MANN & ASSOCIATES
EXTRAORDINARY ASSUMPTIONS
The use of an extraordinary assumption(s) may have impacted the results of the assignment. None
HYPOTHETICAL CONDITIONS
The use of a hypothetical condition(s) may have impacted the results of the assignment. The client requested the value of a 3.948-acre parcel (per the Legal Description included herein) of vacant land which is located on the upper northwesterly corner of the Tuolumne River Regional Park (TRRP) parcel identified as APN: 037- 023-002. Per client request, the appraiser is to provide a value of 3.948 Acres parcel, as if it was a separate parcel and under the ownership of the Stanislaus County Housing Authority.
If there are any specific questions or concerns regarding the attached appraisal report, or if Mann & Associates can be of additional assistance, please contact the individuals listed below.
Respectfully Submitted,
MANN & ASSOCIATES
Karen J. Mann, ASA-RP
Certified General Real Estate Appraiser
California License No. AG007008
Expiration Date 4/29/2022
925.513.3231
[email protected]
#15..
- 493 -
TABLE OF CONTENTS
MANN & ASSOCIATES
LETTER OF TRANSMITTAL
INTRODUCTION
Executive Summary ______________________________________________________________________________________________________1 Subject Property Photographs __________________________________________________________________________________________4 Identification of Appraisal Assignment __________________________________________________________________________________5 Scope of Work___________________________________________________________________________________________________________8
DESCRIPTIONS & EXHIBITS
Regional Area Analysis ________________________________________________________________________________________________ 11 Local Area Analysis ____________________________________________________________________________________________________ 13 Site Description________________________________________________________________________________________________________ 19 Exhibits ________________________________________________________________________________________________________________ 21 Zoning _________________________________________________________________________________________________________________ 24 Market Analysis________________________________________________________________________________________________________ 27 Highest & Best Use Analysis___________________________________________________________________________________________ 29 As Vacant Analysis __________________________________________________________________________________________________ 29
VALUATION METHODS
Site Valuation__________________________________________________________________________________________________________ 33 Reconciliation of Value Conclusions___________________________________________________________________________________ 39 Certification____________________________________________________________________________________________________________ 40 Glossary
#15..
- 494 -
EXECUTIVE SUMMARY
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 1
VALUE CONCLUSION
VALUATION SCENARIOS AS-IS MARKET VALUE
Interest Fee Simple
Date March 16, 2022
Site Value $470,000
Cost Approach Not applicable
Sales Comparison Approach Not applicable
Income Capitalization Approach Not applicable
FINAL VALUE CONCLUSION $470,000
#15..
- 495 -
AERIAL PHOTOGRAPH
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 2
#15..
- 496 -
SUBJECT PROPERTY PHOTOGRAPHS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 3
Westerly Street View Easterly Street View
Site View from the northeasterly front prop.line Northerly site view View of the frontage to the South Northwesterly Property line #15..
- 497 -
SUBJECT PROPERTY PHOTOGRAPHS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 4
Westerly Street View – Apts across the street Southwesterly site view from NE corner Westerly view from the SW Corner Westerly view of site from NE corner SW view from the NE corner
#15..
- 498 -
IDENTIFICATION OF ASSIGNMENT
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 5
PROPERTY IDENTIFICATION
The property is identified as 1500 Robertson Road, City of Modesto, State of California as identified in Exhibit A Plat which accompany legal description. The property under appraisal configured as 3.948 Acre parcel (171,987 sf).
The subject property is located within the Tuolumne River Regional Park area. The parcel is zoned R-1, however, the General Plan shows the property is in the OS (pen space district of the proposed recreation area.
The assessor parcel number is: 037-023-002-000 (a portion of).
LEGAL DESCRIPTION
LEGAL DESCRIPTION FOR STANISLAUS REGIONAL HOUSING AUTHORITY All that portion of PARCEL A of the Parcel Map filed in Book 2 of Parcel Maps at Page 12, Stanislaus County Records, lying in the Southeast Quarter of the Southeast Quarter of Section 6, Township 4 South, Range 9 East, Mount Diablo Meridian, City of Modesto, County of Stanislaus, State of California, described as follows:
COMMENCING at a 2 inch iron pipe in a well at the intersection of the centerlines of Hays Street and Robertson Road as shown on the Survey filed in Book 26 of Surveys at Page 81, Stanislaus County Records; thence along said centerline of Robertson Road, North 89°54'43" East, 214.61 feet to the Northerly extension of the East line of PARCEL B of said Parcel Map; thence along said Northerly extension, South 00°14'06" West, 20.00 feet to the Northwest corner of said PARCEL A, being on the South line of said Robertson Road and the TRUE POINT OF BEGINNING of this #15..
- 499 -
IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 6
description; thence along said South line, North 89°54'43" East, 717.11 feet to a parallel line being 389.93 feet, measured at right angles, Westerly of the East line of said Section 6 as shown on said Survey; thence along said parallel line, South 00°27'59" West, 240.01 feet to a parallel line being 240.00 feet, measured at right angles, Southerly of said South line; thence along said parallel line, South 89°54'43" West, 716.14 feet to the Southeast corner of said PARCEL B; thence along said East line of PARCEL B, North 00°14'06" East, 240.00 feet to the point of beginning.
TOGETHER WITH: All Rights of Way, Easements, Agreements, and Covenants of Record intended to benefit the real property described herein.
SUBJECT TO: All Rights of Way, Easements, and Sovereign Rights of Record.
Containing: 171,987 square feet, 3.948 acres, more or less.
CLIENT IDENTIFICATION
The client of this specific assignment is Stanislaus Regional Housing Authority.
INTENDED USE & INTENDED USERS
The intended use of this appraisal is to assist the client in making internal business decisions related to this asset for potential sale with the intended use as a Land Bank property transaction. Stanislaus Regional Housing Authority or assigns are the only intended users of this report.
PURPOSE
The purpose of this appraisal is to develop an opinion of the As-Is Market Value (Fee Simple) of the property identified herein as if the parcel was already subdivided into a separate parcel as identified in the legal description above. The purpose of the potential sale is for the buyer to use the parcel for Land Bank purposes.
PERSONAL PROPERTY & BUSINESS INTANGIBLE
There is no personal property (FF&E) included in this valuation.
PROPERTY AND SALES HISTORY
Current Owner
The current title is vested under Tuolumne River Regional Park (TRRP) which operates the subject as an owneruser.
Current Pending Sale/Under Contract
We are not aware of any other sale transactions, listings, pending or recent contracts for sale that have occurred within the last three years. This is based on our interview with the borrower, and a search utilizing Loopnet, CoStar, public records, MLS and various other sources. Given that the noted previous transaction occurred more than three years ago, we have not reconciled this past indication of market value with our current indication of market value reported herein.
#15..
- 500 -
IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 7
Current Owner
The current title is vested under Tuolumne River Regional Park (TRRP) which operates the subject as an owneruser.
Three-Year Sales History
According to county records there has been no transfer of ownership for the subject property in the past three years nor has it been listed for sale in the last 12 months.
EXPOSURE & MARKETING TIME
Marketing time and exposure time are both influenced by price. That is, a prudent buyer could be enticed to acquire the property in less time if the price were less. Hence, the time span cited below coincides with the value opinion(s) formed herein.
USPAP Standard rule 1-2(c)(iv) requires an opinion of exposure time, not marketing time, when the purpose of the appraisal is to estimate market value. In the recent past, the volume of competitive properties offered for sale, sale prices, and vacancy rates have fluctuated little. Sale concessions have not been prevalent. The following information is used to estimate exposure time and marketing time for the subject:
Exposure Time Conclusion
The subject is a land (park / open space) use totaling 0 SF (NRA) on 3.9480-acres (171,975 SF) located at 1500 Robertson Dr in Modesto, Stanislaus County, California. Considering these factors, a reasonable estimate of exposure time for the subject As-Is Market Value (Fee Simple) is three to six months.
Marketing Time Conclusion
A marketing time estimate is a forecast of a future occurrence. History should be considered as a guide, but anticipation of future events & market circumstances should be the prime determinant. Overall market conditions are expected to remain stable, so a marketing time of three to six months is predicted for the subject.
DEFINITION OF MARKET VALUE
The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming that the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated;
2. Both parties are well informed or well advised, and acting in what they consider their own best interests;
3. A reasonable time is allowed for exposure in the open market; #15..
- 501 -
IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 8
4. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and
5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1
PROPERTY RIGHTS APPRAISED
The property rights appraised constitute the fee simple interest.
Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.2
VALUE SCENARIOS
As-Is Value (as if configured into the 3.948 Acre Parcel) The estimate of the value of real property as if configured as a 3.948 Acre Parcel as described in the Legal Description (Exhibit A) herein; in the current physical condition, use as vacant land, and zoning/general plan as of the appraisal date.3
SCOPE OF WORK
The scope of work for this appraisal assignment is outlined below:
The appraisal analyzes the regional and local area profiles including employment, population, household income and real estate trends. The local area was inspected to consider external influences on the subject.
The appraisal analyzes legal and physical features of the subject including site size, improvement size, flood zone, seismic zone, site zoning, easements, encumbrances, site access and site exposure. The appraisal includes a market analysis for the Central Valley market and Modesto submarket using vacancy, absorption, supply and rent data. Conclusions were drawn for the subject’s competitive position given its physical and locational features, current market conditions and external influences. The appraisal includes a Highest and Best Use analysis and conclusions have been completed for the highest and best use of the subject property As Vacant and As Improved. The analysis considered legal, locational, physical and financial feasibility characteristics of the subject site and existing improvements. In selecting applicable approaches to value, the appraiser considered the agreed upon appraisal scope and assessed the applicability of each traditional approach given the subject’s characteristics and the intended use of the appraisal. As a result, this appraisal developed Land Sales Comparison approach.
The values presented represent the As-Is Market Value (Fee Simple). The assignment was prepared as an Appraisal Report in accordance with USPAP Standards Rules 2, with the analysis stated within the document and representing a fully described level of analysis. The author of this report are aware of the Competency Rule of USPAP and meets the standards. 1 Office of Comptroller of the Currency (OCC), Title 12 of the Code of Federal Regulation, Part 34, Subpart C -Appraisals, 34.42 (g); Office of Thrift Supervision (OTS), 12 CFR 564.2 (g); This is also compatible with the FDIC, FRS and NCUA definitions of market value. 2 The Dictionary of Real Estate Appraisal, 6th Ed. (Chicago: Appraisal Institute 2015) 3 The Dictionary of Real Estate Appraisal, 6th Ed. (Chicago: Appraisal Institute 2015) #15..
- 502 -
IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 9
ASSISTANCE PROVIDED
No one provided real property appraisal assistance to the individuals signing this report.
SOURCES OF INFORMATION
The following sources were contacted to obtain relevant information:
The lack of the unavailable items could affect the results of this analysis. As part of the general assumptions and limiting conditions, the subject is assumed to have no adverse easements, significant items of deferred maintenance, or be impacted by adverse environmental conditions.
SUBJECT PROPERTY INSPECTION
#15..
- 503 -
REGIONAL AREA MAP
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 10
#15..
- 504 -
REGIONAL AREA ANALYSIS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 11
INTRODUCTION
In order to understand the subject’s position in the area or region, we have undertaken a brief analysis in order to determine how trends—both historical and projected—in population, employment, personal income, consumer spending, and housing impact supply and demand and influence the subject’s area directly and indirectly. This analysis first begins on a broader spectrum, and without respect to the subject itself, and is highlighted in the Regional Area Analysis. Secondly, we undertake a more narrowly focused study of the aforementioned attributes as they relate directly to the subject and the subject’s neighborhood. This discussion is presented in the forthcoming Local Area Analysis.
REGIONAL AREA ANALYSIS
The subject property is located in Modesto, California. The map presented on the previous page illustrates the subject property location relative to the Modesto metropolitan area.
Unemployment
The following graphs charts the trailing 18 months and trailing 10 years unemployment rate for the Modesto area.
Employment
The following chart shows the trailing 10 years employment for the state of California, Modesto, CA MSA, and Stanislaus County.
#15..
- 505 -
LOCAL AREA MAP
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 12
#15..
- 506 -
LOCAL AREA ANALYSIS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 13
INTRODUCTION
The subject property is located in the Modesto area of the Modesto submarket. The immediate area of the subject is characterized by the area sewage treatment plant, Tuolumne River (south), apartment complexes and detached single family residences (north and westerly). Neighborhood retail was also noted within the immediate area.
Demographics
The following information reflects the demographics for the subject’s area.
Population
The estimate provided by ESRI for the current 2021 population within the subject neighborhood’s 3 mile radius is 91,430 representing a 4.52%change since 2010. ESRI’s 2020 population estimate for the subject’s 5 mile radius is 202,634, which represents a 3.96% change since 2010.
Looking forward, ESRI estimates that the population within the subject neighborhood’s 3 mile radius is forecasted to change to 93,326 by the year 2026. As for the broader area, ESRI forecasts that the population within the subject’s 5 mile radius will change to 206,555 over the next five years. The population estimates for #15..
- 507 -
LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 14
the next five years within the subject’s 5 mile radius represents a 1.94% change as well as a 1.98% change within the subject’s 1 mile radius for the same period.
Households
The estimates provided by ESRI indicate that the number of households within the subject neighborhood’s 3 mile radius is 25,031, which is a 4.00% change since 2010. Within the subject’s broader 5 mile radius, ESRI estimates that the number of households is 62,911, a 3.57% change over the same period of time.
By the year 2026, the estimates provided by ESRI indicate that the number of households within the subject neighborhood’s 3 mile radius will change by 2.05% to 25,543 households. Additionally, ESRI’s estimate for total households over the next five years within the subject’s broader 5 mile radius indicates an expected change of 1.87% which will result in a total household estimate of 64,089.
Looking back, the number of households in the subject neighborhood’s 3 mile radius changed 1.44% during the ten-year period of 2000 to 2010. Since then it has changed by some 4.00%.
Income
Income estimates provided by ESRI for the subject neighborhood’s 3 mile radius indicates that the median household income is $47,638 and that the average household income is $60,319. Further, the estimates provided by ESRI indicate that, for the subject’s broader 5 mile radius the median household income is $54,256, and the average household income is $69,021. Given that there are reportedly 62,911 households in the subject’s 5 mile radius, it is estimated that the local effective buying income is around $4,342,180,131.
CONCLUSION
Based on our observation and the data provided by ESRI, it is perceived that the income and population demographics for the subject neighborhood exhibit average characteristics in terms of reported population growth and income levels. As previously mentioned, the population growth for the subject’s 3 mile radius has increased 4.52% since 2010 and based on the projections provided by ESRI, it is expected to continue to increase another 2.07% during the next 5 years. Lastly, we perceive that, since average household incomes are within the national average ($60,319, for the subject’s 3 mile radius) and given that the area is well-populated (25,031 households in a 3 mile radius), and vacant lots are scarce in the area, the potential subdivision of the parcel into an alternative use may be feasible.
SURROUNDING LAND USES
The following tables and maps highlight the development in and around the subject. #15..
- 508 -
LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 15
#15..
- 509 -
LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 16
#15..
- 510 -
LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 17
The land use in the subject’s immediate neighborhood consists of a significant amount of commercial property, comprising of a mix of many property types. Commercial uses in the area include the Modesto Wastewater Treatment Plan, The Housing Authority of Stanislaus County and several Schools, in addition to the Tuolumne River Regional Park area. Retail uses are predominately located northerly, along Highway 132..
The following chart illustrates the high concentration of multifamily and office compared to industrial and retail properties.
TUOLUMNE RIVER REGIONAL PARK OVERVIEW
Subject is located within the Tuolumne River Regional Park (TRRP). As a result of 1997, heavy rains, the Tuolumne reiver resulted in catastrophic flooding of the Lower Tuolumne River (in the subject area). In an effort to address the flood conditions and provide access to the river as a resource which can be easily enjoyed by the public, TRRP was developed. Currently TRRP consists over 500 acres of land along a seven-mile stretch of the Tuolumne River. The undersigned appraiser consulted the TRRP Master Plan for further clarification of the area which also currently includes the property under appraisal. The two primary goals of the recreational park area is to create a park where the recreational experience is oriented toward the enjoyment of the Tuolumne River and provide a park that is a source of pride for the citizens of Stanislaus County and reflects and accommodates the County’s diverse people and cultures. The park is slated to have a river walk, Pedestrian and Bicycle bridge, fishing pier, Riparian restoration, Tennis and Sports courts, nature trails, an amphimeadow, municipal golf course, vista points, and an abundance of grading, trees and managed landscaping. Within the TRRP area and within the immediate neighborhood for the subject is the Modesto Water Treatment (Sewer) plant.
ECONOMIC INFLUENCES
The local area economic status is important to recognize as the measurement of income levels provides an indication of the ability of the area population to buy, rent and maintain property. The economic status of an area also provides an indication of the population’s appetite for goods and services. Relevant economic information includes income levels, property ownership vs. rent, property rent levels, rent level trends, property vacancy and new construction.
The vast majority of the housing units within the area are non-owner occupied, which contrasts with relative similarity to other parts of Modesto which is owner occupied. #15..
- 511 -
LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 18
GOVERNMENT INFLUENCE
Governmental considerations relate to zoning, building codes, regulations, flood plain restrictions, special assessment, property tax and empowerment zones.
The General Plan shows the that that the property under appraisal and the other larger portion of the original property configuration is located in an area designated Open Space. The presence of the TRRP regional park area is conforming to the OS designation. However, the parcel is also designated via the Zoning Code as having R-1 designation (low density housing).
Zoning in the area is mixed, TRRP regional park area, residential and City Public works industrial designations.
Zoning code is enforced by the municipality and enforcement in all areas of City of Modesto is strong.
Rezoning is typically discouraged and requires public input in all municipalities. Building codes are in force and require a certain standard of construction quality and design. Per one of the Planners for the City of Modesto Zoning Department, the small area under appraisal (subject of this appraisal) could possibly have a lot adjustment for the OS boundary. However, for purposes of this appraisal and recognition of the current government influence, the conformance to the local General Plan and Zoning parameters are taken into consideration in order to develop the Highest and Best Use determination.
ACCESS/PUBLIC TRANSPORTATION
The streets within the neighborhood are laid out in a grid pattern with major streets generally along the section and ½ section lines. The major north/south streets in the neighborhood include S. Carpenter Rd (west) and Highway 99 (east). The major east/west streets include Highway 132 (north), and W. Hatch Rd (south).
With the existing transportation system, most areas of metropolitan Modesto are accessible from the subject neighborhood and access is considered for the metropolitan area. Public bus service is available throughout the area. Overall, access within the neighborhood is average for the metropolitan area.
ENVIRONMENTAL INFLUENCES
The subject area is considered to be a typical neighborhood with average building size and density. There are no extraordinary topographical features other than some areas located within FEMA Flood zones. The presence of the Modesto Waste Treatment Plant is located just southerly and southeasterly of the property under appraisal; however, on the date of observation of the subject there was no adverse smells noted by the undersigned appraiser. Public utilities are readily available in the subject market area.
LOCAL AREA SUMMARY
The market benefits from a diverse blend of residential, commercial, and community uses and close proximity to many recreational activities. The area is located in southwest Modesto near recreation areas, schools, access to Highway 99 and southwest of Downtown Modesto. Good proximity to shopping and medical centers as well. The outlook for this major community located in the Central Valley is good as of the effective date of the appraisal report.
#15..
- 512 -
SITE DESCRIPTION
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 19
The subject site consists of one parcel and has 171,975 SF (3.9480 AC) of land area (as described in Exhibit A Legal Description). The size of the site area was estimated based on the Engineer’s Map as included as Exhibit A, herein. It is perceived that there is no surplus or excess land at the subject. The following summaries the salient characteristics of the subject site.
Address 1500 Robertson Dr (3.948 Acre portion located at the northwesterly corner fronting onto Robertson Drive, Modesto, California.
Census Tract 06-099-001603
Adjacent Properties
North Medium density housing - apartments
South Tuolumne River and vacant land
East Modesto Wastewater Treatment
West Church and low-density single-family residences
Accessibility Access to the subject site is considered average overall.
Exposure & Visibility Exposure of the subject is average balancing the frontage on Robertson Dr, the primary local arterial, with the obscured visibility to southbound traffic from the #15..
- 513 -
SITE DESCRIPTION (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 20
newer building constructed to the north. This building was constructed up against the front property line obscuring visibility of the subject to some degree.
Flood Plain Zone X (Shaded) was noted on the portion of the property which has a frontage on Robertson Drive. This is referenced by Panel Number 06099C0532F, dated August 24, 2021. Zone X (shaded) is a moderate and minimal risk area. Areas of moderate or minimal hazard are studied based upon the principal source of flood in the area and historically the southerly portion of the contiguous larger portion formerly part of the subject is zoned AO, which is located within the FEMA Flood Zone (please note the Flood Map on the following page). However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Local storm water drainage systems are not normally considered in a community’s flood insurance study.
The failure of a local drainage system can create areas of high flood risk within these zones. Flood insurance is available in participating communities, but is not required by regulation in these zones. Nearly 25% of all flood claims filed are for structures located within these zones. Moderate risk areas within the 0.2% annual chance floodplain, areas of 1% annual chance flooding where average depths are less than 1 foot, areas of 1% annual chance flooding where the contributing drainage area is less than 1 square mile, and areas protected from the 1% annual chance flood by a levee. No BFEs or base flood depths are shown within these zones. (Zone X (shaded) is used on new and revised maps in place of Zone B.)
Seismic The subject is not located in an area with known seismic activity.
Easements A preliminary title report was not available for review. During the property inspection, no adverse easements or encumbrances were noted. This appraisal assumes that there are no adverse easements present. If questions arise, further research is advised.
Soils A detailed soils analysis was not available for review. Based on the development of the subject, it appears the soils are stable and suitable for the existing improvements.
Hazardous Waste We have not conducted an independent investigation to determine the presence or absence of toxins on the subject property. If questions arise, the reader is strongly cautioned to seek qualified professional assistance in this matter. Please see the Assumptions and Limiting Conditions for a full disclaimer.
Site Rating Overall, the subject site is considered average as a land site in terms of its location, exposure and access to employment, education and shopping centers, recognizing its location along minor arterial.
Site Conclusion In the final analysis of the site, no significant physical detriments were discovered which would inhibit development according to its highest and best use. The site displays adequate accessibility and locational features for no development until the General Plan boundaries were changed. The current OS General Plan zone is not a buildable location.
#15..
- 514 -
PLAT MAP
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 21
#15..
