
Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking (
ePay Email Address: ______________________________ Option B Manual Check Payment Mailed by US Postal Service First Class Mail Only on Net 45 Day Timing: ___ Choose by checking ( ) here.
THE undersigned acknowledges receipt of the referenced RFP and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this RFP and these Proposal documents, for the pricing indicated on the Pricing Schedule.
Proposer Company Name:
Name of Proposer Signatory:
Signature of Proposer Representative:
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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 #4..
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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
COMMITTEE AGENDA REPORT
DATE OF MEETING:
June 22, 2026
Date: June 1, 2026
TO: Finance Committee
David Wright, Chair
Nick Bavaro, Vice-Chair
Rosa Escutia-Braaton, Committee Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Agreements for Administrative Investigative Services CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:
Consider the Agreements for conducting citywide Administrative Investigations to Ellis Investigations Law Corporation, Sacramento, CA, Oppenheimer Investigations Group LLP, Oakland, CA, Shaw Law Group, PC, Sacramento, CA, Meyers Nave, Oakland, CA, Command Investigations, Lake Mary, FL, CPS HR Consulting, Sacramento, CA, and DigiStream Investigations, Davis, CA, for a total combined amount not to exceed $800,000 over four (4) years and forwarding to Council for approval. (Funding Source:
Various Funds)
STRATEGIC PLAN ELEMENT:
This recommended action supports the City’s 2025-2026 Strategic Plan Initiatives:
Service Delivery Goals & Strategies – Build a High-Performance Organization.
BACKGROUND:
Throughout the year, the City conducts administrative investigations of potential employee misconduct that may lead to corrective and disciplinary action. These investigations range in complexity and include comprehensive interviews of witnesses and potential subjects of the alleged wrongdoing. While some investigations may require only one (1) or two (2) interviews, others have required twenty to thirty interviews to be conducted for a single issue. These can be time-consuming for staff, particularly when #5..
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Finance Committee, June 22, 2026
Agreements for Administrative Investigative Services