- 515 -
LEGAL DESCRIPTION
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 22
#15..
- 516 -
FLOOD MAP
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 23
#15..
- 517 -
ZONING
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 24
The subject is located in the Low Density Residential (R-1) zoning area which is Low Density Residential.
ZONING CONCLUSION
The R-1 zoning is not conforming to the Open Space designation within the General Plan. The undersigned appraiser interviewed Catherine Martin to confirm the legal use of the R-1 zone and the legal uses with the General Plan in place which supersedes the Zoning Map. Therefore, the current use as vacant land is conforming to the General Plan. Catherine did say that with the proper applications submitted to the Modesto Planning Department it may be possible that the General Plan perimeters may have the potential for change in the future depending on the needs of the Stanislaus Housing Authority. Reader should note, this appraisal is based on the current zoning and the current limitations as imposed by the General Plan. #15..
- 518 -
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 25
GENERAL PLAN MAP
Above is the General Plan Map with subject highlighted in the Blue rectangle with the red arrow.
ZONING MAP
Zoning Map shows the area is zoned R-1
#15..
- 519 -
IMPROVEMENT DESCRIPTION (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 26
TUOLUMNE RIVER REGIONAL PARK ILLUSTRATIVE PLAN
#15..
- 520 -
MARKET ANALYSIS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 27
In this section, market conditions which influence the subject property are analyzed. An overview of Apartment supply and demand conditions for the Central Valley market and Modesto submarket are presented. Key supply and demand statistics for the most recent quarter, last year and historical averages over the past 10 years are summarized in the tables below.
The Central Valley Apartment market demonstrates positive conditions. There has been little variance in supply over the last year. Vacancy has continued to decrease slight over the last year to the most recent figure at
4.2%. Asking rents increased in each quarter of 2015 with an additional increase in Q1 2016. Net absorption was positive for the last year.
The Modesto Apartment submarket demonstrates mostly stable conditions. Vacancy had only minor fluctuations between 4.3% and 5.2% throughout 2015. Asking rents were relatively stable as well ranging from a low of $20.73/SF to a high of $21.96/SF with the most recent figure in-between at $21.56/SF. It is noted that rents in this submarket are historically above that of the Portland MSA. Net absorption was negative in Q4 2015 but is positive again from Q1 2016.
#15..
- 521 -
MARKET ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 28
VACANCY
The following tables provide visual illustration of the long term and short term Apartment vacancy for the Central Valley market and Modesto submarket.
#15..
- 522 -
HIGHEST & BEST USE
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 29
INTRODUCTION
The highest and best use of the subject property provides the foundation for the valuation section. Highest and best use is defined in the 6th edition of The Dictionary of Real Estate Appraisal (Appraisal Institute, Chicago, 2015), as follows:
The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity.
Highest and best use analysis uses the following steps for the subject:
Highest & Best Use As Vacant
Determination of the ideal improvements
Highest & Best Use As Improved
Conclusion of the Highest & Best Use
The analysis of highest and best use can be thought of as the logical end of a spectrum of market analysis procedures, running from the macroeconomic overview of a general market study, through more detailed marketability studies and analyses of financial feasibility, to the formal analysis of highest and best use. In theory, the highest and best use is commonly described as that reasonable and most profitable use that will support its highest present value. The highest and best use, or most profitable use, must be legally permissible, physically possible, financially feasible, and maximally productive.
This section develops the highest and best use of the subject property As-Vacant; since the property is not Improved the Highest and Best Use As Improved was not developed.
AS VACANT ANALYSIS
In this section the highest and best use of the subject as vacant is concluded after taking into consideration financial feasibility, maximal productivity, marketability, legal, and physical factors.
Legally Permissible
Private restrictions, zoning, building codes, historic district controls, and environmental regulations are considered, if applicable to the subject site. The legal factors influencing the highest and best use of the subject site are primarily government regulations such as zoning ordinances. Permitted uses of the subject’s Low Density Residential (R-1) are superseded by the General Plan which excludes the possibility of a residential subdivision. Zoning change is not likely; therefore, uses outside of those permitted by the R-1 zoning are not considered moving forward in the as-vacant analysis. The only current legal use would be for open space or another non-residential and non-commercial use permitted by the Planning Department.
Physical Possible
The test of what is physically possible for the subject site considers physical and locational characteristics that influence its highest and best use. In terms of physical features, the subject site totals 3.9480-acres (171,975 SF), it is rectangular in shape and has a level topography. The site has average exposure and average overall access. Due to the level topography, the site may have an array of uses; however, due to the restrictions legally, the physical possibilities are reduced to storage site area, Land Bank site area, open space or park area, other recreation uses but not residential uses.
#15..
- 523 -
HIGHEST & BEST USE (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 30
Financial Feasibility
Current uses would not include residential. The site may qualify for storage, park area, and other nonoccupiable use.
Maximum Productivity
There is only one use that creates value and at the same time conforms to the requirements of the first three tests. Financial feasibility, maximal productivity, marketability, legal, and physical factors have been considered and the highest and best use of the subject site as-vacant concluded to be open space 1/du per 10 ac.
Therefore, it is anticipated that this is essentially a site which could have minimal uses and the potential use for Land Banking may be bring the maximum productivity to the land and bring income to the land (via market value). The site is also an excellent candidate for a parcel acquired for the use as a Land Bank; whereas a developer acquires a property slated for Open Space in order to have increased density on a different building site. It’s not uncommon for Developers to actively look for such parcels.
MOST PROBABLE BUYER
Based on the type of property and the income generating potential of the improvements, it is our opinion that the most probable buyer for the subject would be local or governmental agency or a developer who needs acquisition of properties which are retained for Open Space in order to qualify for increased density at a different building site. An investor would not typically be interested in this parcel for development. #15..
- 524 -
VALUATION METHODS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 31
In traditional valuation theory, the three approaches to estimating the value of an asset are the cost approach, sales comparison approach, and income capitalization approach. Each approach assumes valuation of the property at the property’s highest and best use. From the indications of these analyses, an opinion of value is reached based upon expert judgment within the outline of the appraisal process.
SITE VALUATION
The site value is a specific scope requirement of this assignment. Characteristics specific to the subject property warrant that a site value is developed. Within the Site Valuation section, the subject is valued as one marketable economic site.
COST APPROACH
The cost approach considers the cost to replace the proposed improvements, less accrued depreciation, plus the market value of the land. The cost approach is based on the understanding that market participants relate value to cost. The value of the property is derived by adding the estimated value of the land to the current cost of constructing a reproduction or replacement for the improvements and then subtracting the amount of depreciation in the structure from all causes. Profit for coordination by the entrepreneur is included in the value indication.
The Cost Approach is not a specific scope requirement of this assignment. Characteristics specific to the subject property do not warrant that this valuation technique is developed. Based on the preceding information, the Cost Approach will not be presented which is typical for a vacant land parcel.
SALES COMPARISON APPROACH
The sales comparison approach estimates value based on what other purchasers and sellers in the market have agreed to as price for comparable properties. This approach is based upon the principle of substitution, which states that the limits of prices, rents, and rates tend to be set by the prevailing prices, rents, and rates of equally desirable substitutes. In conducting the sales comparison approach, I gather data on reasonably substitutable properties and make adjustments for transactional and property characteristics. The resulting adjusted prices lead to an estimate of the price one might expect to realize upon sale of the property.
The Sales Comparison Approach is not a specific scope requirement of this assignment. Characteristics specific to the subject property do not warrant that this valuation technique to be developed. Based on this reasoning, the Sales Comparison Approach is not presented within this appraisal.
INCOME CAPITALIZATION APPROACH
The income capitalization approach (“income approach”) simulates the reasoning of an investor who views the cash flows that would result from the anticipated revenue and expense on a property throughout its lifetime. The net income developed in our analysis is the balance of potential income remaining after vacancy and collection loss, and operating expenses. This net income is then capitalized at an appropriate rate to derive an estimate of value or discounted by an appropriate yield rate over a typical projection period in a discounted cash flow analysis. Thus, two key steps are involved: (1) estimating the net income applicable to the subject and (2) choosing appropriate capitalization rates and discount rates. The appropriate rates are ones that will provide both a return on the investment and a return of the investment over the life of the particular property.
#15..
- 525 -
VALUATION METHODS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 32
The Income Approach is not a scope requirement for this assignment. The appraisal scope of this assignment was to develop the single best approach to value. While the Income Approach is applicable, it does not represent a viable valuation method for the subject.
CORRELATION AND CONCLUSION
Based on the agreed upon scope with the client, the subject’s specific characteristics and the interest appraised, this appraisal developed Land Sales Comparison approach. The value presented represent the AsIs Market Value (Fee Simple) as if configured in the 3.98 Acre parcel with frontage on Robertson Drive, Modesto, CA.
#15..
- 526 -
RECONCILIATION OF VALUE CONCLUSIONS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 33
INTRODUCTION
This section values the subject site by comparing it with substitute land sales or listings within the local market area or in competitive areas throughout the region. Land value is influenced by a number of factors; most notably development and use potential. These factors, as well as others, are factored in the following analysis.
UNIT OF COMPARISON
The most relevant unit of comparison for competing land is the $/SF. All of the comparable sales presented in this section were reported on this basis.
ADJUSTMENTS
Adjustments to the comparable sales were considered and made when warranted for expenditures after purchase, property rights transferred, conditions of sale, financing terms, and market conditions.
1. Property Rights - All of the sales comparables were fee simple sales reflecting the property rights appraised herein per the agreed upon scope of work.
2. Financing - The sales all reflected typical cash equivalent, lender-financed transactions and no adjustments were required for financing terms.
3. Sale Conditions - None of the comparables required a condition of sale adjustment, as all were confirmed to be arm’s length transactions.
4. Expenditures After Sale - Expenses that the buyer incurs after purchase (demolition, cleanup costs, etc.). No adjustments are warranted based on review of the land sales.
5. Market Conditions (Time) - Based on the analysis performed, which includes research and interpretation of value trends of the comparables presented herein, a market conditions adjustment of 10% is applied on an Annual basis reflecting the relatively consistent appreciation that occurred between the oldest comparable sale date up through the effective valuation date.
QUANTITATIVE ADJUSTMENT PROCESS
Quantitative percentage adjustments are also made for location and physical characteristics such as size, location quality, access, exposure, as well as other applicable elements of comparison. Where possible the adjustments applied are based on paired data or other statistical analysis. It should be stressed that the adjustments are subjective in nature and are meant to illustrate the logic in deriving a value opinion for the subject property by the Land Sales Comparison Approach.
COMPARABLE SELECTION
A thorough search was made for similar land sales in the area. The parameters of the survey were highest and best use, zoning, proximity to the subject, size, and date of sale. In selecting comparables, emphasis was placed on confirming recent sales of sites that are similar to the subject property in terms of location and physical characteristics. Overall, the sales used represent the best comparables available for this analysis.
Comparables utilized in this analysis reflect the most recently closed sales which had limited if any potential buildability. Adjustments for zoning differences were made in the downward direction for Comp #1, #2, #4 and #5.
#15..
- 527 -
RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 34
PRESENTATION
The following Land Sales Comparison Table, location map and exhibits summarize the sales data. Following these items, the sales are adjusted for applicable elements of comparison and the site value is concluded.
LAND SALES COMPARISON TABLE
SUBJECT COMP 1 COMP 2 COMP 3 COMP 4 COMP 5 COMP 6 COMP 7 Address 1500 Robertson Dr
Highway 99 @
Hammett Rd
3521 Roselle
Ave
2519 Magnolia
St
601 S.
Soderquist 2925 W. Main St 535 Zeff Road Blue Gum Rd
City Modesto Salida Modesto Ceres Turlock Turlock Modesto Modesto State CA Ca CA Ca CA CA CA CA
Zip 95351 95368 95357 95307 95380 95380 95351 95358
County Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Submarket Modesto Modesto Modesto Modesto Modesto Modesto Modesto Modesto Parcel
037-023-002-000 (a
portion of)
003-014-007-
000
083-004-008-
000
127-014-034-
000
050-001-038-
000
089-012-007-
000
038-021-023-
000
081-004-004
SALE INFORMATION
Transaction Price $1,700,000 $1,100,000 $130,000 $1,100,000 $645,000 $1,495,000 $565,000 Transaction Price $/SF $4.07 $2.96 $2.76 $2.77 $2.91 $4.65 $1.92 Property Rights ¹ Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Financing ²
$1,350,000 1st 100% Cash 100% cash 100% Cash
1st of $390,000 Listing Cash
Sale Conditions ³ Arms Length Arms Length Arms Length Arms Length Arms Length Listing Arms Length Expenditures After Sale ⁴ $0 $0 $0 $0 $0 $0 $0
Market Conditions ⁵ 10/27/2021 2% 7/14/2021 3% 7/20/2021 3% 3/25/2021 5% 11/20/2020 7% 3/1/2022 0% 2/28/2022 0% Sale Status Recorded Recorded Recorded Recorded Recorded Listing Recorded Recording Number 100257 67237 68721 92201 93576 Listing - Marketing Status Open Market Open Market Open Market Open Market Open Market Open Market Open Market
53.7 Mos. 44.9 Mos. 31.7 Mos. 27.3 Mos. 5.4 Mos. - 4 days Total Transactional Adjustments $0.08 2% $0.10 3% $0.09 3% $0.14 5% $0.19 7% $0.01 0% $0.00 0% Adjusted $/SF $4.15 $3.06 $2.85 $2.91 $3.10 $4.66 $1.92
PHYSICAL INFORMATION
Square Feet 171,975 418,176 372,002 47,044 397,267 221,720 321,473 294,466 Acres 3.9480 9.6000 5% 8.5400 5% 1.0800 (5%) 9.1200 5% 5.0900 2.8200 6.7600 2% Location Average Good (10%) Average Average Average Average Average Average Access Average Good (10%) Average Average Average Average Average Average Exposure Average Average Average Average Average Average Average Average Shape Rectangular Trapezoid
Generally
Rectangular
Generally
Rectangular Trapezoid Rectangular Irregular
Generally
rectangular
Zoning R-1 C-2 (20%) SP (15%) PC TUR I (10%) I-BP (10%) Commercial Adj
to Tuolumne
River A-2-40
Topography Level Level Level Level Level Level Level Level Property Type Vacant Land Vacant Land Vacant Land Vacant Land Vacant Land Vacant Land Vacant Land Almond Orchrd (5%) Total Physical Adjustments ($1.45) (35%) ($0.31) (10%) ($0.14) (5%) ($0.15) (5%) ($0.31) (10%) $0.00 0% ($0.06) (3%) Adjusted $/SF $2.70 $2.75 $2.71 $2.76 $2.79 $4.66 $1.86
CONFIRMATION INFORMATION
Marketing Period (Months)
#15..
- 528 -
RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 35
COMPARABLE LABEL ADDRESS MILES FROM SUBJECT
COMPARABLE 1 1 Highway 99 @ Hammett Rd, Salida, Ca, 95368 9.2 COMPARABLE 2 2 3521 Roselle Ave, Modesto, CA, 95357 6.7 COMPARABLE 3 3 2519 Magnolia St, Ceres, Ca, 95307 3.8
COMPARABLE 4 4 601 S. Soderquist, Turlock, CA, 95380 11.8 COMPARABLE 5 5 2925 W. Main St, Turlock, CA, 95380 10.9 COMPARABLE 6 6 535 Zeff Road, Modesto, CA, 95351 1.2
COMPARABLE 7 7 Blue Gum Rd, Modesto, CA, 95358 5.2
#15..
- 529 -
RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 36
LAND SALE EXHIBITS
COMPARABLE 1 COMPARABLE 2
COMPARABLE 3 COMPARABLE 4
COMPARABLE 5 COMPARABLE 6
COMPARABLE 7
DOUBLE CLICK TO INSERT PHOTO FROM DB DOUBLE CLICK TO INSERT PHOTO FROM DB
DOUBLE CLICK TO INSERT PHOTO FROM DB DOUBLE CLICK TO INSERT PHOTO FROM DB
DOUBLE CLICK TO INSERT PHOTO FROM DB
DOUBLE CLICK TO INSERT PHOTO FROM DB DOUBLE CLICK TO INSERT PHOTO FROM DB #15..
- 530 -
RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 37
LAND SALES ADJUSTMENT DISCUSSION
The comparable land sales indicate an overall unadjusted value range from $1.92/SF to $4.65/SF, and average of $3.24/SF. After adjustments, the comparables indicate a fairly narrow range for the subject site between $1.86/SF and $4.66/SF with an average of $2.89/SF. The adjustment process is described below.
Land Sale 1 ($2.96/SF Adjusted) – - -
Comp #1 is the most recently closed sale found for this analysis. The property is zoned C-2 however, this parcel is to be annexed to the Salida Mello Roos District. Any plan for development must conform to the Salida Planned Development Guidelines, August 1991 Revision. There may be future right of way dedications required for the interchange needs. Uses for this site are anticipated to be restricted. The site may be capable for a self storage facility; however, this was not confirmable.
Land Sale 2 ($2.84/SF Adjusted) – - -
Comp #2 is a vacant lot sale of a size zoned Special Plan District. This zone district may allow the construction of a religious facility on the site. The property is located at the corner of Roselle Ave and Sylvan Ave. The parcel. Comp #1 is a larger parcel, which required an upward adjustment to reflect the Principle of Economies of Scale. Comp #1 has superior access and superior location at the on/off rams of Highway 99 for excellent exposure. #2 is adjusted downward for the superior zoning designation which is in conformance with uses on the General Plan. Comp #2 is also a large parcel which required an upward adjustment in accordance with the Principle of Diminishing Returns.
Land Sale 3 ($2.94/SF Adjusted) – - -
Comp #3 is a fairly recent sale with P-C zoning. The site was formerly owned by Sutter Valley Hospitals and has limited capability for development. Comp #3 is a smaller parcel than the subject which may result in a higher price per square foot (a downward adjustment to reflect the effects of the Principle Diminishing Returns).
Land Sale 4 ($3.04/SF Adjusted) – - -
Comp #4 is located in the nearby town of Turlock. Comp #4 is similar to #1 and #2 in land area, resulting in an upward adjustment. Comp #4 side railroad tracks on two sides which makes this site most similar to the subject. The parcel zoned TUR I which severely limits the use on this site. Additionally, the site has the adverse externality of railroad noise and air pollution. The parcel was purchased by a hybrid energy storage company – a limited use and due to inferior appeal. This property was on the market for 818 days.
Land Sale 5 ($2.96/SF Adjusted) – - -
Comp #5 is an older sale. The parcel is slightly larger in acres resulting in an upward adjustment. This parcel is zoned IPB. The property was slated to be an RV Storage lot due to zoning and general plan limitations.
Land Sale 6 ($4.67/SF Adjusted) – - -
Comp #6 is currently an active listing. #6 is located along Tuolumne River, on a land-locked parcel. The irregular oblong shape would further reduce the utility of the site. The site is limited in utility. Broker suggested the site be used as a campground with riverfront access. Secondary weight was given to the Listing due to the lack of negotiated/consummated purchase agreement. Land Sale #6 is located most proximate to Tuolumne River and may have environmental or zoning restrictions due to proximity to the River; similar to the subject. Comp #6 may be listed at the upper end of the market. #15..
- 531 -
RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 38
Land Sale 7 ($0.00/SF Adjusted) – - -
Comp #7 is a recent closed sale of a slightly larger parcel with the presence of an Almond Orchard. This parcel does not have a house on site; just the Almond Orchard.
LAND VALUE CONCLUSION
The comparables indicate a unit value, based on a general bracketing analysis after adjustments, between $1.86/SF and $4.66/SF of land area. Based on the subject’s overall locational and physical features, a unit value conclusion of $2.75/SF is supported. The following table summarizes the comparable land sales analysis and applies the unit value conclusion to the site area to provide an indication of the as-vacant land value.
LAND SALES COMPARISON APPROACH CONCLUSION (SF)
TRANSACTION ADJUSTMENT NET
PRICE TRANSACTIONAL¹ ADJUSTED PROPERTY² FINAL ADJ
1 $4.07 2% $4.15 (35%) $2.70 (34%)
2 $2.96 3% $3.06 (10%) $2.75 (7%)
3 $2.76 3% $2.85 (5%) $2.71 (2%)
4 $2.77 5% $2.91 (5%) $2.76 (0%)
5 $2.91 7% $3.10 (10%) $2.79 (4%)
6 $4.65 0% $4.66 0% $4.66 0%
7 $1.92 0% $1.92 (3%) $1.86 (3%)
HIGH $4.65 7% $4.66 0% $4.66 0%
AVG $3.15 3% $3.24 (10%) $2.89 (7%)
MED $2.91 3% $3.06 (5%) $2.75 (3%)
LOW $1.92 0% $1.92 (35%) $1.86 (34%)
SUBJECT SF $/SF
Total Land Area 171,975 x $2.72 =
INDICATED VALUE (ROUNDED TO NEAREST $10,000) $2.73
VALUE
$470,000
$467,772
#15..
- 532 -
RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 39
Based on the agreed upon scope with the client, the subject’s specific characteristics and the interest appraised, this appraisal developed Land Sales Comparison approach. The values presented represent the As-Is Market Value (Fee Simple).
The Reconciliation of Value Conclusions is the final step in the appraisal process and involves the weighing of the individual valuation techniques in relationship to their substantiation by market data, and the reliability and applicability of each valuation technique to the subject property. Below, the individual strengths and weaknesses of each approach are analyzed.
As previously discussed, the Cost Approach was not presented in this analysis. The exclusion of the Cost Approach does not diminish the credibility of the value conclusion.
The price per square foot method has been presented in the Sales Comparison Approach. There have been several recent sales of properties similar to the subject in the market area in the current market conditions, which increases the validity of this approach. The most likely buyer for the subject would most likely be an owner-user and consequently, this approach is given primary weight.
The Income Approach to value is generally considered to be the best and most accurate measure of the value of income-producing properties- since there is no income stream; the Income Approach was not applicable to the valuation of this analysis.
After considering all factors relevant to the valuation of the subject property, equal emphasis is placed on the Sales Comparison and Income Approaches in the following As-Is market value.
RECONCILIATION OF VALUES
VALUATION SCENARIOS AS-IS MARKET VALUE
Interest Fee Simple
Date March 16, 2022
LAND VALUE
LAND CONCLUSION $470,000
$/SF Total Land Area $4.73
FINAL VALUE CONCLUSION
FINAL VALUE CONCLUSION $470,000
$/SF NRA $4.73
#15..
- 533 -
CERTIFICATION
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 40
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions of the signer are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
The signer of this report has no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. Karen J. Mann, ASA-RP has performed no services, specifically as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
The signer is not biased with respect to the property that is the subject of this report or to the parties involved with this assignment.
The engagement in this assignment was not contingent upon developing or reporting predetermined results.
The compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
The reported analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice, as set forth by the Appraisal Standards Board of the Appraisal Foundation. Karen J. Mann, ASA-RP inspected the property that is the subject of this report. No one provided significant real property appraisal assistance to the appraisers signing the certification. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its Karen J. Mann, ASA-RP
Certified General Real Estate Appraiser
California License No. AG007008
Expiration Date 4/29/2022
#15..
- 534 -
ASSUMPTIONS & LIMITING CONDITIONS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 41
Information presented in this report has been obtained from reliable sources, and it is assumed that the information is accurate. This analysis assumes that the information provided for this appraisal accurately reflect the current condition of the subject property. This report shall be used for its intended purpose only, and by the party to whom it is addressed. Possession of this report does not include the right of publication.
The appraiser may not be required to give testimony or to appear in court by reason of this appraisal, with reference to the property in question, unless prior arrangements have been made.
The statements of value and all conclusions shall apply as of the dates shown herein. There is no present or contemplated future interest in the property by the appraiser which is not specifically disclosed in this report. Without the written consent or approval of the author neither all, nor any part of, the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media. This applies particularly to value conclusions and to the identity of the appraiser and the company with which the appraiser is connected. This report must be used in its entirety. Reliance on any portion of the report independent of others, may lead the reader to erroneous conclusions regarding the property values. Unless approval is provided by the author no portion of the report stands alone. We assume no responsibility for matters legal in character, nor do we render any opinion as to title, which is assumed to be marketable. All existing liens, encumbrances, and assessments have been disregarded, unless otherwise noted, and the property is appraised as though free and clear, under responsible ownership, and competent management. The appraisal has provided exhibits to assist the client(s)/intended user(s) to understand from a graphical standpoint some of the salient issues which impact the subject property. We have made no survey of the property and if further verification is required, a survey by a registered surveyor is advised.
The appraiser assumes no responsibility for determining if the property requires environmental approval by the appropriate governing agencies, nor if it is in violation thereof, unless otherwise noted herein. This analysis assumes that no asbestos or other hazardous materials are stored or found in or on the subject property. If evidence of hazardous materials of any kind occurs, the reader should seek qualified professional assistance. If hazardous materials are discovered and if future market conditions indicate an impact on value and increased perceived risk, a revision of the concluded values may be necessary.
The valuation stated herein assumes professional management and operation of the buildings throughout the lifetime of the improvements, with an adequate maintenance and repair program.
The liability of Mann & Associates, its principals, agents, and employees is limited to the client. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The appraiser is in no way responsible for any costs incurred to discover or correct any deficiency in the property.
The appraiser is not qualified to detect the presence of toxic or hazardous substances or materials which may influence or be associated with the property or any adjacent properties, has made no investigation or analysis as to the presence of such materials, and expressly disclaims any duty to note the degree of fault. Mann & Associates and its principals, agents, employees, shall not be liable for any costs, expenses, assessments, or penalties, or diminution in value, property damage, or personal injury (including death) resulting from or otherwise attributable to toxic or hazardous substances or materials, including without limitation hazardous waste, asbestos material, formaldehyde, or any smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, solids or gasses, waste materials or other irritants, contaminants or pollutants. The appraiser assumes no responsibility for determining if the subject property complies with the Americans with Disabilities Act (ADA). Mann & Associates, its principals, agents, and employees, shall not be liable for any costs, expenses, assessments, penalties or diminution in value resulting from non-compliance.
This appraisal assumes that the subject meets an acceptable level of compliance with ADA standards; if the subject is not in compliance, the eventual renovation costs and/or penalties would negatively impact the present value of the subject. If the magnitude and time of the cost were known today, they would be reduced from the reported value conclusion. Unless otherwise noted herein, a detailed soils study was not provided for this analysis. The subject's soils and sub-soil conditions are assumed to be suitable based upon a visual inspection of the subject property and surrounding properties, which did not indicate evidence of excessive settling or unstable soils. No certification is made regarding the stability or suitability of the soil or sub-soil conditions. #15..
- 535 -
ADDENDA
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 42
RESUME AND CREDENTIALS OF
KAREN J. MANN, ASA
STATE CERTIFIED - GENERAL APPRAISER
www.mannappraisal.com
[email protected]
California License #AG007008 - Exp April 29, 2022
EXPERIENCE:
1989-Present President/Chief Appraiser of Mann and Associates • A woman owned business – Incorporated in 1989
• Offices in Fremont, Discovery Bay, Brentwood and San Jose (2000 - 2008)
• Managed and reviewed appraisals of my employees (up to 17 appraisers); continued education and developed business to flex with the economy – right sized the firm after the National Recession 2007 – 2011.
• Budgets and fiscal oversight, growth and contraction
• Oversee and develop operations for staff (clerical and appraisal) • Provide motivation and education to staff and self
• Developed database system and developed a Virtual Office model for appraisers
• Developed and implemented “state of the art” technology prior to the mainstream use of such technology
• Expanded and contracted the physical firm as the market dictated • Provide financial support for advanced education opportunities to staff on a mandated annual basis
• Provide appraisal services to an array of clients including attorneys, banks, mortgage brokers and CPA’s.
May 1985-Sept. 1989 Independent Fee Appraiser & Partner of Lidster-Mann Assoc. • Achieved Vice Presidency of the firm and shared all management responsibilities, with a special emphasis on review of appraisals, and the marketing of the firm’s services.
1983-1985 Independent Fee Appraiser of Lidster Assoc.
• Worked as a full-time appraiser with emphasis on residential appraisals, with exposure and beginning training into the development of non-residential properties (ie land, churches, retail, industrial, ECT).
1980-1982 Apprentice/Trainee for Lidster Associates & Roessler Associates • Worked as a full-time appraiser, with emphasis on residential appraisals, but with exposure to commercial properties as well.
TYPE OF PROPERTY APPRAISED
• Single Family Residence
o Custom homes – largest home 40,000 sf GLA
o Homes under construction
o Estate valuations – retrospective valuations
o Dissolution valuations
#15..
- 536 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 43
o Properties with an on site ADU
o Multi-residential properties 2-4 units
• Commercial properties
o 5 – 100 unit apartment complexes
o Retail uses
o Industrial uses
o Office uses
o Agricultural uses
o Restaurants
• Other properties:
o Religious Properties – Appx 1600 properties
o Yacht Clubs
o Marinas
o RV Parks
AREAS SERVED:
Alameda County - Residential, commercial and other uses Contra Costa County - Residential, commercial & other uses San Joaquin County - Residential, commercial & other uses Santa Clara County - Residential, commercial & other uses Solano County - Residential, commercial & other uses
Statewide Religious Properties
Multi- State Religious Properties (Nevada, Oregon, Washington +)
Expert Witness and/or 730 Expert in the following Courts (a variety of property types) – which included the preparation of an Appraisal Report, deposition and trial testimony (both bench and jury trials). o Alameda County Superior Court
o Alameda County Tax Court
o Santa Clara County Superior Court
o Contra Costa County Superior Court
o San Francisco Superior Court
o Marin County Superior Court
o FEWA Forensic Expert Witness Association, past member PROFESSIONAL ORGANIZATION MEMBERSHIPS & POSITIONS:
American Society of Appraisers, (Awarded 2 designations as follows) ASA -Urban / Commercial - 1996 ASA – Residential 1986 1995-96 Chapter 42 (San Jose Chapter) - President 1994-95 Chapter 42 (San Jose Chapter) - 1st Vice President Active Chapter member since 1986 – San Jose and San Francisco Chapters 2013 – 2014 Elected, Secretary/Treasurer RP Committee for RP Discipline 2013 – 2014 RP Governance Chair
Real Property Committee member (2007-2015)
Speaker – Hollywood National Meeting (8 hour seminar developed) Education Trained
Speaker – San Antonio National Meeting (Seminar on Religious property Valuation) 2012 – 2015 ASA- CA – Chairperson (California coalition for lobbying efforts in the State of California)
2018 – 2020 Member of RP National Committee
2020 – 2021 Media representative for Real Property discipline of ASA #15..
- 537 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 44
Appraisal Institute, Senior Residential Appraiser designation (SRA) – 1987 Member of the Appraisal Institute 1984 - 2018
2007 – Vice Chair – Leadership Development & Nominating Committee 2005-2007 National – Leadership Development and Nominating Committee 2005-2007 National Committees – Education Committee
2003-2005 Chapter Services Chair, Region I
2002 Northern California-Chapter President
2001 Northern California - Chapter Vice President
2000 Northern California - Chapter Treasurer
1999 Northern California - Chapter Secretary
2002-2005 National Committee-Education Publication
2003-2005 National Committee – Chapter Services Committee 1998-2004 National Committee - Residential Admissions Board 1995-2001 National Committee - Communications Committee 1995-2001 National Committee - Public Relations Committee 1994-2003 Region I Representative
1994 South Bay Chapter President
1993 South Bay Chapter 1st Vice President
1992 South Bay Chapter Secretary
1990-96 South Bay Chapter Director
1989-96 Chairman of Vendors Faire of the Monterey Bay Appraisal Seminar Reviewer of The Dictionary of Real Estate Appraisal, Fifth Edition
Royal Institution of Chartered Surveyors, MRICS designation in 2009 Largest International Valuation and Related Studies organization Member of RICS 2005 - 2019
Real Property Committee Member of the Americas (2011 – 2015) FEWA – Forensic Expert Witness Association,
Sacramento/Sierra Chapter, Chairman (2012/2013)
Course: April, 2012 – SEAK Expert Witness (3 days), Las Vegas, NV
PROFESSIONAL AWARDS AND OTHER ASSOCIATION SERVICE & AFFILIATION • APPRAISAL FOUNDATION
o Served on SEC committed regarding effects of Financing Concessions • Delegate to Romania to meet with appraisers from that country– American Society of Appraisers) • YMCA - Fremont & Newark-Board of Members & awarded Hall of Partners • Golden West F. C. U. – Served on the Board of Directors for two years • LEADS Club - Leader of the Year
• Member of Bay East MLS Association
• Chamber of Commerce - Fremont – served on the Board of Directors • Chamber of Commerce – Discovery Bay – served on the Board of Directors • Graduate of Leadership 2000 Program - Fremont Chamber of Commerce • Discovery Bay Yacht Club – Rear Commodore (2008 – 2009) & Vice Commodore (2010), Commodore (2011) – Jr. Staff Commodore (2012) – Staff Commodore (2013+) • Awarded the Blue Gavel – International Past Commodores Association • Karen was appointed onto the CEO search committee for Appraisal Institute and for FEWA • Appeared in the Technology Today - Video (1995) for the Appraisal Institute • Was appointed to the 717 Task Force for Education (2004) – Appraisal Institute • Was appointed to the Center for Property Economics - Planning (2001) – Appraisal Institute • Chair of the Summer Conference – Residential Seminars – Toronto (2004) – Appraisal Institute • Published “Beat the Clock and Make More Money” Published in VIP magazine for the Appraisal Institute (Fall, 2004)
#15..
- 538 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 45
• Was the subject of the feature article by US Chamber of Commerce High Tech Office (1994) • Served on the merger “task force” for Northern California, San Jose, Monterey, Fresno, and Central Valley Chapters – Appraisal Institute
• Speaker (3 years) at Appraisal Today Conference in South San Francisco • Leadership Development Coordinator of 2008 Retreat – San Francisco Chapter of ASA • Was interviewed by various newspapers between 2006 – 2013 including Wall Street Journal and Bloomberg News regarding the trends in the appraisal industry
AUTHORED SEMINARS
• Beat the Clock and Make More Money
• Incredible Income Opportunities for Residential Appraisers • Profitable Appraising
• Building New Skillsets for Appraisers
• How to Measure Buildings and Calculate the Building Areas • How to operate Virtual Office and why
• Valuation of Religious Properties – it takes more than a Prayer • Vexing Valuation Issues – How to work with an Appraiser • Valuing Religious Properties – It takes more than a Prayer FEDERAL GOVERNMENTAL ADVISORY PARTICIPATION:
• Provided testimony regarding the “Appraisal Regulatory Process”, June 2012 to the U.S. House of Representatives in Washington DC o (June 2012 Testimony was filmed and on C-Span) • Provided testimony regarding the “causes and what I knew and when” about the current Federal Financial Crisis. The FCIC will then report to the President and Congress regarding the current financial/banking crisis (September 2010) (see www.fcic.gov) • Quoted in “The Financial Crisis Inquiry Report”, authorized edition January 2011 #15..
- 539 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 46
GLOSSARY
This glossary contains the definitions of common words and phrases, used throughout the appraisal industry, as applied within this document. Please refer to the publications listed in the Works Cited section below for more information.
Works Cited:
Appraisal Institute. The Appraisal of Real Estate. 15th ed. Chicago: Appraisal Institute, 2020. PDF. Appraisal Institute. The Dictionary of Real Estate Appraisal. 6th ed. 2015. PDF. The Appraisal Foundation. 2020-2021 Uniform Standards of Professional Appraisal Practice (USPAP).
Eff. January 1, 2020 through December 31, 2021 PDF.
Band of Investment
A technique in which the capitalization rates attributable to components of an investment are weighted and combined to derive a weighted-average rate attributable to the total investment (i.e., debt and equity, land and improvements). (Dictionary, 6th Edition)
Common Area
1. The total area within a property that is not designed for sale or rental but is available for common use by all owners, tenants, or their invitees, e.g., parking and its appurtenances, malls, sidewalks, landscaped areas, recreation areas, public toilets, truck and service facilities.
2. In a shopping center, the walkways and areas onto which the stores face and which conduct the flow of customer traffic. (ICSC) (Dictionary, 6th Edition)
Common Area Maintenance (CAM)
1. The expense of operating and maintaining common areas; may or may not include management charges and usually does not include capital expenditures on tenant improvements or other improvements to the property.
• CAM can be a line-item expense for a group of items that can include maintenance of the parking lot and landscaped areas and sometimes the exterior walls of the buildings. • CAM can refer to all operating expenses.
• CAM can refer to the reimbursement by the tenant to the landlord for all expenses reimbursable under the lease. Sometimes reimbursements have what is called an administrative load. An example would be a 15% addition to total operating expenses, which are then prorated among tenants. The administrative load, also called an administrative and marketing fee, can be a substitute for or an addition to a management fee.
2. The amount of money charged to tenants for their shares of maintaining a center’s common area. The charge that a tenant pays for shared services and facilities such as electricity, security, and maintenance of parking lots. The area maintained in common by all tenants, such as parking lots and common passages.
The area is often defined in the lease and may or may not include all physical area to be paid for by all tenants. Items charged to common area maintenance may include cleaning services, parking lot sweeping and maintenances, snow removal, security, and upkeep. (ICSC) (Dictionary, 6th Edition) Debt Coverage Ratio (DCR)
The ratio of net operating income to annual debt service (DCR = NOI/IM), which measures the relative ability of a property to meet its debt service out of net operating income; also called debt service coverage ratio (DSCR). A larger DCR typically indicates a greater ability for a property to withstand a reduction of income, providing an improved safety margin for a lender. (Dictionary, 6th Edition) #15..
- 540 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 47
Discount Rate
A rate of return on capital used to convert future payments or receipts into present value; usually considered to be a synonym for yield rate. (Dictionary, 6th Edition) Effective Age
The age of property that is based on the amount of observed deterioration and obsolescence it has sustained, which may be different from its chronological age. (Dictionary, 6th Edition) Effective Date
1. The date on which the appraisal or review opinion applies. (SVP)
2. In a lease document, the date upon which the lease goes into effect. In a lease document, the date upon which the lease goes into effect. (Dictionary, 6th Edition) Exposure Time
1. The time a property remains on the market.
2. The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based on an analysis of past events assuming a competitive and open market. (Dictionary, 6th Edition)
External Obsolescence
An element of depreciation; a diminution in value caused by negative externalities and generally incurable on the part of the owner, landlord, tenant. (Dictionary, 6th Edition) Extraordinary Assumption
An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser’s opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. (Dictionary, 6th Edition)
An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinion or conclusions. (USPAP, 2020-2021 ed.)
Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Dictionary, 6th Edition) Functional Obsolescence
The impairment of functional capacity of improvements according to market tastes and standards. (Dictionary, 6th Edition)
Functional Utility
The ability of a property or building to be useful and to perform the function for which it is intended according to current market tastes and standards; the efficiency of a building’s use in terms of architectural style, design and layout, traffic patterns, and the size and type of rooms. (Dictionary, 6th Edition) #15..
- 541 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 48
Gross Building Area (GBA)
Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above-grade area. This includes mezzanines and basements if and when typically included in the region. (Dictionary, 6th Edition)
Gross Leasable Area (GLA)
1. Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above grade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved.
2. Gross leasable area plus all common areas.
3. For residential space, the total area of all floor levels measured from the exterior of the walls and including the superstructure and substructure basement; typically does not include garage space. (Dictionary, 6th Edition)
Highest & Best Use
1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity.
2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset’s existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS)
3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions) (Dictionary, 6th Edition)
Highest and Best Use of Land or a Site as Though Vacant Among all reasonable, alternative uses, the use that yields the highest present land value, after payments are made for labor, capital, and coordination. The use of a property based on the assumption that the parcel of land is vacant or can be made vacant by demolishing any improvements. (Dictionary, 5th Edition) Highest and Best Use of Property as Improved
The use that should be made of a property as it exists. An existing improvement should be renovated or retained as is so long as it continues to contribute to the total market value of the property, or until the return from a new improvement would more than offset the cost of demolishing the existing building and constructing a new one. (Dictionary, 5th Edition)
Hypothetical Condition
1. A condition that is presumed to be true when it is known to be false. (SVP)
2. A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (USPAP, 2020-2021 ed.)
(Dictionary, 6th Edition)
#15..
- 542 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 49
Lease Types
Absolute Net Lease - A lease in which the tenant pays all expenses including structural maintenance, building reserves, and management; often a long-term lease to a credit tenant.
Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay all of the property’s operating and fixed expenses; also called full-service lease.
Modified Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property’s operating and fixed expenses. Since assignment of expenses varies among modified gross leases, expense responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi-gross lease. (Dictionary, 6th Edition) Leased Fee Interest
The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Dictionary, 6th Edition) Market Area
The geographic region from which a majority of demand comes and in which the majority of competition is located. Depending on the market, a market area may be further subdivided into components such as primary, secondary, and tertiary market areas, or the competitive market area may be distinguished from the general market area. (Dictionary, 6th Edition)
Market Rent
The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TIs). (Dictionary, 6th Edition)
Market Value
A type of value that is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined, such as the following.
1. The most widely accepted components of market value are incorporated in the following definition:
The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.
2. Market value is described, not defined, in the Uniform Standards of Professional Appraisal Practice (USPAP) as follows: A type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. Comment: Forming an opinion of market value is the purpose of many real property appraisal assignments, particularly when the client’s intended use includes more than one intended user. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories:
1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer);
2. the terms of sale (e.g., cash, cash equivalent, or other terms); and #15..
- 543 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 50
3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale).
Appraisers are cautioned to identify the exact definition of market value, and its authority, applicable in each appraisal completed for the purpose of market value. (USPAP, 2020-2021 ed.) USPAP also requires that certain items be included in every appraisal report. Among these items, the following are directly related to the definition of market value:
• Identification of the specific property rights to be appraised. • Statement of the effective date of the value opinion. • Specification as to whether cash, terms equivalent to cash, or other precisely described financing terms are assumed as the basis of the appraisal. • If the appraisal is conditioned upon financing or other terms, specification as to whether the financing or terms are at, below, or above market interest rates and/or contain unusual conditions or incentives. The terms of above- or below-market interest rates and/or other special incentives must be clearly set forth; their contribution to, or negative influence on, value must be described and estimated; and the market data supporting the opinion of value must be described and explained.
3. The following definition of market value is used by agencies that regulate federally insured financial institutions in the United States: The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• Buyer and seller are typically motivated;
• Both parties are well informed or well advised, and acting in what they consider their best interests; • A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
• The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994)
4. The International Valuation Standards Council defines market value for the purpose of international standards as follows: The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion. (IVS)
5. The Uniform Standards for Federal Land Acquisitions defines market value as follows: Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal. (Uniform Appraisal Standards for Federal Land Acquisitions) (Dictionary, 6th Edition) #15..
- 544 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 51
Marketing Time
An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, “Reasonable Exposure Time in Real Property and Personal Property Market Value Opinion” address the determination of reasonable exposure and marketing time.) (Dictionary, 6th Edition) Net Operating Income (NOI)
The actual or anticipated net income that remains after all operating expenses are deducted from effective gross income but before mortgage debt service and book depreciation are deducted. Note: This definition mirrors the convention used in corporate finance and business valuation for EBITDA (earnings before interest, taxes, depreciation, and amortization). (Dictionary, 6th Edition) Obsolescence
One cause of depreciation; an impairment of desirability and usefulness caused by new inventions, changes in design, improved processes for production, or external factors that make a property less desirable and valuable for a continued use; may be either functional or external. (Dictionary, 6th Edition) Parking Ratio
A ratio of parking area or parking spaces to an economic or physical unit of comparison. Minimum required parking ratios for various land uses are often stated in zoning ordinances. (Dictionary, 6th Edition) Rentable Area
For office or retail buildings, the tenant’s pro rata portion of the entire office floor, excluding elements of the building that penetrate through the floor to the areas below. The rentable area of a floor is computed by measuring to the inside finished surface of the dominant portion of the permanent building walls, excluding any major vertical penetrations of the floor. Alternatively, the amount of space on which the rent is based; calculated according to local practice.
(Dictionary, 6th Edition)
Replacement Cost
The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design, and layout. (Dictionary, 6th Edition) Scope of Work
1. The type of data and the extent of research and analyses. (SVP)
2. The type and extent of research and analyses in an appraisal or appraisal review assignment. (USPAP, 2020- 2021 ed.) (Dictionary, 6th Edition)
Stabilized Occupancy
1. The occupancy of a property that would be expected at a particular point in time, considering its relative competitive strength and supply and demand conditions at the time, and presuming it is priced at market rent and has had reasonable market exposure. A property is at stabilized occupancy when it is capturing its appropriate share of market demand.
2. An expression of the average or typical occupancy that would be expected for a property over a specified projection period or over its economic life. (Dictionary, 6th Edition) #15..
- 545 -
ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 52
Tenant Improvements (TIs)
1. Fixed improvements to the land or structures installed for use by a lessee.
2. The original installation of finished tenant space in a construction project; subject to periodic change for succeeding tenants. (Dictionary, 6th Edition)
Vacancy and Collection Loss
A deduction from potential gross income (PGI) made to reflect income reductions due to vacancies, tenant turnover, and nonpayment of rent; also called vacancy and credit loss or vacancy and contingency loss. (Dictionary, 6th Edition)
END OF APPRAISAL REPORT
#15..
- 546 -
RESERVED FOR
SEWER TREATMENT
PLANT (5.1 ACRES)
FUTURE PHASE 3 PAVED PARKING
FUTURE PHASE 3 SOCCER FIELDS
FUTURE PHASE 3 PAVED PARKING
CURRENT TEMPORARY/ OVERFLOW
GRAVEL SURFACE PARKING TO BE
FUTURE PAVED PARKING
(2) SYSL SOCCER FIELDS
PHASE 1 PHASE 2 - PAVED PARKING
WITH SHADE TREES
AND SIDEWALK
APPROX. 170 SPACES
PHASE 2 - (3) SOCCER FIELDS
WITH AUTOMATED
IRRIGATION SYSTEM
EXISTING BELLENITA
PARK SOCCER FIELD
EXISTING BELLENITA PARK
REST ROOMS
PHASE 2 - VEGETATED BIO-RETENTION
SWALE TO CONTROL AND TREAT
STORM WATER RUNOFF
PHASE 2 - VEGETATED BIO-RETENTION
SWALE TO CONTROL AND TREAT
STORM WATER RUNOFF
JOHN STREET HAYS STREET HAMMOND STREET HANCOCK STREET
DONALD STREET
KENNETH STREET
ROBERTSON ROAD THOMAS STREET
FUTURE VEGETATED BIO-RETENTION
BASIN TO CONTROL AND TREAT
STORM WATER RUNOFF #22418'&$;
5*''601
8#7.601
,1$01 #22418'&$;
'
'
4'8+5+10 ' &'5%4+26+10 $;
&4#90$;
%*'%-'&$;
'
'
'
$;
'
/1&'561%#.+(140+#
ÄÄÄÄÄÄÄ
1(2#)'5
. 6*'%#42'06'441#'# 51%%'4%1/2.': 241,'%6 6442241,'%6 /%&
/%&
0*
#15..
- 547 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 2, 2023
Date: April 4, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Safe Streets and Roads for All Grant
CONTACT: Mark G. Murphy, Traffic Engineer, [email protected], 209-577-5431 DESCRIPTION:
Consider accepting Grant Funds for Safe Streets and Roads for All Grant to create an Action Plan to analyze roadway accidents. (Funding Source: Measure L and SS4A funds).
STRATEGIC PLAN ELEMENT:
This item is consistent with Council’s Strategic Commitment Area of Focus: “Quality of Life”; engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and it’s underlying issues.” BACKGROUND:
The Bipartisan Infrastructure Law1 (BIL) established a new Safe Streets and Roads for All (SS4A) Grant program with $5 billion in appropriated funds over the next five years. In fiscal year 2022 (FY22), up to $1 billion is available. The SS4A program funds regional, local, and Tribal initiatives through grants to prevent roadway deaths and serious injuries. The primary goal of the SS4A grants is to improve roadway safety by supporting communities in developing comprehensive safety action plans based on a “Safe System Approach”, and implementing projects and strategies that significantly reduce or eliminate transportation-related fatalities and serious injuries involving pedestrians, bicyclists, public transportation, commercial vehicle operators, and motorists.
DISCUSSION:
The City of Modesto’s Traffic Engineering Division applied for this grant as approved by Council at their September 13, 2022, meeting by Resolution No. 2022-381. The SS4A grant is Stage 1 1 https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ #16..
- 548 -
City Council, May 2, 2023
Safe Streets and Roads for All Grant
that will allow staff to utilize safety metrics to analyze roadway accidents within the City and help fund improvement projects with the ongoing traffic safety concerns.
SS4A funding received as part of this action plan grant will be used to update an existing Local Road Safety Plan into a comprehensive action plan to address Modesto’s ongoing roadway safety issues. This plan will include a leadership commitment from the mayor and a safety task force made up of a diverse group of individuals including citizens, engineers, law enforcement, neighborhood associations, school district officials, and public engagement stakeholders. The plan will also provide a detailed data driven approach to safety analysis by using crash-based data analysis & mapping with a focus on locations where a fatality or serious injury has occurred or where the data indicates one could occur in the future. The plan will also analyze crash data disparities by economic, racial factors, and using safety analysis to identify areas of risk which are underrepresented in the crash data due to underreporting. The City would also use a data driven approach to engagement & collaboration by using community near miss reporting tools to identify risks which are not yet present in the crash data in a data driven and systemic level.
Staff will also incorporate review of current standards and policies, particularly those around neighborhood traffic calming, speed reduction, enforcement technology, and signalization technology to improve transportation safety. The plan intends to use Safety Analytics information to inform more comprehensive project planning in preparation for implementation grants in the future, Stage 2.
A resolution authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget are required with each grant package as the safety plan.
After Council approval, this action will allow staff to accept payment, amend the annual budget, and authorize the City Manager or his designee to execute all related grant documents.
FISCAL IMPACT:
The City of Modesto was granted $1,000,000 from the SS4A grant program which requires a 20% match by the receiving agency. The City’s 20% match is $200,000 for the SS4A funds for a project total of $1,200,000. At their March 3, 2023, meeting the Measure L Committee approved measure L funds for the City’s match for this project.
COMMITTEE RECOMENDATION:
This item was presented to the Economic Development Committee on April 3, 2023, and the Committee recommended forwarding the item to Council for approval.
CEQA/NEPA:
This is not a project. When projects are developed from the Local Road Safety Plan appropriate environmental paperwork will be completed for each project.
RECOMMENED COUNCIL ACTION:
Staff Recommendations:
Resolution accepting the SS4A Grant Funds of $1,000,000 and using Measure L funds as the City’s 20%, $200,000 match portion of the grant funds received for a project total of $1,200,000, and authorizing the City Manager, or his designee, to execute all related grant documents. #16..
- 549 -
City Council, May 2, 2023
Safe Streets and Roads for All Grant
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Resolution 2022-381
#16..
- 550 -
1 2022-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION ACCEPTING THE SS4A GRANT FUNDS OF $1,000,000 AND USING MEASURE L FUNDS AS THE CITY’S 20% $200,000 MATCH PORTION OF THE GRANT FUNDS RECEIVED FOR A PROJECT TOTAL OF $1,200,000
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE ALL RELATED GRANT DOCUMENTS
WHEREAS, the Bipartisan Infrastructure Law1 (BIL) established a new Safe Streets and Roads for All (SS4A) Grant program with $5 billion in appropriated funds over the next five years; and
WHEREAS, the primary goal of the SS4A grants is to improve roadway safety by supporting communities in developing comprehensive safety action plans based on a “Safe System Approach”, and implementing projects and strategies that significantly reduce or eliminate transportation-related fatalities and serious injuries involving pedestrians, bicyclists, public transportation, commercial vehicle operators, and motorists; and
WHEREAS, in fiscal year 2022 (FY22), up to $1 billion is available; and WHEREAS, public sector project leaders can build internal buy-in and partnerships with public, private, academic, nonprofit, and community organizations and community networks to refine and prototype their concepts as well as report on results; and
WHEREAS, the City of Modesto was awarded a SS4A grant of $1,000,000 with a 20% match from the City of $200,000 from Measure L funds for a project total of $1,200,000 to update an existing Local Road Safety Plan into a comprehensive action plan to address Modesto’s ongoing roadway safety issues; and 1 https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ #16..
- 551 -
2 2022-
WHEREAS, the action plan will provide a detailed data driven approach to safety analysis by using crash-based data analysis and mapping where a fatality or serious injury has occurred or where the data indicates one could occur in the future; and WHEREAS, staff will incorporate review of current standards and policies, particularly those around neighborhood traffic calming, speed reduction, enforcement technology, and signalization technology to improve transportation safety; and WHEREAS, the plan intends to use Safety Analytics information to inform more comprehensive project planning in preparation for an implementation grant in the future, and WHEREAS, Stage 2 will provide funding for projects that are designed to result in a scaled-up demonstration of the concept, integrating it with the existing transportation system, and refining the concept such that it could be replicated by others; and WHEREAS, the United States Department of Transportation (USDOT) expects that only recipients of Stage 1: Planning and Prototyping Grants will be eligible for Stage 2: Implementation Grants in the following fiscal year; and NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby accept the Safe Streets and Roads for All Grant of $1,000,000 and using Measure L funds as the City’s 20%, $200,000 match portion of the grant funds received for a project total of $1,200,000.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is authorized to execute all related grant documents.
BE IT FURTHER RESOLVED, that staff is authorized to apply for any future related Grants to implement the safety action plan.
#16..
- 552 -
3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
#16..
- 553 -
09/13/2022/PW/SCollins/Item 23 1 2022-381
MODESTO CITY COUNCIL
RESOLUTION NO. 2022-381
RESOLUTION AUTHORIZING STAFF TO APPLY FOR THE SAFE STREETS
AND ROADS FOR ALL GRANT, STRENGTHENING MOBILITY AND
REVOLUTIONIZING TRANSPORTATION GRANT, AND APPLY FOR ANY
FUTURE RELATED GRANTS
WHEREAS, the Bipartisan Infrastructure Law1 (BIL) established a new Safe Streets and Roads for All (SS4A) Grant program with $5 billion in appropriated funds over the next five years; and
WHEREAS, the primary goal of the SS4A grants is to improve roadway safety by supporting communities in developing comprehensive safety action plans based on a “Safe System Approach”, and implementing projects and strategies that significantly reduce or eliminate transportation-related fatalities and serious injuries involving pedestrians, bicyclists, public transportation, commercial vehicle operators, and motorists; and
WHEREAS, in fiscal year 2022 (FY22), up to $1 billion is available; and WHEREAS, the BIL also established the Strengthening Mobility and Revolutionizing Transportation (SMART) discretionary grant program with $100 million appropriated annually for fiscal years (FY) 2022-2026; and WHEREAS, the SMART program was established to provide grants to eligible public sector agencies to conduct demonstration projects focused on advanced smart community technologies and systems in order to improve transportation efficiency and safety; and
WHEREAS, the SMART Grants Program is divided into two stages; and 1 https://www.fhwa.dot.gov/bipartisan-infrastructure-law/ #16..
- 554 -
09/13/2022/PW/SCollins/Item 23 2 2022-381
WHEREAS, during Stage 1, public sector project leaders can build internal buyin and partnerships with public, private, academic, nonprofit, and community organizations and community networks to refine and prototype their concepts as well as report on results; and
WHEREAS, Stage 2 will provide funding for projects that are designed to result in a scaled-up demonstration of the concept, integrating it with the existing transportation system, and refining the concept such that it could be replicated by others; and WHEREAS, United States Department of Transportation (USDOT) expects that only recipients of Stage 1: Planning and Prototyping Grants will be eligible for Stage 2:
Implementation Grants in the following fiscal year; and WHEREAS, for the FY22 funding opportunity, USDOT expects to award 30 to 50 Stage 1 grants.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby authorizes staff to apply for the Safe Streets and Roads for All Grant and Strengthening Mobility and Revolutionizing Transportation Grant.
BE IT FURTHER RESOLVED, by the Council of the City of Modesto that it hereby authorizes staff to apply for any future related Grants. #16..
- 555 -
#16..
- 556 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 2, 2023
Date: April 4, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Accept the Install Video Detection Cameras Project as Complete CONTACT: Mark G. Murphy, Traffic Engineer, [email protected], 209-577-5431 DESCRIPTION:
Consider accepting the Install Traffic Signal Video Detection Cameras Project as complete. (Funding Sources: Congestion Mitigation and Air Quality) STRATEGIC PLAN ELEMENT:
This item is consistent with Council’s Strategic Commitment Area of Focus: “Quality of Life; engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal D: “Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance and sustainability efforts.” BACKGROUND:
In May of 2020, the City of Modesto applied for Congestion Mitigation and Air Quality (CMAQ) funds to install Video Detection Cameras. The City of Modesto received the CMAQ funds and created a project to purchase video detection cameras. This project is part of the Modesto Traffic Signal System Master Plan approved by Council on January 28, 2020, by Resolution 2020-056.
The Modesto Traffic Signal System Master Plan details a roadmap for the City of Modesto over the next 12 years to improve its existing traffic signal system infrastructure. City of Modesto staff coordinated with the California Department of Transportation (Caltrans) to adjust the scope of work for the project to be in line with elements of the master plan.
One of the Intelligent Transportation System (ITS) elements the report recommended was the move to digital IP addressable video detection cameras. These cameras not only detect vehicles, but also bicycles and pedestrians. Additionally, the cameras provide data information valuable to the operation and communication of each signal, such as vehicle/bike/pedestrian recognition.
#17..
- 557 -
City Council, May 2, 2023
Accept the Install Video Detection Cameras Project as Complete
To ensure consistency, compatibility and efficiency, the City Council on April 6, 2021, per Resolution 2021-105 established a two-year agreement with two one-year extensions to Iteris Inc. vendor for video detection cameras to use at all intersections throughout the City. This initial purchase was for 23 intersections (84 Cameras), with the City of Modesto anticipating purchasing additional video detection cameras as funds become available. In the past, the City of Modesto has had multiple vendors for camera and loop detection systems, which has caused challenges for staff to maintain.
The City’s primary vehicle detection technology is inductive loops (wiring) buried in the pavement. This in-pavement installation is problematic when construction is necessary and when maintenance or repairs are needed. To address these issues, the City has elected to standardize the video detection technology being deployed at signalized intersections. This technology has evolved over the last several years to support the individualized detection of motor vehicles, bicycles, and pedestrians on a lane-by-lane basis at the stop bar, as well as a few hundred feet in advance of the intersection. The technology has also evolved as a tool for continuous data collection, in addition to its main function of providing traffic detection. Video detection systems today can collect, aggregate, and summarize Average Annual Daily Traffic (ADT) approach counts, intersection turning movement counts, and bicycle/pedestrian approach counts. The city will also utilize the video detection cameras to monitor traffic and integrate with the Police Department’s crime center. This technology allows staff to monitor traffic flow patterns and adjust signal timing to improve traffic flow.
After months of testing several different detection systems, Iteris’ Vantage Vector Camera with NEXT System1 has been chosen by the City of Modesto Traffic Electrical and Engineering Divisions as the best all-around product for the City’s needs. At the time of determination, it was the only camera system to track not only vehicles, but also distinguishes both pedestrians and bicycles. To date, the Iteris cameras remain the only cameras that can detect pedestrians, integrate with Genotec police software, red light hold capability, and integrate with the City’s traffic management software. The City of Modesto currently has Iteris cameras at approximately 80 intersections representing over $1,560,000 already invested in this technology.
As a result, the Traffic Division has chosen to utilize Iteris cameras and NEXT detection system to standardize systems throughout the city. This standardization will significantly aid the work of electrical crews responsible for maintenance or system modification.
DISCUSSION:
This project is Phase 2 of a multi-phase approach, and as funds become available, staff will continue to apply for CMAQ or other funds until all traffic signals have video detection. This project procured 84 cameras at 23 signalized intersections throughout the City of Modesto, while City staff provided the installation.
Staff recommends acceptance of the project as complete as all the materials have been procured within project contract requirements.
1 https://www.iteris.com/oursolutions/traffic-detection/vantagenext #17..
- 558 -
City Council, May 2, 2023
Accept the Install Video Detection Cameras Project as Complete
FISCAL IMPACT:
The total project costs were $512,698, which included all procurement costs. The total project amount originally budgeted was $550,000. The project was funded by the CMAQ grant. All remaining CMAQ funds not used will be de-obligated from the City project and returned to the CMAQ fund.
101244 – Public Works – “Install Video Detection Cameras” PROJECT EXPENDITURES:
Purchase 100.0% $512,698
TOTAL EXPENDITURES: $512,698
Percentages shown are based on percentages of total expenditures.
COMMITTEE RECOMMENDATION:
On April 3, 2023, this item was presented to the Economic Development Committee, and the Committee recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
Environmental review has been provided through a Categorical Exemption under CEQA Section 15301 (b) formal documentation not required.
RECOMMENDED COUNCIL ACTION:
Staff Recommendation:
Resolution accepting the Install Traffic Signal Video Detection Cameras Project as complete.
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Resolution No. 2021-105
#17..
- 559 -
1 2023-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION ACCEPTING THE INSTALL TRAFFIC SIGNAL VIDEO
DETECTION CAMERAS PROJECT AS COMPLETE
WHEREAS, in May of 2020, the City of Modesto applied for Congestion Mitigation and Air Quality (CMAQ) funds to install video detection cameras; and WHEREAS, on September 4, 2018, the City of Modesto approved a Measure L project for “Traffic Signal Analysis Study System Wide” which was to complete the “Modesto Traffic Signal System Master Plan” which details a roadmap for the City over the next 12 years to improve its existing traffic signal system infrastructure; and WHEREAS, on January 28, 2020, by Resolution 2020-056, Council approved the Modesto Traffic Signal System Master Plan and staff coordinated with the California Department of Transportation (Caltrans) to adjust the scope of work for the project to be in line with elements of the master plan; and
WHEREAS, one of the Intelligent Transportation System (ITS) elements the report recommended was the move to IP addressable video detection cameras; and WHEREAS, this project procured 84 cameras at 23 signalized intersections throughout the City while City staff provided the installation; and WHEREAS, the City currently has Iteris cameras at approximately 80 intersections already invested in this technology; and
WHEREAS, this project is Phase 2 of a multi-phase approach, and staff will continue to apply for CMAQ or other funds until all traffic signals have video detection.
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby accepts the Install Video Detection Cameras Project as complete. #17..
- 560 -
2 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
#17..
- 561 -
#17..
- 562 -
#17..
- 563 -
#17..
- 564 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 2, 2023
Date: March 23, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Pacific Gas and Electric First Amendment for SmartMeter Installation CONTACT: Mark G. Murphy, Traffic Engineer, [email protected], 209-577-5431 DESCRIPTION:
Consider approving the First Amendment to the Agreement with Pacific Gas and Electric for SmartMeter installation. (Funding Source: Surface Transportation Fund) STRATEGIC PLAN ELEMENT:
This item is consistent with Council’s Strategic Commitment Area of Focus: “Quality of Life Goals and Strategies”; engage partners across the community to ensure the safety, resilience, and attractiveness of Modesto; Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and it’s underlying issues.”
BACKGROUND:
On July 1, 2008, by Resolution No. 2008-401, Council approved a 20-year license agreement with Pacific Gas & Electric (PG&E) for the installation of SmartMeter equipment on all Cityowned streetlights. These communication devices are data collector units that automatically read customer gas meters and transmit the data to the PG&E central office.
There are several benefits to the SmartMeter program, among them are:
1) SmartMeters allow PG&E to read meters remotely, virtually eliminate estimated bills, detect energy theft remotely, eliminate the need to pro-rate billing following a change-ofparty move, and provide customers with an opportunity to save money on their bills by switching to a demand-response rate option.
2) Customers receive more detailed energy usage information to better understand and manage their bills and be able to participate in future energy efficiency and demand response program.
3) PG&E can detect outages remotely and restore services faster.
The 20-year agreement with PG&E is summarized below:
#18..
- 565 -
City Council, May 2, 2023
Pacific Gas and Electric First Amendment for SmartMeter Installation
1) Holds PG&E liable for any damages or injury that might occur because of its equipment. 2) Addresses visual aesthetics by installing the Gas SmartMeters on existing streetlights, instead of locating additional poles. As a public utility, PG&E is authorized to install its own poles in the public right-of-way.
3) Provides the City with one-time revenue for each SmartMeter installed paid in lump sum.
DISCUSSION:
In June of 2021, the City of Modesto received a request from PG&E to add a SmartMeter location. This is allowed per the agreement, so long as Exhibit A is updated identifying each of the locations the SmartMeters are approved for installation. SmartMeters were allowed to be installed on our streetlights taking power from our photocell on top of the streetlight. The power draw is very low and was approved by Modesto Irrigation District (MID) for our unmetered streetlights at no additional charge.
MID has had numerous policy updates since 2008, one of which is disallowing attachments requiring power to flat rated areas. MID now requires any additional item that requires power be installed on a metered service.
This item has been to the Economic Development Committee on February 6, 2023, and City Council on March 14, 2023, as an Amendment to the list of locations, Exhibit A, for the installation of SmartMeters throughout the City of Modesto. However, the actual agreement must be amended because PG&E’s installation requirements have changed, as required by MID.
Therefore, the proposed first Amendment now requires any additional SmartMeter location to be on a metered service or requires PG&E to install a service for the equipment to be metered.
FISCAL IMPACT:
The City currently charges a $780 licensee fee that is prorated from 2008 for the 20-year agreement term and an additional $120 administrative fee to process the request. Revenue shall be deposited in Surface Transportation Fund 1700-53520 – Electricity Utility Cost Center.
COMMITTEE RECOMENDATION:
This item was presented to the Economic Development Committee on February 6, 2023, and the Committee recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
This is not a project as defined by CEQA guidelines, Categorical Class III, Section 15303.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the First Amendment to the Agreement with Pacific Gas and Electric for SmartMeter installation by requiring a metered service for any future installations on unmetered street light standards, and authorizing the City Manager, or his designee, to execute the Amendment.
#18..
- 566 -
City Council, May 2, 2023
Pacific Gas and Electric First Amendment for SmartMeter Installation
Approved by:
Bill Sandhu, Director of Public Works
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. 2008 PG&E Agreement
3. Amendment Agreement
4. Exhibit A
#18..
- 567 -
1 2023-
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH PACIFIC GAS AND ELECTRIC FOR SMARTMETER
INSTALLATION BY REQUIRING A METERED SERVICE FOR ANY FUTURE
INSTALLATIONS ON UNMETERED STREET LIGHT STANDARDS, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AMENDMENT
WHEREAS, on July 1, 2008, by Resolution No. 2008-401, Council approved a 20- year license agreement with Pacific Gas and Electric for the installation of Gas Smartmeter on City of Modesto owned streetlights; and
WHEREAS, in June of 2021, the City of Modesto received a request from PG&E to add a Gas SmartMeter location at 4776 Parker Road; and WHEREAS, Modesto Irrigation District (MID) now requires any additional item that requires power to be installed on a metered service; and WHEREAS, on March 14, 2023, by Resolution No. 2023-115, Council approved Pacific Gas and Electric to install a Gas SmartMeter on City of Modesto owned streetlight at 4776 Parker Road to the PG&E SmartMeter Agreement.
NOW, THEREFORE BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Agreement with Pacific Gas and Electric now requiring a metered service for their equipment if installed on an unmetered street light standard.
BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #18..
- 568 -
2 2023-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST:
DIANE NAYERES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
#18..
- 569 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 570 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 571 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 572 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 573 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 574 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 575 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 576 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 577 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 578 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 579 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 580 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 581 -
DocuSign Envelope ID: C9B511C3-31DC-47B2-B317-6816F1332753 #18..
- 582 -
| City of Modesto
Internal
AMENDMENT TO AGREEMENT NO. XXDC-00-0027
AMENDMENT TO STREETLIGHT LICENSE AGREEMENT
THIS AMENDMENT TO THE STREETLIGHT LICENSE AGREEMENT FOR THE PLACEMENT OF SMARTMETER EQUIPMENT (this “Amendment”) is made and entered into as of May 2, 2023 (the "Effective Date") by and between the CITY OF MODESTO, a charter city and municipal corporation, ("CITY" herein) and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation ("PG&E" herein) each being referred to individually as a “Party” and collectively as the “Parties.”
R E C I T A L S:
WHEREAS, PG&E and CITY are the parties to that certain License Agreement dated July 1, 2008 for the placement of SmartMeter Equipment (the “License”) on certain streetlights located within the City of Modesto.
Modesto Irrigation District (“MID” herein) is the electric service provider in the geographic areas within the political jurisdiction of CITY and had requested to make certain amendments to the license, as more particularly set forth below.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, PG&E and the CITY agree to amend the License as follows:
1. The R E C I T A L S section of the License is hereby amended to include the following statement
a. “WHEREAS, Modesto Irrigation District (“MID” herein) is the electric service provider in the geographic areas within the political jurisdiction of CITY; and”.
2. ELECTRICAL SERVICE. The following reference to the electrical service and MID should be inserted at the end of Section 4.
4. a. Electrical service connections to existing CITY streetlight facilities are prohibited if not metered. PG&E is responsible for acquiring a new separate electrical service through MID for any equipment attached to photocells, support arms and streetlight pole(s) owned by CITY.
4.1 All electrical services shall adhere to MID’s Electric Rate Schedules and Service Rules
4.2 All electric service connections shall adhere to MID’s Commercial and Industrial Electric Service Guide.
4.3 Any electrical service connections without receiving permission to do so by MID will (1) require PG&E to immediately remove such #18..
- 583 -
| City of Modesto
Internal
equipment, or (2) remove said equipment at the sole cost, risk and expense of PG&E.
3. Notices. The notice address for the Company contained in Section 21 of the Original License are amended to read as follows:
PG&E: PACIFIC GAS AND ELECTRIC COMPANY
SmartMeter Operation Center
c/o Patrick Mulshine
300 Lakeside Dr.
Oakland, CA 94612-3534
with a copy to: PACIFIC GAS AND ELECTRIC COMPANY
Land Management
Attn: Alison Mele
3580 East California Ave., Building B
Fresno, CA 93702
Conflict. In the event of any conflict between the provisions of the License and this Amendment, the provisions of this Amendment shall govern.
Execution of Amendment. The submission of this Amendment to the CITY for examination or execution does not create an option or constitute an offer to the CITY to amend the License, on the terms and conditions contained herein, and this Amendment shall not become effective as an amendment to the License unless and until it has been executed and delivered by both the PG&E and the CITY. By executing and delivering this Amendment, the person or persons on behalf of the CITY represent and warrant that they have requisite authority to bind the CITY.
Entire Agreement. The License, as amended hereby, contains the entire agreement of the CITY and PG&E with respect to the subject matter hereof, and there are no oral agreements between the CITY and PG&E affecting the License hereby amended. This Amendment cancels and supersedes any and all previous negotiations, representations, agreements and understandings, if any, between the CITY and PG&E and their respective agents with respect to the subject matter thereof, and none shall be used to interpret or construe the License as amended hereby. #18..
- 584 -
| City of Modesto
Internal
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth below each signature, to be effective upon the Effective Date first written above. "CITY"
CITY OF MODESTO,
a charter city and municipal corporation
By:
Name: _
Its: _
Date:
"PG&E"
PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation
By: _ ___
Name: ________________________________
Its: ________________________________
Date: ________________________________
#18..
- 585 -
PART 1 REQUEST FOR ACCESS
EXHIBIT A
STREETLIGHT LICENSE AGREEMENT
To CITY OF MODESTO Date: July 31, 2022
SCOTT COLLINS, PE, TE Agreement: XXDC-00-0027
THIRD PARTY ADDRESS
MODESTO, CALIFORNIA, ZIP CODE
In accordance with that certain Streetlight License Agreement between the City of Modesto (“City”) and PG&E dated July 01, 2008 (the “Agreement”) we hereby request permission to place, relocate, or update data associated with the attachments on the City streetlights designated below.
1. Location of all streetlight attachments:
NLC # Street Device
Type NLC # Street Device Type
12171 W/S DALE RD DCU 12201 211 LAS PLAMAS AVE DCU
12172 W/S SISK RD DCU 12202 220 KINGSTON LN DCU
12173 3732 WOODGLEN DR DCU 12214 3716 LOUISBURG DCU
12178 827 WALNUT WAY DCU 12216 4776 Parker Rd DCU
12186 IFO 1341 MC WILLIAMS WAY DCU 12217 BTW 1900/1901 NATCHEZ WAY DCU 12187 E/S MORSE RD DCU 12218 3921 RUFFED GROUSE DCU
12190 3648 VENEMAN AVE DCU 12219 A/F 2717 MARINA DR DCU 12191 1417 LECOURBE DCU 12220 1720 BERGEN DR DCU
12192 2101 HISTORY WAY DCU 12221 1317 SHARONWOOD DR DCU 12193 948 SYLVAN MEADOWS DR DCU 12222 1002 E FAIRMONT AVE DCU 12194 200 ERICWOOD CT DCU 12223 511 TOULUMNE BLVD DCU
12195 1816 ROBBIE AVE DCU 12226 2316 USTICK RD DCU
12196 1520 GRAPE AVE DCU 12228 S/S HATCH RD DCU
12197 Calle De Rosas DCU 12229 508 CRATER AVE DCU
12198 ENSLEN AVE DCU 16369 ENCINA AVE @ PHOENIX AVE DCU 12199 L ST DCU 19444 3124 CLARKSBURG WY DCU
12200 SHERMAN AVE DCU
As locations are removed, available slots that have already been paid can be utilized for future installations with an updated Exhibit A. Current available slots are 0.
2. Schematic drawing of the attachments to be contracted under this permit are attached. Location of each streetlight shown as a pin by NLC on the map attached. Individual additions, relocations, removals outlined in Specific Modifications section.
Permittee: Pacific Gas and Electric Company Department: SmartMeter Operations Authorizing Name: Ping Zhao Phone: (877) 709-7662
3. City will update contact information for PG&E to receive all Notices, as indicated in the agreement, to the following address.
#18..
- 586 -
PART 2 AUTHORIZATION
PG&E's Address:
Pacific Gas & Electric Company
SmartMeter Operation Center
c/o Patrick Mulshine
1850 Gateway Boulevard Ste 8020B,
Concord, CA 94520-3279
Subject to the terms and conditions of the Agreement, you are hereby authorized to install the attachments described in this Exhibit.
CITY OF Modesto:
BY: Execution Date:
#18..
- 587 -
Exhibit A - PG&E SmartMeter DCU Equipment Schematic
#18..
- 588 -
Exhibit A - PG&E SmartMeter AP & Relay Equipment Schematic #18..
- 589 -
Exhibit A - PG&E SmartMeter Equipment Specific Modifications NLC # Street City Latitude Longitude Device
Type
Ownership Power &
Mounting
Action
12216 4776 Parker Rd Modesto 37.667116 -120.907169 DCU City of Modesto Streetlight Addition #18..
- 590 -
Exhibit A – Map of PG&E SmartMeter Equipment on Modesto City Streetlights #18..
- 591 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 2, 2023
Date: April 4, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Analytical Laboratory Testing Services, Water Division CONTACT: Jeff Daniels, Water Division Manager, [email protected], 209-342-4585 DESCRIPTION:
Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,837,587 over five years. (Funding Source: Water Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the 2020-2025 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
On June 5, 2018, by Council Resolution 2018-201, Council authorized the award of bid to Alpha Analytical Laboratories, Livermore, CA for State Required regulatory analytical laboratory testing for a two-year agreement with three one-year extension options for a total amount not to exceed $1,166,550 over five years.
On June 5, 2018, by Council Resolution 2018-202, Council authorized the award of bid for the furnishing of UCMR4 analytical testing to BSK Associates, Fresno, CA for a total cost not to exceed $79,112 over three years.
State Required Regulatory Analytical Laboratory Testing The Utilities Department, Water Services Division, is required by the State of California Water Resources Control Board (SWRCB) and the United State Environmental Protection Agency (USEPA) to test and monitor for prescribed regulations that limit the amount of certain contaminants in water provided by public water systems, ensuring the water is safe to drink. The scope of work for analytical laboratory testing has increased in the last five years to include testing for lead in all public schools (K-12) served by our water system and sampling for the constituent 1-2-3 Trichloropropane. Additionally, increased costs occur due to annual state inspections of the City’s nine water systems as well as emerging regulations on new contaminates with health #19..
- 592 -
City Council, May 2, 2023
Analytical Laboratory Testing Services, Water Division
concern. The analytical laboratory testing Agreement includes funding for newly adopted testing methods, as well as newly adopted Maximum Contaminant Levels (MCLs) on current regulated contaminants, lowered levels and adopting of new contaminant MCLs.
Fifth Unregulated Contaminant Monitoring Rule (UCMR5) Laboratory Testing The 1996 Safe Drinking Water Act amendments require that once every five years the USEPA issue a new list of no more than 30 unregulated contaminants to be monitored by public water systems. This monitoring study provides a basis for future regulatory actions to protect public health. The Water Services Division must schedule and sample for the specific contaminants issued by the EPA and report those results back to the EPA by the deadline of the study. Samples will be taken on a quarterly basis for one year from 53 different sampling sites.
The bid proposal consisted of two different categories. This first category consisted of routine sampling and all technical specifications that cannot be performed in house by the City’s Laboratory facility and therefore requires contracting to outside certified laboratories.
The second category consists of testing requirements mandated by the EPA for the UCMR5 analytical laboratory testing. Due to the stringent time requirements associated with sampling and completing the analysis, staff required in the Request for Proposal (RFP) addendum that the City will allow the contracted to subcontract UCMR5 analyses (EPA methods 533,200.7) to a certified lab as long as the subcontracted lab is within 150 miles from the City of Modesto, Water Services Division.
DISCUSSION:
On September 13, 2022, the City Manager authorized the Purchasing Manager to solicit the procurement for analytical laboratory testing services. On November 17, 2022, the Purchasing Division issued Invitation for Bid (IFB) 2223-13 for analytical laboratory testing services on the City’s PlanetBids public bidding website under various commodity codes.1 Prospective bidders were notified online and via email of the bid opportunity. Twenty-nine (29) companies downloaded the IFB document from PlanetBids.
On December 20, 2022, bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream. Three (3) chose to respond, one (1) of which was a local vendor.
Based on providing the lowest responsive and responsible bid, City staff recommended to award the analytical laboratory testing services to Alpha Analytical Laboratories, Livermore, CA for a (2) two-year agreement with (3) three one-year extension options, for an estimated annual amount of $322,625 and UCMR5 one-time project# 101481 amount of $103,600, for a total amount not to exceed $1,837,587 over five years.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $50,000 for material, equipment, or contractual services to be formally bid. Based on providing the lowest responsive and responsible bid which conforms to the Modesto Municipal Code, 8-
3.203, City staff recommends the award of bid for analytical laboratory testing services to Alpha Analytical Laboratories, Livermore, CA.
1 90783 – Testing Services, 96148 – Laboratory and Field Testing, 98900 – Sampling and Sample Preparation Services, and 98991 – Water Sampling and Analysis Services #19..
- 593 -
City Council, May 2, 2023
Analytical Laboratory Testing Services, Water Division
FISCAL IMPACT:
Expenditures over the past five years for analytical laboratory testing and UCMR4 laboratory testing are listed in the table below. UCMR is completed every five years per EPA requirements and requires the Water Division to sample for specific contaminants. Sampling for UMCR4 was completed in the previous five-year cycle from 2018-2020. UCMR5 requires a sample collection for chemical contaminants to be completed in four consecutive quarters between 2023-2025.
CONTRACT YEAR EXPENDED
FY 2018/2019 – Sampling/Testing $126,627
FY 2018/2019 – UCMR4 $ 61,541
FY 2019/2020 – Sampling/Testing $184,953
FY 2019/2020 – UCMR4 $ 1,247
FY 2020/2021 – Sampling/Testing $184,345
FY 2021/2022 – Sampling/Testing $197,825
FY 2022/2023 – Sampling/Testing $127,972
Grand Total $884,510
The costs for these services will be covered by FY 2023-24 operating budget for an annual estimated amount of $322,625 for years one and two; an estimated 6% increase will be applied for years three through five based on the current consumer price index (CPI); and a one-time UCMR5 project# 101481 amount of $103,600; for a total amount not to exceed $1,837,587 over five years.
Expenses are budgeted in the Water Fund operating budget, Testing and Sampling Services account: 4100-45055-53335 and UCMR5 Project# 101481.
ANTICIPATED AGREEMENT EXPENDITURES:
Testing & Sampling Services, Acct#: 4100-45055-53335
Sampling/Testing – Annual cost of $322,625 x Year 1 & Year 2 $ 645,250 Sampling/Testing – Annual cost of $322,625 x Year 3 (+ 6% CPI) $ 341,983 Sampling/Testing – Annual cost of $341,983 x Year 4 (+ 6% CPI) $ 362,502 Sampling/Testing – Annual cost of $362,502 x Year 5 (+ 6% CPI) $ 384,252 Testing and Sampling Total: $1,733,987
UCMR5 PROJECT# 101481
UCMR 5 Project – One-time project amount of $103,600 $ 103,600 Total Cost Over Five Years $1,837,587
*Includes a 6% increase based on (CPI)
COMMITTEE RECOMMENDATION:
This item was presented to the Economic Development Committee on April 3, 2023 and was recommended to forward to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA for a two (2) year Agreement with three (3) one- #19..
- 594 -
City Council, May 2, 2023
Analytical Laboratory Testing Services, Water Division
year extension options, for an estimated annual amount of $322,625 with an estimated 6% CPI increase applied for years three through five; and for the Fifth Unregulated Contaminant Monitoring Rule (UCMR5) one-time project# 101481 amount of $103,600, for a total amount not to exceed $1,837,587 over five years, and authorizing the City Manager, or his designee to execute the Agreement.
Approved by:
Will Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Analytical Laboratory Testing Services and UCMR5 Project
2. Agreement
3. Exhibit B Bid Submittal
4. Exhibit C IFB 2223-13
5. Financial Interest Disclosure
6. Cost Abstract
#19..
- 595 -
1 2023-05-02
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-
RESOLUTION APPROVING THE AWARD OF BID AND AGREEMENT FOR
ANALYTICAL LABORATORY TESTING SERVICES TO ALPHA
ANALYTICAL LABORATORIES, LIVERMORE, CA FOR A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE-YEAR EXTENSION OPTIONS, FOR AN ESTIMATED ANNUAL AMOUNT OF $322,625 WITH AN ESTIMATED 6% CPI
INCREASE APPLIED FOR YEARS THREE THROUGH FIVE AND FOR THE FIFTH UNREGULATED CONTAMINANT MONITORING RULE (UCMR5)
ONE-TIME PROJECT (101481) AMOUNT OF $103,600 FOR A TOTAL AMOUNT NOT TO EXCEED $1,837,587 OVER FIVE YEARS, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE
THE AGREEMENT
WHEREAS, the Utilities Department, Water Services Division is required by the State of California Water Resources Control Board (SWRCB) and the USEPA to test and monitor for prescribed regulations that limit the amount of certain contaminants in water provided by public water systems, ensuring that the water is safe to drink, and WHEREAS, in 1996 the Safe Drinking Water Act amendments require that once every five years the EPA issues a list of no more than 30 unregulated contaminants to be monitored by public water systems, and this monitoring study provides a basis for future regulatory actions to protect public health, and
WHEREAS, the Water Services Division must schedule and sample for specific contaminants issued by the EPA and report those results by to the EPA by the deadline of the study, and samples will be taken on a quarterly basis for one year from 53 different sampling sites, and
WHEREAS, on September 13, 2022, the City Manager authorized the Purchasing Manager to solicit procurement for analytical laboratory testing services and on November 17, 2022, the Purchasing Division issued Invitation for Bid (IFB) 2223-13 for analytical laboratory testing services, and
#19..
- 596 -
2 2023-05-02
WHEREAS, on December 20, 2022 bids were formally opened in the City Clerk’s office and broadcast via Microsoft Teams Livestream, and WHEREAS, the Modesto Municipal Code Section 8-3.203 generally requires all purchases more than fifty thousand dollars to follow formal bidding procedures.
However, MMC Section 8-3.204(b) provides that a purchase may be exempted from the City’s formal bidding requirement where the Purchasing Agency’s requirements can be met solely by a single article or process, and
WHEREAS, based on being the lowest responsive and responsible bid, City staff recommended to award the analytical laboratory testing services to Alpha Analytical Laboratories, Livermore, CA for a two (2) year agreement with three (3) one-year extension options.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the award of bid and Agreement for Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a two (2) year agreement with three (3) one-year extension options, for an annual estimated amount of $322,625 with an estimated 6% CPI increase applied for years three through five and for the Fifth Unregulated Contaminant Monitoring Rule (UCMR5) one-time project (101481) amount of $103,600 for a total amount not to exceed $1,837,587 over five years.
BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement or a form approved by the City Attorney. #19..
- 597 -
3 2023-05-02
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 2nd day of May, 2023, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#19..
- 598 -
1 ANNUAL AGREEMENT NO 240508
ANALYTICAL LABORATORY TESTING SERVICES
ALPHA ANALYTICAL LABORATORIES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and Alpha Analytical Laboratories, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2023-______ authorizing the Award of Bid and agreement for the ANALYTICAL LABORATORY TESTING SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ANALYTICAL LABORATORY TESTING SERVICES as described in IFB 2223-13, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
#19..
- 599 -
2 1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $322,625 and for the Fifth Unregulated Contaminant Monitoring Rule (UCMR5) onetime project amount of $103,600. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $1,837,587. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
ITEM # ITEM/DESCRIPTION UOM
Price Per
Each
Project 1 - Continuous Annual Sampling
A1 Anions by Ion Chromatography (300.0) EA $15.00
A2 Arsenic Only (200.8) EA $15.00
A3 Asbestos – TEM EA $300.00
A4 Carbamates (531.1) EA $90.00
A5 Cyanide – F (SM4500) EA $40.00
A6 Diquat (549.2) EA $90.00
A7 EDB/DBCP (504.1) EA $45.00
A8 Endothall (548.1) EA $90.00
A9 Glyphosate (547) EA $90.00
A10 GM/IO/GP (Various) EA $215.00
A11 Gross Alpha Particle Activity (900) EA $60.00
A12 Gross Beta Particle Activity (900) EA $60.00
A13 HAA5 (552.2) EA $70.00
A14 Herbicides (515.3) EA $90.00
#19..
- 600 -
3 A15 Manganese Only (200.8) EA $15.00
A16 Nitrate as N (EPA 300.0 ) EA $15.00
A17 Nitrite as N (EPA 300.0) EA $15.00
A18 Nitrosamines (521) EA $15.00
A19 OCP and PCB (508) EA $90.00
A20 Polynuclear Aromatics (525.2) EA $90.00
A21 TCP SRL 524M-TCP (with 0.7 ppt low detection reported) EA $90.00 A22 Radium 226 (903.0) EA $125.00
A23 Radium 228 (Ra - 05) EA $125.00
A24 Title 22 Metals (200.8) EA $15.00
A25 Total Organic Carbon (SM5310 A-D) EA $40.00
A26 TTHM (524.2) EA $45.00
A27 Uranium (908.1) EA $15.00
A28 VOC (524.2) EA $75.00
A29 PCE/TCE only EA $75.00
A30 Lead and Copper (every 3 years) EA $30.00
A31 Per and Polyfluoroalkyl Substances (EPA 533) EA $325.00 A32 Chromium VI (218.6) EA $45.00
A33 Colilert 18 – P/A EA $14.00
A34 Conductivity (SM2510B) EA $7.00
A35 Colisure – P/A EA $14.00
A36 HPC EA $18.00
A37 MPN EA $18.00
A38 %Brine EA $5.00
A39 TDS (SM2540C) EA $15.00
Training:
At the direction of the CITY, CONTRACTOR shall provide a “Sample Training and Collection Class”. This class shall train new staff and reiterate practices and procedures to existing staff, such as proper methods of taking and completing sample collection, filling out COC’s, CSC’s, various labels, and how to fill bottles. The training shall be a minimum of one (1) hour and held three times per year. The Water Division will schedule the training session.
ITEM # ITEM/DESCRIPTION UOM
Price Per
Each
PROJECT 2 - UCMR5
B1
11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11ClPF3OUdS) (EPA 533) EA $325.00 B2
9-chlorohexadecafluoro-3-oxanonane-1-sulfonic acid (9ClPF3ONS) (EPA 533) EAIncluded with B1 Pricing
B3 4,8-dioxa-3H-perfluorononanoic acid (ADONA) (EPA 533) EA Included with
B1 Pricing
B4
hexafluoropropylene oxide dimer acid (HFPO DA) (EPA
533) EA
Included with
B1 Pricing
B5 nonafluoro-3,6-dioxaheptanoic acid (NFDHA) (EPA 533) EA Included with
B1 Pricing
B6 perfluoro butanoic acid (PFBA) (EPA 533) EA
Included with
B1 Pricing
B7 perfluorobutanesulfonic acid (PFBS) (EPA 533) EA
Included with
B1 Pricing
#19..
- 601 -
4 B8
1H,1H, 2H, 2H-perfluorodecane sulfonic acid (8:2FTS)
(EPA 533) EA
Included with
B1 Pricing
B9 perfluoro decanoic acid (PFDA) (EPA 533) EA
Included with
B1 Pricing
B10 perfluoro dodecanoic acid (PFDoA) (EPA 533) EA
Included with
B1 Pricing
B11
perfluoro(2-ethoxyethane)sulfonic acid (PFEESA) (EPA
533) EA
Included with
B1 Pricing
B12 perfluoroheptanesulfonic acid (PFHpS) (EPA 533) EA
Included with
B1 Pricing
B13 perfluoro heptanoic acid (PFHpA) (EPA 533) EA
Included with
B1 Pricing
B14
1H,1H, 2H, 2H-perfluorohexane sulfonic acid (4:2FTS)
(EPA 533) EA
Included with
B1 Pricing
B15 perfluorohexanesulfonic acid (PFHxS) (EPA 533) EA
Included with
B1 Pricing
B16 perfluoro hexanoic acid (PFHxA) (EPA 533) EA
Included with
B1 Pricing
B17 perfluoro-3-methoxypropanoic acid (PFMPA) (EPA 533) EA Included with
B1 Pricing
B18 perfluoro-4-methoxybutanoic acid (PFMBA) (EPA 533) EA Included with
B1 Pricing
B19 perfluoro nonanoic acid (PFNA) (EPA 533) EA
Included with
B1 Pricing
B20
1H,1H, 2H, 2H-perfluorooctane sulfonic acid (6:2FTS)
(EPA 533) EA
Included with
B1 Pricing
B21 perfluorooctanesulfonic acid (PFOS) (EPA 533) EA
Included with
B1 Pricing
B22 perfluorooctanoic acid (PFOA) (EPA 533) EA
Included with
B1 Pricing
B23 perfluoropentanoic acid (PFPeA) (EPA 533) EA
Included with
B1 Pricing
B24 perfluoropentanesulfonic acid (PFPeS) (EPA 533) EA
Included with
B1 Pricing
B25 perfluoro undecanoic acid (PFUnA) (EPA 533) EA
Included with
B1 Pricing
B26
N-ethyl perfluorooctanesulfonamidoacetic acid
(NEtFOSAA) (EPA 537.1) EA
Included with
B1 Pricing
B27
N-methyl perfluorooctanesulfonamidoacetic acid
(NMeFOSAA) (EPA 537.1) EA
Included with
B1 Pricing
B28 perfluorotetradecanoic acid (PFTA) (EPA 537.1) EA
Included with
B1 Pricing
B29 perfluoro tridecanoic acid (PFTrDA) (EPA 537.1) EA
Included with
B1 Pricing
B30 Lithium (EPA 200.7) EA $45.00
Expedited Fee’s Percentage
24 - Hour 100%
48 - Hour 75%
72 - Hour 50%
4 - Day 35%
5 - Day 25%
6 - Day 20%
7 - Day 15%
8 - Day 10%
#19..
- 602 -
5 9 - Day 5%
Training:
At the direction of the CITY, CONTRACTOR shall provide a “Sample Training and Collection Class”. This class shall train staff proper methods of taking and completing sample collection, filling out COCs, various labels, and how to fill bottles part of UCMR5. The training shall be a minimum of one (1) hour. The Water Division will schedule the training of UCMR5 sampling session.
2. CITY REPRESENTATIVE:
CITY Representative is: Manuel Martinez, Superintendent [email protected] (209) 342-4592 Purchasing Division Contact: Carol Wattle, Buyer [email protected] (209) 577-5406 The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
3. CONTRACTOR REPRESENTATIVE:
CONTRACTOR: Robbie Phillips, President [email protected] or 925-828-6226
4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: June 11, 2023 through June 10, 2024
Year 2: June 11, 2024 through June 10, 2025
Year 3: June 11, 2025 through June 10, 2026
Year 4: June 11, 2026 through June 10, 2027
Year 5: June 11, 2027 through June 10, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases #19..
- 603 -
6 shall be submitted by CONTRACTOR in writing, ninety (90) days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY via PINS Advantage Insurance Program, for all of the following stated insurance policies. a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a #19..
- 604 -
7 new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.
The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR “Net 30 terms via CITY’s ePay #19..
- 605 -
8 Program”. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
This AGREEMENT number - 240508
CITY department/division name and address
Billing period
Service hours worked day and week
Unit price, extended price, sales tax, and total
7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California #19..
- 606 -
9 This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-_______;
b. Exhibit B CONTRACTOR Bid submittal;
c. Exhibit C IFB No. 2223-13;
d. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance under the Agreement, either in whole or in part, at its own discretion and without cause.
Post-Termination Procedure
#19..
- 607 -
10 Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
#19..
- 608 -
11 i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
#19..
- 609 -
12 b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days. #19..
- 610 -
13 17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: Alpha Analytical Laboratories, Inc.
262 Rickebacker Circle
Livermore, CA 94551
Attn: Robbie Phillips
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
19. QUANTITIES: No minimum or maximum is guaranteed or implied.
20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply. #19..
- 611 -
14 22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements #19..
- 612 -
15 promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use.
25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with #19..
- 613 -
16 Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit 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 #19..
- 614 -
17 provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
33. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____ day of _____________________, 2023 and Alpha Analytical Laboratories has caused this Agreement to be duly executed.
#19..
- 615 -
#19..
- 616 -
#19..
- 617 -
#19..
- 618 -
#19..
- 619 -
#19..
- 620 -
#19..
- 621 -
#19..
- 622 -
#19..
- 623 -
#19..
- 624 -
#19..
- 625 -
#19..
- 626 -
#19..
- 627 -
#19..
- 628 -
#19..
- 629 -
#19..
- 630 -
#19..
- 631 -
#19..
- 632 -
#19..
- 633 -
#19..
- 634 -
#19..
- 635 -
#19..
- 636 -
#19..
- 637 -
#19..
- 638 -
#19..
- 639 -
#19..
- 640 -
#19..
- 641 -
#19..
- 642 -
#19..
- 643 -
#19..
- 644 -
#19..
- 645 -
#19..
- 646 -
#19..
- 647 -
#19..
- 648 -
#19..
- 649 -
#19..
- 650 -
#19..
- 651 -
#19..
- 652 -
#19..
- 653 -
#19..
- 654 -
#19..
- 655 -
#19..
- 656 -
#19..
- 657 -
#19..
- 658 -
#19..
- 659 -
#19..
- 660 -
#19..
- 661 -
#19..
- 662 -
#19..
- 663 -
#19..
- 664 -
#19..
- 665 -
#19..
- 666 -
#19..
- 667 -
#19..
- 668 -
#19..
- 669 -
#19..
- 670 -
#19..
- 671 -
#19..
- 672 -
#19..
- 673 -
#19..
- 674 -
#19..
- 675 -
#19..
- 676 -
#19..
- 677 -
#19..
- 678 -
#19..
- 679 -
#19..
- 680 -
#19..
- 681 -
#19..
- 682 -
#19..
- 683 -
#19..
- 684 -
#19..
- 685 -
#19..
- 686 -
1 INVITATION FOR BIDS (“IFB”) NO. 2223-13
FOR
ANALYTICAL LABORATORY TESTING SERVICES
BID OPENING: December 20, 2022 at 11:00 A.M.
CITY OF MODESTO CONTACT: Carol Wattle, Buyer
E-MAIL ADDRESS: [email protected]
#19..
- 687 -
2 TABLE OF CONTENTS
Page
. Notice to Bidders............................................................................................................. 3-4 . Calendar of Events............................................................................................................. 5 . City Contacts...................................................................................................................... 5 . Precedence.......................................................................................................................... 5 . Virtual Opening.................................................................................................................. 6
GENERAL REQUIREMENTS
. Bid Submittal...................................................................................................................... 7 . Acceptance/Rejection of Irregular Bids............................................................................. 7 . Complete Bid Document................................................................................................. 7-8 . Compliance/Non-Compliance............................................................................................ 8 . Proposed Pricing Format.................................................................................................... 8 . Award of Bid................................................................................................................... 8-9 . Protest and Appeal Procedures....................................................................................10-14 . Bid Submittal Checklist ................................................................................................... 15 REQUIRED BID SUBMISSION DOCUMENTS (Sign Wherever Indicated) . Bid Form A – IFB Acknowledgement…………………………………….………. 16-18 . Bid Form B – Bidder Company Information ………………………………………19-20 . Bid Form C - Pricing Schedule …………………………………………………… 21-24 . Bid Form D – Bidder Exceptions, Clarifications, Amendments ……………………… 25 . Bid Form E – Bidder Customer References ………………………………………..26-27 . Bid Form F - Financial Interest Disclosure ……………………………………….. 28-29 . Bid Form G – Local Business Preference Declaration................................................... 30 . Bid Form H – Bidder Company History Statement ....................................................... 31 . Bid Form I - Addenda Acknowledgement....................................................................... 32 . Bid Form J – Bidder Warranty Statements...................................................................... 33 . Bid Form K – Bidder Experience and Certifications..................................................34-35 . Bid Form L - Subcontractors List .................................................................................... 36
TECHNICAL REQUIREMENTS
. Scope of Work Project 1 Continuous Annual Sampling............................................37-41 . Scope of Work Project 2 UCMR5 Sampling..............................................................42-46 . Required Licenses............................................................................................................ 46 . Sample Annual Agreement ……………………………………………………….. 47-61 #19..
- 688 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
3 NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN that the City of Modesto, County of Stanislaus, State of California (“City”), will receive at the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 sealed Bids (each, a “Bid”) from qualified Bidders (each, a “Bidder”) for the furnishing of analytical laboratory testing services (the “Services”) for the City of Modesto, Utilities Department, Wastewater Division.
All equipment, materials, and supplies shall be furnished F.O.B. City of Modesto (delivery charges borne by Bidder, included in the Services pricing herein, and not separately charged to the City).
Bidders are highly recommended to download all IFB documents from the City’s Purchasing Division website at http://www.modestogov.com/257/Contracting-Bid-Opportunities; such IFB documents shall include all specifications necessary for Bidders to submit a responsive Bid..
Each Bid shall be sealed and filed with the City Clerk’s office, 1010 Tenth Street, Suite 6600, Modesto, CA 95354 prior to, Tuesday, December 20, 2022 at 11:00 A.M., at 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 at the address shown above, and prior to the time indicated. Any Bid received at or after said time and/or date, or at a place other than the stated address cannot be considered and will be returned to the Bidder unopened.
All Bids, whether delivered by an employee of the Bidder, U.S. Postal Service, courier, or package delivery service must be received and time stamped at the stated address prior to the time designated.
The City Clerk’s time stamp shall be considered the official timepiece for the purpose of establishing the actual receipt of Bids. Bids will not be accepted by email or facsimile. The City of Modesto assumes no responsibility for delay in the delivery of the Bid. #19..
- 689 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
4 On the outside of the Bid envelope and courier envelope, if any, the Bidder shall indicate the following:
“NAME AND ADDRESS OF BIDDER
BID IN RESPONSE TO INVITATION FOR BIDS # 2223-13
BID OPENING DATE: DECEMBER 20, 2022 AT 11:00 A.M.”
Bidder must deliver your Bid by a preferred method to the appropriate location below:
MAIL TO: CITY CLERK DELIVER/ COURIER TO: CITY CLERK
CITY OF MODESTO CITY OF MODESTO
P.O. BOX 642 1010 10TH STREET,
SUITE 6600, MODESTO, CA 95353 MODESTO, CA 95354
The City reserves the right to reject any or all Bids or to waive any informalities or minor irregularities in a Bid.
No Bidder may withdraw its Bid for a period of 90 days after the date set for the opening thereof. #19..
- 690 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
5 CALENDAR OF EVENTS
Event Date
IFB Issued November 17, 2022
Written Questions Due via Email November 29, 2022
Addendum Issued (if required) December 6, 2022 (approximate date) Bid Due Date & Time PRIOR 11:00 A.M. on Tuesday, December 20, 2022 Agreement Award Approximately May 2023
CITY CONTACT
All questions regarding these specifications, terms, and conditions shall be submitted in writing via email to the City’s Purchasing Division contact named on the cover page of this IFB (“City Contact”) by the date listed in the CALENDAR OF EVENTS above. The City will respond to pertinent questions through issuance of an Addendum to be available to all Bidders. 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 un-intentionally provided by any person other than the City Contact may not be correct and will not be binding upon the City.
BIDDER FAMILIARITY WITH SERVICE CONDITIONS
It is the responsibility of each Bidder to become familiar with all of the specifications, terms and conditions and the site condition (if applicable). The Bidder agrees to and acknowledges all IFB specifications, terms, and conditions and indicates the ability to perform by submission of a Bid. By the submission of a Bid, the Bidder certifies that if awarded a contract it will make no claim against the City based upon ignorance of conditions or misunderstanding of the specifications.
PRECEDENCE
Bidder agrees that any agreement resulting from City’s acceptance of its Bid, together with the terms in any City purchase order and associated specifications provided by the City to Bidder therewith, shall comprise the entire agreement between City and Bidder. Moreover, Bidder agrees that any additional or contrary terms contained in Bidder’s acknowledgement of, shall be null and void. #19..
- 691 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
6 VIRTUAL BID OPENING
The City of Modesto will be broadcasting Bid openings live electronically via Microsoft Teams at 11:00 a.m. (Pacific Time) on Tuesday, December 20, 2022 the City Clerk Record of Bid document should be available on Planet Bids by the end of the same day.
The public Bid opening for this Invitation for Bids will be available using the URL link containing the Number and Title of the Bid on the cover page, provided below. By submitting your Bid for the abovestated IFB you acknowledge, understand, and agree to this modified Bid opening procedure.
URL: https://teams.microsoft.com/l/meetup
join/19%3ameeting_NTI0YzBiMDMtNDQ0Yi00YjNlLWIwZjYtYzg4ZDVjMDdkM2Mz%40thread.v2 /0?context=%7b%22Tid%22%3a%22125ccacf-fc61-463c-9976-
189f876ff90b%22%2c%22Oid%22%3a%229715c333-c997-4dd7-8984-12cd4deaa705%22%7d Join Microsoft Teams Meeting (Click here to join the meeting) • +1 (469)-998-7409
• Conference ID: 961 656 049#
Should you have any questions regarding this, please do not hesitate to contact the Purchasing Department Contact listed on the Cover Page.
#19..
- 692 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
7 GENERAL BID REQUIREMENTS
A. BID SUBMITTAL: Bidders should submit two “inked” (preferably blue ink) signed original Bid document, plus one copy of the signed original Bid document, and one electronic copy submitted via USB. The original Bid document shall be clearly marked. Photocopies do not constitute an original Bid. FAILURE TO FURNISH AT LEAST TWO “INKED” SIGNED ORIGINAL BID DOCUMENT MAY RESULT IN DISQUALIFICATION.
B. 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.
C. BIDDER COSTS INCURRED IN RESPONDING TO IFB: All costs associated with the preparation and submission of a Bid shall be borne by the Bidder.
D. BIDDER EXCEPTIONS: All exceptions taken to this IFB, and associated specifications shall be specifically and clearly identified on Exceptions, Clarifications and Amendments form.
Failure to comply with this provision may deem the Bid as non-responsive. Please review the Sample Agreement and make note on the Exceptions, Clarifications, and Amendments form for any changes. Exceptions taken shall not affect the overall performance and quality of equipment, materials and/or provision of Services required by the City. The Purchasing Manager or designated agent shall make the final decision regarding the acceptability of equipment, materials and/or provision of Services with exceptions.
E. 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.
F. COMPLETE BID DOCUMENT: The following forms constitute the makeup of a complete Bid document and shall be signed wherever indicated and submitted to the City in the order listed ):
• Bid Form A - IFB Acknowledgement
• Bid Form B – Bidder Company Information
• Bid Form C - Pricing Schedule
• Bid Form D – Bidder Exceptions, Clarifications, Amendments • Bid Form E – Bidder Customer References
• Bid Form F - Financial Interest Disclosure
• Bid Form G – Local Business Preference Declaration
• Bid Form H – Bidder Company History Statement
#19..
- 693 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
8 • Bid Form I - Addenda Acknowledgement Page (if applicable) • Bid Form J – Bidder Warranty Statements
• Bid Form K– Bidder Experience and Certifications
• Bid Form L - Subcontractor List
Failure to furnish any of these documents may result in disqualification.
G. COMPLIANCE/NON-COMPLIANCE: If Bidder cannot comply with a specification requirement in this IFB, note on the Exception, Clarifications, Amendments form of the specification paragraph, your exception, and your recommendation. The Purchasing Manager will evaluate your recommendation. If after evaluation it is determined that the Bidder is not in compliance with the specification, the Bid may be rejected.
H. PROPOSED PRICING FORMAT:
• The cost of labor, equipment, fuel, licenses, bonds, permits, and insurance necessary to perform the required provision of Services shall be included in Bid pricing, along with Bidder’s profit margin and any other cost factors.
• Unless otherwise stated, the Bidder agrees that, in the event of a price decline, the benefit of such lower pricing shall be extended to the City.
• The City of Modesto shall not pay mileage charges or travel time from the Contractor’s place of business to the job site, or from site to site, or for the Contractor’s travel time to pick up materials.
• Bidder shall use the pricing schedule provided in this IFB to present Bid pricing. No other form or format shall be accepted. Bid must be submitted on the Pricing Schedule provided. No alterations may be made to the pricing schedule. Any exceptions, amendments or adjustments should be noted on the Exception, Clarification, Amendments Form.
I. AWARD OF BID:
• The City reserves the right to award by group(s) of items, or all items. Along with price, determination for award shall be based on the following criteria:
O References
O Certifications
O Supporting Documents
• The City may award one or more agreements to one or more Bidder in order to provide for backup, or in case the “primary” contractor is unable to meet the City’s needs. #19..
- 694 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
9 • The City reserves the right to decline to award any agreement if it is determined that the proposed pricing is not competitively priced based on similar agreements with public agencies within the State of California or if the bids received fail to meet the City’s requirements.
• The City reserves the right to select that Bid, which best suits the City’s needs. In addition to price, consideration will be given to the quality and performance of the service to be purchased, and the criteria listed in Modesto Municipal Code Section 8-
3.203(f). Regardless of City staff’s recommendation, the City Council reserves the right to award an agreement to the Bidder that best suits the City’s needs as determined by the City Council whether or not said award is consistent with City staff’s recommendation for award.
J. LOCAL BUSINESS PREFERENCE DECLARATION: 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.
K. INDEMNITY: The successful Bidder (the “Contractor”) will be required to hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgements or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of the Contractor, its agents, officers, employees, and volunteers relating to or during the performance of its obligations under this Bid. Contractor’s obligation to defend, indemnify, and hold the city, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement for Contractor to procure and maintain a policy of insurance. With reference to the foregoing, the parties agree that all risk of loss, including but not limited to damages, property losses and defense of third-party suits, arising out of or relation to the operation of City-owned vehicles by Contractor’s employees will be apportioned to Contractor in accordance with the provisions contained in indemnity.
#19..
- 695 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
10 L. BIDDER REPRESENTATION: Bidder represents that:
• Bidder has had an opportunity to examine and has examined any and all of the documents, including specifications, any resultant contract and supporting data, and that it has, from the information contained in such documents, specifications, and data, fully acquainted itself with all conditions relevant to the work. • Bidder has made all reasonable investigations essential to a full understanding of the difficulties, which may be encountered in performing the work. • Bidder will complete the proposed provision of Services for the compensation stated in any resultant agreement.
• Bidder assumes full and complete responsibility for all conditions relevant to the proposed provision of Services and all risks in connection therewith. • Bidder represents that it is fully qualified to perform the proposed provision of Services in accordance with the terms of any resultant agreement within the time specified therein.
M. BID PROTEST AND APPEAL PROCEDURES: Bidders wishing to protest or appeal a contract award decision by the City of Modesto must follow the procedures provided in this section. Protests or appeals which are not submitted in accordance with these procedures will not be reviewed.
Definitions
For the purposes of these procedures: "Days" means working days in which City Hall is open for business, excluding holidays and weekends.
"Bid" includes the term "offer" or "proposal" as used in the context of formal, informal, or negotiated procurements.
"Announced Decision" includes the term “Notice of Intent to Award Letter”. Once the City has issued an Announced Decision, the date noted will begin the time that a Bidder may lodge a protest.
Protest Procedures
• Only a Bidder who has actually submitted a Bid is eligible to submit a protest against the City’s Announced Decision.
• Subcontractors are not eligible to submit bid protests. #19..
- 696 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
11 • A Bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
• A written protest to an Announced Decision must be made to the City of Modesto's Director of Finance no later than ten days after the date of the Announced Decision. • The protest shall be delivered or sent by registered mail and received by the City by the deadline, or protest will be automatically rejected. Protestors who choose to be represented by legal counsel are responsible for the associated expenses. • The protest shall be accompanied by a certified or cashier's check in the amount of $300.00, (except for protests of Federally Funded agreements), made payable to the Clerk of the City of Modesto. Protests filed without the requisite fee will be rejected without any additional review.
• The protest filed with the Director of Finance shall:
a. Include the name, address, email address and business telephone number of the protestor;
b. Identify the 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:
City Clerk’s Office
Attn: Purchasing Manager
#19..
- 697 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
12 1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Director of Finance
PO Box 642
Modesto CA 95353
b. Appeal to Deputy City Manager: At the protestor’s discretion, the decision of the Director of Finance may be appealed in writing to the City of Modesto's Deputy City Manager(s) no later than ten days after the date of the Director of Finance’s Decision. The scope of the appeal shall be limited by the issues raised in the initial protest to the Director of Finance. The Deputy City Manager shall not be permitted to review any newly raised issues. The Deputy City Manager shall review the appeal, accompanying supporting documents, if any and the written records of the protest review by the Director of Finance. A written record of the Deputy City Manager's review shall be created and maintained. The Deputy City Manager shall give notice of their decision to the protestor within ten days after receipt of appeal.
Further protest appeals shall either be delivered to:
City Clerk’s Office
Attn: Deputy City Manager
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: Deputy City Manager
PO Box 642
Modesto CA 95353
d. Appeal to City Council: Any protestor seeking to appeal to the decision of the Deputy City Manager may appeal in writing to the City Council by filing with the City Clerk a written notice of such appeal not later than 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 #19..
- 698 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
13 in Modesto Municipal Code Sections 1-4.01 through 1-4.05. The City Council’s decision on the appeal shall be final.
All protest appeals to the City Council shall either be delivered to:
City Clerk’s Office
Attn: City Council
1010 Tenth St. Suite 6600
Modesto CA 95354
Or mailed to:
City Clerk’s Office
Attn: City Council
PO Box 642
Modesto CA 95353
e. Optional Alternative Process for Protests of Procurement Actions Exceeding $250,000: A Bidder protesting procurements exceeding $250,000 shall comply with the procedures contained herein, except that in lieu of appeal to the Deputy City Manager a protestor may request that the protest be heard and decided at an administrative hearing.
A written request for administrative hearing shall be accompanied by a certified or cashier's check in the amount of $1,500, (except for protests of Federally Funded projects); The request for hearing shall include the specific grounds of the appeal.
The City of Modesto shall select and engage an impartial and qualified person to act as hearing officer in the pending protest. The protestor shall have the right to twice reject the selected hearing officer, provided that the City is notified of such rejection within three days of notice to protestor of the name of the hearing officer.
The protest shall be heard not later than twenty days after receipt of protestor's request for hearing and the selection of a hearing officer. Protests not made in a timely manner shall be deemed withdrawn unless the City and the protestor mutually agree otherwise in writing. The protestor’s failure to accept a hearing officer after the third attempt by City staff to identify an impartial hearing officer shall be deemed a withdrawal of the protest.
#19..
- 699 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
14 The costs of the hearing officer and expenses of the protest shall be borne by the protestor. The sums deposited with the request for hearing shall be credited to the costs of the hearing officer and other hearing expenses. f. Mandatory Alternative Process for Protests of Procurements Obtained with Federal Funds: If the protested procurement involves federal funds, the Deputy City Manager, City Council, or hearing officer shall give notice, accompanying their respective decisions, to the protestor that he or she has the right to appeal to the appropriate federal agency, for which an agency name, contact (where available) and address shall be provided by City staff. Such an appeal shall be filed with the appropriate agency within seven business days of the dispatch or rejection notices to the protestor. Federal agencies may entertain protests alleging that the City has failed to adopt written protest procedures or has failed to follow such procedures. The City Council is the highest authority of the City of Modesto, and its decisions are final. A disappointed Bidder for a contract involving expenditures of Federal funds shall have the right to appeal the City Council decision directly to the federal agency as described herein. #19..
- 700 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
15 BID SUBMITTAL CHECKLIST
BID SUBMITTAL CHECKLIST
The Bidder shall provide a complete Bid in a sealed envelope by the required deadline on the Bid Opening Date. Failure to provide all the required documents may cause the Bid to be considered nonresponsive.
Bidder’s Bid must contain the following applicable elements completed and signed as described morefully herein. The following checklist is provided solely for Bidder’s use in reviewing the completeness of your submission:
COMPLETE BID ELEMENTS
Bid Form A – IFB Acknowledgement
Bid Form B – Bidder Company Information
Bid Form C - Pricing Schedule
Bid Form D – Bidder Exceptions, Clarifications, Amendments Bid Form E – Bidder Customer References
Bid Form F - Financial Interest Disclosure
Bid Form G – Local Business Preference Declaration
Bid Form H – Bidder Company History Statement
Bid Form I - Addenda Acknowledgement
Bid Form J – Bidder Warranty Statements
Bid Form K – Bidder Experience and Certifications
Bid Form L - Subcontractor List
Bidder’s submission should include all City of Modesto forms. If any form is not applicable, Bidder should write or type “Not Applicable” on it but still include the form in your submission. #19..
- 701 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
16 BID FORM A - IFB ACKNOWLEDGEMENT
The City is soliciting Bids from qualified firms (each a “Bidder” to fulfill the City’s requirements per the specifications, terms and conditions contained in this Invitation for Bids (“Invitation for Bids” or “IFB”).
This Bid Acknowledgement must be completed, signed by an authorized responsible officer or employee, dated, and submitted with the Bid response. Obligations assumed by such signature will include the following:
1. Preparation of Bids: (a) All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent and must be initialed in ink by person signing the Bid. (b) Quote price as specified in Bid. No alterations or changes of any kind shall be permitted to the Bid Form. Responses that do not comply shall be subject to rejection in total.
2. Failure to Submit Bid: If you are not submitting a Bid but want to remain on the mailing list and receive future Bids, complete, sign and return this Bid Acknowledgement and state the reason you are not pricing.
3. Taxes and Freight Charges: (a) Unless otherwise required and specified in the IFB, the prices quoted herein do not include Sales, Use or other taxes. (b) No charge for delivery, drayage, express, parcel post packing, cartage, insurance, license fees, permits, costs of bonds, or for any other purpose, except taxes legally payable by City, will be paid by the City unless expressly included and itemized in the Bid. (c) Amount paid for transportation of property to the City is exempt from Federal Transportation Tax. An exemption certificate is not required where the shipping paper shows the consignee as one (1) of the City; as such papers may be accepted by the carrier as proof of the exempt character of the shipment. (d) Articles sold to the City are exempt from certain Federal excise taxes. The City will furnish an exemption certificate.
4. Award: (a) Unless otherwise specified by the Bidder or the IFB gives notice of an all-or-none award, the City may accept any item or group of items of any Bid. (b) Bids are subject to acceptance by the City at any time within 45 days of opening, unless otherwise specified in the IFB. A Bidder shall not change its bid if accepted within such time. (c) A valid, 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.
5. Patent Indemnity: Bidders who do business with the City shall hold the City, its officers, agents, and employees, harmless from liability of any nature or kind, including cost and expenses, for infringement or use of any patent, copyright or other proprietary right, secret process, patented or un- #19..
- 702 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
17 patented invention, article or appliance furnished or used in connection with the contract or purchase order.
6. Samples: Samples of items, when required, shall be furnished free of expense to the City and if not destroyed by test may upon request (made when the sample is furnished), be returned at the Bidder’s expense.
7. Rights and Remedies of City for Default: (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.
8. Payment Terms and Methods: Bidder will be able to choose from either of the following payment methods and associated timings:
(a) Option A (Preferred): City of Modesto ePay Payment: This secure payment methodology is preferred by an increasing number of the City’s suppliers. On Net 30-day timing, you will receive a single-use Master Card number with a detailed remittance for each payment. You will process the payment though your POS/Card terminal. The payment remittance will be sent from [email protected] via email and will contain the following information:
• 16-digit credit card number
• Expiration date
• Security code
• Total dollar amount of invoices to be paid
• Invoices reference numbers and corresponding amounts
ePay results in small percentage rebate of 1.0% to the City through the card issuer. That rebate amount will be considered by the City in its evaluation of Bidder’s pricing proposal hereunder. #19..
- 703 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
18 Information about enrolling in MasterCard ePay program can be obtained from the City’s contact listed on the Cover Page of this IFB.
(b) Option B – Manual Check: On Net 45 Day timing, the City will mail a hardcopy check to Bidder. The payment will be deemed to have been made when the check envelope is mailed via US Postal Service First Class Mail. The timing of the mailing will be at the end of the Net 45 Day period. Additional time should be estimated by the Bidder for the check to be in transit, and to await deposit and clearance by Bidder staff.
9. California Government Code Section 4552: In submitting a Bid to the City, the Bidder offers and agrees that if the Bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of Services, materials, or services by the Bidder for sale to the purchasing body pursuant to the Bid. Such assignment shall be made and become effective at the time the purchasing body tender’s final payment to the Bidder.
10. No Guarantee or Warranty: The City makes no guarantee or warranty as to the condition, completeness or safety of any material or equipment that may be traded under a contract or purchase order resulting from this Bid.
11. Two “Inked” Signed Original Bids Document Required: Failure to furnish two “inked” signed original Bid document may result in disqualification. These must be accompanied by one copy and one electronic document recorded onto a USB storage device.
12. Minor Irregularities. The City reserves the right, in its sole discretion, to waive any informalities or minor irregularities in a Bid.
The undersigned acknowledges receipt of the referenced IFB and/or Addenda and offers and agrees to furnish the articles and/or services specified on behalf of the Bidder indicated in Bidder’s Bid Forms A through L, attached hereto, and made a part hereof, for the pricing proposed on the Pricing Schedule.
Bidder Company Name:
Bidder Headquarters Address:
City/State/Zip:
Signature/Title/Date:
#19..
- 704 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
19 BID FORM B – BIDDER COMPANY INFORMATION
A. Bidder Company Full
Legal Name
B. Bidder Company
Marketplace (or DBA)
Name
C. Type of Legal Entity: ___ Corporation, registered in ____________________ (State) ___ Limited Liability Company, registered in _________________(State) ___ Partnership, registered in ________________(State)
___ Sole Proprietorship, registered in ____________(State) ___ Other ___________________________________________(Describe) D. Headquarters Address
(Street Address, City,
State, Country, Postal
Code):
E. Website Address: www.___________
F. Contact Person Details: Name:
Title:
Phone (Office):
Phone (Mobile):
Mailing Address (Street Address, City, State, Postal Code):
Fax Number:
Email:
G. Federal Taxpayer
Identification Number
(TIN):
H. Dun & Bradstreet
(DUNS) Number:
I. Names and Titles of
Top Three Bidder
Officers:
J. Years in Business:
K. Bidder Office Address
Closest to City of
Modesto (Street
Address, City, State,
Country, Postal Code):
L. City of Modesto
Business License
Number (note –
#19..
- 705 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
20 provide only if
available now - - but
not required until any
contract begins):
#19..
- 706 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
21 BID FORM C - PRICING SCHEDULE
All labor, materials, equipment, tools, fuel, licenses, bonds, insurance, and other expenses necessary for Bidder to perform the required services 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 Bid Form D – Bidder Exceptions, Clarifications, 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. ** PROJECT 1 – CONTINUOUS ANNUAL SAMPLING
Item
No. Description- (Method)
Estimated
Annual
Quantity
Unit of
Issue Unit Price Extended Price
A1 Anions by Ion Chromatography (300.0) 80 EACH $ $
A2 Arsenic Only (200.8) 300 EACH $ $
A3 Asbestos – TEM 10 EACH $ $
A4 Carbamates (531.1) 10 EACH $ $
A5 Cyanide – F (SM4500) 5 EACH $ $
A6 Diquat (549.2) 5 EACH $ $
A7 EDB/DBCP (504.1) 400 EACH $ $
A8 Endothall (548.1) 5 EACH $ $
A9 Glyphosate (547) 5 EACH $ $
A10 GM/IO/GP (Various) 200 EACH $ $
A11 Gross Alpha Particle Activity (900) 10 EACH $ $
A12 Gross Beta Particle Activity (900) 10 EACH $ $
A13 HAA5 (552.2) 150 EACH $ $
A14 Herbicides (515.3) 5 EACH $ $
A15 Manganese Only (200.8) 80 EACH $ $
A16 Nitrate as N (EPA 300.0 ) 2,000 EACH $ $
A17 Nitrite as N (EPA 300.0) 80 EACH $ $
#19..
- 707 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
22 A18 Nitrosamines (521) 10 EACH $ $
A19 OCP and PCB (508) 10 EACH $ $
A20 Polynuclear Aromatics (525.2) 10 EACH $ $
A21
TCP SRL 524M-TCP (with 0.7 ppt low
detection reported) 600 EACH $ $
A22 Radium 226 (903.0) 15 EACH $ $
A23 Radium 228 (Ra - 05) 15 EACH $ $
A24 Title 22 Metals (200.8) 30 EACH $ $
A25 Total Organic Carbon (SM5310 A-D) 10 EACH $ $
A26 TTHM (524.2) 150 EACH $ $
A27 Uranium (908.1) 600 EACH $ $
A28 VOC (524.2) 150 EACH $ $
A29 PCE/TCE only 10 EACH $ $
A30 Lead and Copper (every 3 years) 350 EACH $ $
A31
Per and Polyfluoroalkyl Substances (EPA
533) 15 EACH $ $
A32 Chromium VI (218.6) 10 EACH $ $
A33 Colilert 18 – P/A 5,000 EACH $ $
A34 Conductivity (SM2510B) 300 EACH $ $
A35 Colisure – P/A 50 EACH $ $
A36 HPC 1,000 EACH $ $
A37 MPN 100 EACH $ $
A38 %Brine 40 EACH $ $
A39 TDS (SM2540C) 600 EACH $ $
ePay 1% Rebate (See Bid Form A for this option) $ -( )
Project 1 Total Items A1 – A39: $
#19..
- 708 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
23 PROJECT 2 – UCMR5
Item
No. Description- (Method)
Estimated
Project
Quantity
Unit of
Issue Unit Price Extended Price
B1
11-chloroeicosafluoro-3-oxaundecane-1-
sulfonic acid (11Cl-PF3OUdS) (EPA 533) 280 EACH $ $
B2
9-chlorohexadecafluoro-3-oxanonane-1-
sulfonic acid (9Cl-PF3ONS) (EPA 533) 280 EACH $ $
B3
4,8-dioxa-3H-perfluorononanoic acid
(ADONA) (EPA 533) 280 EACH $ $
B4
hexafluoropropylene oxide dimer acid (HFPO
DA) (EPA 533) 280 EACH $ $
B5
nonafluoro-3,6-dioxaheptanoic acid (NFDHA)
(EPA 533) 280 EACH $ $
B6 perfluoro butanoic acid (PFBA) (EPA 533) 280 EACH $ $ B7
perfluorobutanesulfonic acid (PFBS) (EPA
533) 280 EACH $ $
B8
1H,1H, 2H, 2H-perfluorodecane sulfonic acid
(8:2FTS) (EPA 533) 280 EACH $ $
B9 perfluoro decanoic acid (PFDA) (EPA 533) 280 EACH $ $ B10
perfluoro dodecanoic acid (PFDoA) (EPA
533) 280 EACH $ $
B11
perfluoro(2-ethoxyethane)sulfonic acid
(PFEESA) (EPA 533) 280 EACH $ $
B12
perfluoroheptanesulfonic acid (PFHpS) (EPA
533) 280 EACH $ $
B13 perfluoro heptanoic acid (PFHpA) (EPA 533) 280 EACH $ $ B14
1H,1H, 2H, 2H-perfluorohexane sulfonic acid
(4:2FTS) (EPA 533) 280 EACH $ $
B15
perfluorohexanesulfonic acid (PFHxS) (EPA
533) 280 EACH $ $
B16 perfluoro hexanoic acid (PFHxA) (EPA 533) 280 EACH $ $ B17
perfluoro-3-methoxypropanoic acid (PFMPA)
(EPA 533) 280 EACH $ $
B18
perfluoro-4-methoxybutanoic acid (PFMBA)
(EPA 533) 280 EACH $ $
B19 perfluoro nonanoic acid (PFNA) (EPA 533) 280 EACH $ $ B20
1H,1H, 2H, 2H-perfluorooctane sulfonic acid
(6:2FTS) (EPA 533) 280 EACH $ $
B21
perfluorooctanesulfonic acid (PFOS) (EPA
533) 280 EACH $ $
B22 perfluorooctanoic acid (PFOA) (EPA 533) 280 EACH $ $ #19..
- 709 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
24 B23 perfluoropentanoic acid (PFPeA) (EPA 533) 280 EACH $ $ B24
perfluoropentanesulfonic acid (PFPeS) (EPA
533) 280 EACH $ $
B25
perfluoro undecanoic acid (PFUnA) (EPA
533) 280 EACH $ $
B26
N-ethyl perfluorooctanesulfonamidoacetic acid
(NEtFOSAA) (EPA 537.1) 280 EACH $ $
B27
N-methyl perfluorooctanesulfonamidoacetic
acid (NMeFOSAA) (EPA 537.1) 280 EACH $ $
B28
perfluorotetradecanoic acid (PFTA) (EPA
537.1) 280 EACH $ $
B29
perfluoro tridecanoic acid (PFTrDA) (EPA
537.1) 280 EACH $ $
B30 Lithium (EPA 200.7) 280 EACH $ $
ePay 1% Rebate (See Bid Form A for this option) $ -( )
Project 2 Total Items B1 – B30: $
Payment Terms:
Check which of the following payment terms/methodology Bidder accepts (a description of each can be found in Bid Form A – IFB Acknowledgement):
Choose One:
• Option A (Preferred): City of Modesto ePay Payment on Net 30 Day Timing: ___ Choose by checking () here. If selected, for bid comparison purposes, Bidder’s pricing will be reduced by the City of Modesto’s average ePay card program rebate percentage; or • 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 IFB and any associated Addenda and offers to furnish the articles and/or services specified, in accordance with the specifications, terms and conditions of this IFB and these Bid documents, for the pricing indicated on the Pricing Schedule.
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
#19..
- 710 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
25 BID FORM D – BIDDER EXCEPTIONS, CLARIFICATIONS, AMENDMENTS Exceptions to the City of Modesto’s IFB package, sample agreement, and associate specifications are not encouraged and may cause Bidder to be considered not responsible and/or its Bid to be considered not responsive. Therefore, if no exceptions, clarifications, or amendments are proposed by Bidder, it is preferred that Bidder so indicate by typing or writing “Not Applicable” in the Description field in the first item row below. Less preferred, Bidder may indicate no exceptions, clarifications or amendments are proposed by leaving this form out of its’ Bid submission.
Nonetheless, Bidder may request Bid clarifications and exceptions below, if any, sign and submit with your Bid response.
Any requested exception, clarification or amendment may not be accepted and may deem the Bidder as non-responsive.
Item # Reference To: Description
Page # Section or
Paragraph #
Bidder Company Name:
Name of Bidder Signatory:
Signature of Bidder Representative:
#19..
- 711 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
26 BID FORM E – 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 $
Company Name:
Address:
City, State, Zip Code
Contact Person:
#19..
- 712 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
27 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 $
#19..
- 713 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
28 BID FORM F - 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 Bid Form F – Financial Interest Disclosure, listing by name all parties that have a material financial interest in the agreement, contract, or development right.
PLEASE NOTE, any Council action that requires a Financial Interest Disclosure cannot be considered by the City Council until the required reporting is made. That means that City Council agenda items without the disclosure will be removed from the Council agenda.
Financial Interest Disclosure to City of Modesto
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.
#19..
- 714 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
29 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:
#19..
- 715 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
30 BID FORM G - LOCAL BUSINESS PREFERENCE DECLARATION
Notice Pursuant to Modesto Municipal Code section 8.3-206 - Should the Bidder which submits the lowest responsive Bid (and would otherwise normally qualify to receive the Bid pursuant to Sections 8-3.203 and 8-
3.204 of the Modesto Municipal Code) not be a local business as defined herein, the lowest Bid or quote submitted by a local business that is within five percent (5%) of the lowest Bid or quote, 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 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.
Notwithstanding the foregoing, award to the local Bidder must still be approved by the City Council as would have the typical award.
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.
This document is only required should the Bidder request to be considered for the Support of Local Vendor preference, and meets the criteria noted above.
Check here:
I declare I am a local business per the above criteria
Bidder Company Name:
City of Modesto Address (Street,
City, State, Postal Code:
City of Modesto Business License
Number:
Under penalty of perjury, the undersigned declares that the foregoing information is true and correct:
Print/Type Name:
Title:
Signature:
Date:
#19..
- 716 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
31 BID FORM H - BIDDER COMPANY HISTORY STATEMENT
Bidder shall have been in business for a minimum of three continuous years (immediately prior to the time of the City’s solicitation) providing the services described in this Invitation for Bids (IFB).
The Bidder’s company history overview statement shall be approximately one to three pages in length and inserted below:
Bidder Company Legal Name: Insert Bidder Logo Here (if existent):
Insert Bidder Company History Overview Statement Beginning Here:
#19..
- 717 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
32 BID FORM I - ADDENDA ACKNOWLEDGEMENT
In order to obtain any addenda information, throughout the IFB period, Bidder is responsible for regularly checking the City of Modesto’s Planet Bid website at https://pbsystem.planetbids.com/portal/14999/bo/bosearch for the IFB number listed on the Cover Page and in the header of each subsequent page of this IFB, and in any event, no later than the day prior to Bid opening.. The changes identified in any addenda issued will modify this IFB and specifications. The addenda now become a part of this IFB and Bidder’s resultant Bid.
Signing the Bid on the signature portion thereof, the Bidder is acknowledging that the Bidder has confirmed that it has received all addenda issued for IFB and has included costs for such in the Bid submitted. Failure to list and acknowledge all addenda numbers may cause Bidder’s Bid to be considered nonresponsive.
Do not attach any of the addenda to this sheet nor include them with the Bid.
If no addenda have been issued against this IFB solicitation, Bidder may write “Not Applicable” and return this Bid Form as part of its submission. Alternatively, Bidder may leave this Bid Form out of its submission.
But if any addenda have been issued by the City of Modesto this document is required to be completed and returned.
The Bid is submitted with respect to the changes to the IFB included in addenda numbers:
List All Addenda Numbers, Separated by Commas
(“,”):
Bidder Company Name:
#19..
- 718 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
33 BID FORM J – BIDDER WARRANTY STATEMENTS
As a material part of its Bid, Bidder shall insert below a written statement detailing any materials and workmanship warranties, term, and conditions in conformance with the specifications and requirements set forth in this 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:
#19..
- 719 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
34 BID FORM K – BIDDER EXPERIENCE AND CERTIFICATIONS
Bidder shall provide below a summary covering the following:
A. Experience: The Contractor and its employees directly involved in providing inspections, services and repairs shall have a minimum of three years’ experience providing the types of services requested in this IFB:
i. Identify key personnel and their position within your organization. ii. Provide a biographical summary or resume detailing the experience, level of expertise and qualifications of the key individuals providing the types of services requested herein. iii. If you plan to subcontract work, you must also indicate in Bid Form L – Subcontractor List the name and address of each firm and the type of work or tasks the subcontractor will perform. Identify key personnel assigned to the project, their position, qualifications, and representative experience.
B. Certifications: Bidder shall provide copies of all relevant certifications held for both company and any individuals required to perform the services requested herein. Certifications shall include Environmental Laboratory Accreditation Program (ELAP) and/or NELAC if required by California regulations.
C. Electronic Data Submission: Bidder shall provide verification of electronic data submission describing your laboratory’s capabilities for electronic submission into LIMS. CONTRACTOR is to work with City of Modesto to ensure the Electronic Data Submission file with comma separated value is formatted for entry into CITY’s LIMS (labworks).
Electronic Data Submission Example:
D. Management Services:
1. Client Services:
Bidder shall provide the name, qualifications, and work history for the client project manager responsible to oversee this account.
2. Principle Analysts:
Bidder shall provide the names and qualifications of each Principal Analyst conducting each method of testing.
#19..
- 720 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
35 3. Laboratory Audit:
The CONTRACTOR and subcontract laboratories shall have participated in at least one on-site audit conducted by a 3rd party regulatory agency within the past three (3) years.
Bidder shall provide a copy of the most recent external audit report for all laboratories performing analyses under this agreement. The CITY reserves the right to conduct a site inspection of any laboratory as part of this process.
E. Routine Sampling Supporting Documents:
• Laboratory ELAP certification, fields of testing, and how long laboratory has been certified to perform each method
• Subcontractor ELAP certification, fields of testing, and how long laboratory has been certified to perform each method
• Laboratory Audit Report by 3rd party within the last three (3) years. • Name the Project manager responsible for this account • Name the client services representative who will be responsible for this account and his or her qualifications and work history
• Names and Qualifications of each Principal Analyst for each method of testing to be done. • Quality Assurance Program Plan (QAPP)
• Sample Analytical Report
• Typical Verification EDT report to SWRCB
• Description of capabilities for electronic submission into CITY LIMS (Labworks) • Provide sample “Bottle Chart”
• Agenda for Training Class
F. UCMR5 Sampling Supporting Documents:
• Name the Project Manager responsible for this account • Names and Qualifications of each Principal Analyst for each method of testing to be done. • Quality Assurance Program Plan (QAPP)
• Sample Analytical Report
• Description of capabilities for electronic submission into LIMS • Provide sample “Bottle Chart”
• Agenda for Training Class
• EPA Approval certification for UCMR5 Testing
#19..
- 721 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
36 BID FORM L - SUBCONTRACTOR LIST
Bidder shall list the name and the address of the place of business for each subcontractor who will perform work or labor or render services to the Bidder. In addition, list the type of work the subcontractor will perform, and; (if applicable) its Department of Industrial Relations (DIR) registration number and its California Contractor’s license number:
Name of
Subcontractor
Address Type of Work Contractor
License # (if any)
DIR
Registration #
(if any)
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
N/A N/A
Bidder Company Name:
#19..
- 722 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
37 TECHNICAL SPECIFICATIONS AND REQUIREMENTS
PROJECT 1 – CONTINUOUS ANNUAL SAMPLING:
1.1 SCOPE OF WORK:
The Utilities Department, Water Services Division, is requesting laboratory analytical testing services on drinking water.
The City of Modesto currently operates nine (9) public water systems, which includes ninety-one (91) ground water wells and twelve (12) above ground storage tanks. Eight (8) of the water wells are equipped with Granular Activated Carbon (GAC) for the treatment of DBCP, PCE, TCP and TCE. Two (2) of the water wells are treated with Ion Exchange for the removal of Nitrate. The city also receives thirty (30) million gallons per day of treated surface water from the Modesto Regional Water Treatment Plant.
Due to the complexity of the city’s water system, monitoring samplings are at times performed five (5) days per week at several locations.
The bidder may specify alternative methods to be used for analysis provided that the alternate method is accepted by the Environmental Protection Agency (EPA). List the detection level that is consistently achievable for each parameter as analyzed by the method listed. Be sure the unit price is reflective of the method quoted at the reporting level quoted. Bidder shall quote for standard turnaround time.
1.2 ANALYTICAL TESTS:
Item
No.
Description Reporting Units Method
1 Anions by Ion Chromatography (300.0) mg/L 300.0
2 Arsenic Only ug/L 200.8
3 Asbestos – TEM MFL
4 Carbamates ug/L 531.1
5 Cyanide – F ug/L SM 4500
6 Diquat ug/L 549.2
7 EDB/DBCP ug/L 504.1
8 Endothall ug/L 548.1
9 Glyphosate ug/L 547
10 GM/IO/GP Various Various
11 Gross Alpha Particle Activity pci/L 900
12 Gross Beta Particle Activity pci/L 900
13 HAA5 ug/L 552.2
14 Herbicides ug/L 515.3
15 Manganese Only ug/L 200.8
16 Nitrate as N mg/L 300.0
17 Nitrite as N mg/L 300.0
18 Nitrosamines ug/L 521
19 OCP and PCB ug/L 508
20 Polynuclear Aromatics ug/L 525.2
#19..
- 723 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
38 21 TCP (with 0.7 ppt low detection reported) ppt 524M 22 Radium 226 pci/L 903.0
23 Radium 228 pci/L Ra - 05
24 Title 22 Metals ug/L 200.8
25 Total Organic Carbon ug/L SM 5310 A-D
26 TTHM ug/L 524.2
27 Uranium pci/L 908.1
28 VOC ug/L 524.2
29 PCE/TCE only ug/L 524.2
30 Lead and Copper (every 3 years) ug/L 200.8
31 Per and Polyfluoroalkyl Substances ng/L 533
32 Chromium VI ug/L 218.6
33 Colilert 18 – P/A P/A
34 Conductivity (EC) umhos/cm SM2510B
35 Colisure – P/A P/A
36 HPC
37 MPN
38 %Brine
39 TDS mg/L SM2540C
1.3 LABORATORY QUALIFICATION:
A. Certification:
All analytical procedures, whether performed by the laboratory or by a subcontractor, must use EPA approved methods. Bidder shall submit copies of their Environmental Laboratory Accreditation Program (ELAP) certifications and/or NELAC if State required, field-testing, and continuous length of time their laboratory has been certified to perform each method. Bidder shall also include any subcontracted laboratory performing analyses required under this IFB. Laboratories that cannot provide adequate proof of certification will be rejected as non-responsive. Services shall be awarded only to laboratories certified through the ELAP, of the State Water Resource Control Board (SWRCB) for drinking water compliance testing.
B. Subcontracted Laboratories:
If your laboratory intends to use subcontractors to perform any of the analysis, the following documentation shall be included with your submittal:
• A copy of the subcontract laboratories Certification for ELAP. • A list of testing performed by the subcontracted laboratories. • Subcontracted laboratories are to meet the turnaround time specified.
1.4 QUALITY ASSURANCE/QUALITY CONTROL:
A. Quality Assurance/Quality Control Reporting:
The contracted laboratory shall operate under the directives of an approved Quality Assurance Program Plan (QAPP). The plan shall define the performance criteria and support procedures by which quality analytical data are generated.
The plan should address QA Policies and Procedures.
• QA plan shall include:
o Sample Custody
#19..
- 724 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
39 o Sample Collection
o Preservation
o Identification
o Handling and Storage
o QA checks for accuracy
o QA reporting
• QAPP Organization and Responsibility. At a minimum, the table of contents and signature page for the program.
• Quality Assurance/ Quality Control Review Person Responsible for Plan.
B. Analytical Report:
A separate analytical report that meets ELAP requirements shall be provided for each chain of custody.
This report shall be delivered with invoice and Electronic Data Submission. The report shall be well organized and easy to follow, containing the following information:
• Laboratory contact information for all labs providing results • Client information
• Report title and number
• Sample identification, collection date and time
• Sample receipt
• Date of sample preparation and prep method
• Date of sample analysis and test method
• Analytical results
• Detection levels used
• QA/QC date for each method performed
• Signature and title of person authorized to release final results • Certification that the test results meet all ELAP and/or NELAC and laboratory QA/QC requirements notation of results reported outside of quantitation limits • Explanation of any qualifiers
• A copy of the Chain of Custody (COC)
• Proof of electronic submission in the SWRCB data base C. Method Reporting Levels (MRL) or Practical Quantitation Limits:
MRL must be as low as the Safe Drinking Water (Federal) trigger levels or the California Detection Limits for Reporting (DLR), whichever lower. The laboratory is responsible to achieve these DLR’s.
The laboratory’s low calibration point shall be at or below the laboratory’s MRL. The laboratory shall provide their MRL’s to the CITY. The laboratory will document and explain in detail analyses not meeting quoted detection levels. The CITY shall consider each case to determine if re-analysis is required. If needed, re-analysis shall be provided at no additional cost to the CITY.
D. Electronic Data Submission:
When indicated on the COC, the report shall be sent to the SWRCB via Electronic Data Transfer (EDT) following all California and/or EPA requirements for reporting compliance for drinking water samples. #19..
- 725 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
40 The CITY requires electronic submission of all sample results into the CITY’s LIM system database.
Prior to submission, an electronic copy of the Certificate of Analysis shall be provided to the CITY.
EDT to SWRCB shall be provided within one month of sample collection date for compliance samples.
The CITY shall be notified if data has been rejected by SWRCB and notified when data has been corrected. The CITY will not pay for any analyses until the electronic submissions are complete to both SWRCB and CITY LIMS. Provide a typical verification of EDT report with your bid and a description of your capabilities for electronic submission into LIM system.
Title 22 regulations require notification of any MCL violation IMMEDIATELY upon receiving the results from any test. The CITY will provide protocol to the contract laboratory. Title 22 regulations can be obtained from SWRCB website.
E. Retention of Records:
The laboratory must retain test results, chromatograms, mass spectra reports, and accompanying quality control data for a period of not less than five (5) years.
1.5 SAMPLE PICKUP:
A. City of Modesto, Water Services Division
4240 Litt Road
Modesto, CA 95355
CONTRACTOR shall arrange pickup of samples between 2:00 pm and 4:00 pm, Tuesday and Wednesdays of each week. The City of Modesto Water Resource Analyst and/or Administrative Services Technician will coordinate additional pickup days. CONTRACTOR shall assume the chain of custody at that point, maintaining the integrity of the sample during transportation. Any broken samples, temperature excursions or other sample damages during transport, shall be reported to the CITY the same business day as sample receipt.
CONTRACTOR, or courier service selected by CONTRACTOR, shall pick up all samples within twenty-four (24) hours of receipt of CITY request.
B. Sample Storage and Disposal:
Samples shall be stored for a minimum of thirty (30) calendar days after the postmarked date of the final analytical report then disposed of by laboratory at no extra cost to the CITY. Samples are subject to chain of custody procedures until final disposal. Sample shall be returned to CITY upon request, at CITY expense, if the request is made within thirty (30) day period. The laboratory shall dispose of all samples in accordance with applicable Federal, State, and Local laws, regulations, or ordinances.
C. Hold Times for Samples:
All hold times begin at the time of sample collection for grab samples or at the start time for composite samples, as noted in the chain of custody. All analyses shall be completed within hold times required by EPA and SWRCB. CITY shall not accept or pay for results of samples performed outside of hold times unless approved by the appropriate regulatory authority.
#19..
- 726 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
41 D. Turnaround Time (Standard):
A fourteen (14) calendar day standard turn-around time for delivery of final analytical reports are required results should be reported to the SWRCB by the tenth of the month following sampling. Turnaround time shall commence upon sample receipt by the CONTRACTOR. The laboratory shall notify the CITY if it cannot meet the specified turnaround time. Notification shall be made within seven (7) calendar days of sample receipt, with an estimate of completion time. CITY shall have the option to refuse service at no charge and have the remainder of the properly preserved sample returned, or sample sent to another laboratory at no cost to CITY.
Title 22 Regulations require notifications of any MCL violation IMMEDIATELY upon receiving the results from any test. The CITY will provide protocol to the CONTRACTOR.
E. Turnaround Time (Expedite):
On occasions, a forty-eight (48) hour turnaround time for electronic notification is required. Using the Pricing Schedule, Bidder shall list their percentage markup over standard pricing for expedited service.
F. Sample Containers:
Sample containers of appropriate size and type, containing the proper preservatives to comply with EPA and SWRCB requirements, shall be included in testing items unit price. Sample containers shall be pre-labeled identifying the analyses type and preservative used for the test. Sampling instructions, coolers, ice packs, bubble wrap or sample containers needed, shall be delivered to the Water Division within seven (7) calendar days after request by CITY. If there are any changes to sample containers, the laboratory shall provide CITY staff with a complete and detailed “Bottle Chart”, to show sample method, container used, hold time, and preservative.
G. Travel Blanks:
Samples for volatile analysis shall be collected in duplicate. Travel blanks shall be analyzed only when pollutants are detected in the samples they accompany. Analysis of travel blanks, when needed, will be provided at no additional cost to the CITY.
H. Training:
At the direction of the CITY, CONTRACTOR shall provide a “Sample Training and Collection Class”. This class shall train new staff and reiterate practices and procedures to existing staff, such as proper methods of taking and completing sample collection, filling out COC’s, CSC’s, various labels, and how to fill bottles. The training shall be a minimum of one (1) hour and held three times per year. The Water Division will schedule the training session.
I. Field Services:
Under normal circumstances, CITY staff will collect all samples and the CONTRACTOR will coordinate the pickup of the samples. The CITY may choose to hire the CONTRACTOR to perform fieldwork (sample collection) on an as needed basis.
Sample collection consists of all Title 22 required sampling. If distribution sampling is required, the CONTRACTOR will be given an address and be required to complete the sampling that is on the COC. If sampling is at the well, an operator will assist with starting the well and the CONTRACTOR will be required to complete the sampling and paperwork.
#19..
- 727 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
42 PROJECT 2 – UCMR5 SAMPLING
2.1 SCOPE OF WORK:
The 1996 Safe Drinking Water Act (SDWA) amendments require that once every five years EPA issue a new list of no more than 30 unregulated contaminants to be monitored by public water systems (PWSs).
The fifth Unregulated Contaminant Monitoring Rule (UCMR 5) was published in the Federal Register on December 27, 2021. UCMR5 requires monitoring for 30 chemical contaminants for (4) consecutive quarters.
Sampling to be completed between 2023 and 2023 using analytical methods developed by EPA and consensus organizations. This monitoring provides a basis for future regulatory actions to protect public health.
2.2 LABORATORY DISTANCE:
Due to the sensitivity of the UCMR5 analysis, the CITY is requiring the awarded laboratory to be within 150 miles from the City of Modesto Water Services Division.
2.3 ANALYTICAL TESTS:
Item
No. Description / (Method)
Unit of
Issue
1 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11Cl-PF3OUdS) 533 2 9-chlorohexadecafluoro-3-oxanonane-1-sulfonic acid (9Cl-PF3ONS) 533 3 4,8-dioxa-3H-perfluorononanoic acid (ADONA) 533
4 hexafluoropropylene oxide dimer acid (HFPO DA) 533
5 nonafluoro-3,6-dioxaheptanoic acid (NFDHA) 533
6 perfluoro butanoic acid (PFBA) 533
7 perfluorobutanesulfonic acid (PFBS) 533
8 1H,1H, 2H, 2H-perfluorodecane sulfonic acid (8:2FTS) 533 9 perfluoro decanoic acid (PFDA) 533
10 perfluoro dodecanoic acid (PFDoA) 533
11 perfluoro(2-ethoxyethane)sulfonic acid (PFEESA) 533
12 perfluoroheptanesulfonic acid (PFHpS) 533
13 perfluoro heptanoic acid (PFHpA) 533
14 1H,1H, 2H, 2H-perfluorohexane sulfonic acid (4:2FTS) 533 15 perfluorohexanesulfonic acid (PFHxS) 533
16 perfluoro hexanoic acid (PFHxA) 533
17 perfluoro-3-methoxypropanoic acid (PFMPA) 533
18 perfluoro-4-methoxybutanoic acid (PFMBA) 533
19 perfluoro nonanoic acid (PFNA) 533
20 1H,1H, 2H, 2H-perfluorooctane sulfonic acid (6:2FTS) 533 21 perfluorooctanesulfonic acid (PFOS) 533
22 perfluorooctanoic acid (PFOA) 533
23 perfluoropentanoic acid (PFPeA) 533
24 perfluoropentanesulfonic acid (PFPeS) 533
#19..
- 728 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
43 25 perfluoro undecanoic acid (PFUnA) (EPA 533) 533
26 N-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA) 537.1 27 N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA) 537.1 28 perfluorotetradecanoic acid (PFTA) 537.1
29 perfluoro tridecanoic acid (PFTrDA) 537.1
30 Lithium 200.7
2.4 LABORATORY QUALIFICATION:
A. Certification:
CONTRACTOR must meet the UCMR5 laboratory approval program application and proficiency testing criteria for all test methods. Laboratories that cannot provide adequate proof of certification will be rejected as non-responsive. Services for UCMR5 shall be awarded only to laboratories certified through EPA.
B. Subcontracted Laboratories:
• No subcontracting on any test methods part of UCMR5 to awarded vendor.
2.5 QUALITY ASSURANCE/QUALITY CONTROL:
A. Quality Assurance/Quality Control Reporting:
The CONTRACTOR shall operate under the directives of an approved Quality Assurance Program Plan (QAPP). The plan shall define the performance criteria and support procedures by which quality analytical data are generated. The plan should address:
• QA Policies and Procedures.
QA Plan shall include:
O Sample Custody
O Sample Collection
O Preservation
O Identification
O Handling and Storage
O QA Checks for accuracy
O QA Reporting
• QAPP Organization and Responsibility. At a minimum, the table of contents and signature page for the program.
• Quality Assurance / Quality Control Review Person Responsible for Plan.
B. Analytical Report:
A separate analytical report that meets ELAP requirements shall be provided for each chain of custody. This report shall be delivered with invoice. The report shall be well organized and easy to follow containing the following information:
• Laboratory contact information for all labs providing results • Client information
• Report title and number
• Sample identification, collection date and time
• Sample receipt date
#19..
- 729 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
44 • Date of sample preparation and prep method
• Date of sample analysis and test method
• Analytical results
• Detection levels used
• QA/QC data for each method performed
• Signature and title of person authorized to release final results • Certification that the test results meet all ELAP and/or NELAC and laboratory QA/QC requirements notation of results reported outside of quantitation limits • Explanation of any qualifiers
• A copy of the Chain of Custody (COC)
• Proof of electronic submission into EPA’s web-based Safe Drinking Water Accession and Review System (SDWARS) within 120 days from sample collection. • Proof of electronic submission into the CITY LIMS
C. Electronic Data Submission:
CONTRACTOR shall be responsible for posting all UCMR5 sample analysis results to EPA’s web-based Safe Drinking Water Accession and Review System (SDWARS) within 120 days from sample collection. The CITY will not pay for any analyses until the electronic submissions are complete both to SDWARS and the CITY LIMS. Provide a typical verification of EDT report with your bid and a description of your capabilities for electronic submission into LIM System.
D. Retention of Records:
The laboratory must retain test results and accompanying quality control data for a period of not less than five (5) years.
2.6 SAMPLE PICKUP:
A. City of Modesto, Water Services Division
4240 Litt Road
Modesto, CA 95355
CONTRACTOR shall arrange pickup of samples between 2:00 pm and 4:00 pm, Tuesday thru Thursday during the duration of UCMR5 sampling. The City of Modesto Water Resource Analyst and/or Administrative Services Technician will coordinate pickup days. CONTRACTOR shall assume the chain of custody at that point, maintaining the integrity of the sample during transportation. Any broken samples, temperature excursions or other sample damages during transport, shall be reported to the CITY the same business day as sample receipt.
CONTRACTOR will be required to pick up all samples part of UCMR5 within twenty-four (24) hours of receipt of CITY request. No subcontract courier will be accepted for the pickup of UCMR5 samples. #19..
- 730 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
45 B. Hold Times for Samples:
All hold times begin at the time of sample collection for grab samples or at the start time for composite samples, as noted in the chain of custody. All analyses shall be completed within hold times required by EPA.
C. Turnaround Time (Standard):
A thirty (30) calendar day standard turnaround time for electronic notification is required.
D. Sample Containers:
Sample containers of appropriate size and type, containing the proper preservatives to comply with EPA requirements, shall be included in testing items unit price. Sample containers shall be pre-labeled identifying the analyses type and preservative used for the test. Sampling instructions, coolers, ice packs, bubble wrap or sample containers needed, shall be delivered to the Water Division within seven (7) calendar days after request by CITY, and shall be delivered at least twenty-four (24) hours prior to scheduled sampling.
E. Travel Blanks:
Analysis of travel blanks, when needed, will be provided at no additional cost to the CITY.
F. Training:
At the direction of the CITY, CONTRACTOR shall provide a “Sample Training and Collection Class”. This class shall train staff proper methods of taking and completing sample collection, filling out COCs, various labels, and how to fill bottles part of UCMR5. The training shall be a minimum of one (1) hour. The Water Division will schedule the training of UCMR5 sampling session.
G. Field Services:
Under normal circumstances, CITY staff will collect all samples and the CONTRACTOR will coordinate the pickup of the samples. The CITY may choose to hire the CONTRACTOR to perform fieldwork (sample collection) on an “as needed basis”.
If sampling is at the well, an operator will assist with starting the well and the CONTRACTOR will be required to complete the sampling and paperwork.
2.7 MANAGEMENT SERVICES:
A. Client Services:
The CONTRACTOR shall assign an experienced project manager to this account. All services called for in this IFB shall be performed under his or her direction. Provide the name, qualifications, and work history for the client project manager responsible to oversee this account.
B. Principal Analysts:
Provide the names and qualifications of each Principal Analyst conducting each method of testing. #19..
- 731 -
INVITATION FOR BIDS # 2223-13
ANALYTICAL LABORATORY
TESTING SERVICES
46 C. Laboratory Audit:
The CONTRACTOR and subcontract laboratories shall have participated in at least one on-site audit conducted by a 3rd party regulatory agency within the past three (3) years. The CONTRACTOR shall provide a copy of the most recent external audit report for all laboratories performing analyses under this agreement. The CITY reserves the right to conduct a site inspection of any laboratory as part of this process.
2.8 REQUIRED LICENSES:
Prior to beginning any service that shall be furnished under this specification, the Bidder shall secure the appropriate Business/Delivery license from the City of Modesto. Business/Delivery license information may be obtained by calling (209) 577-5389 or emailing [email protected]. The successful Bidder shall maintain a City of Modesto business license for the duration of the agreement. #19..
- 732 -
47 SAMPLE ANNUAL AGREEMENT - SERVICES
This agreement, hereinafter called AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of _________________ , 2023, by and between the City of Modesto, a municipal corporation of the State of California, hereinafter called CITY, and _________________, a ______ _______, hereinafter called CONTRACTOR.
W I T N E S E T H:
WHEREAS, the Modesto City Council adopted Resolution No. 2023-______ authorizing the Award of Bid and agreement for the ANALYTICAL LABORATORY TESTING SERVICES to CONTRACTOR, attached hereto as Exhibit “A” and made a part hereof, and WHEREAS, the CONTRACTOR provided a responsive and responsible submittal that best meets the CITY needs, attached hereto as Exhibit “B”, and made a part hereof, and WHEREAS, the CITY and CONTRACTOR shall enter into an agreement for the ANALYTICAL LABORATORY TESTING SERVICES as described in IFB 2223-13, attached hereto as Exhibit “C”, and made a part hereof (hereinafter called IFB).
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. THE WORK:
a) CONTRACTOR shall furnish all labor, materials, equipment, fuel, tools, licenses, bonds and #19..
- 733 -
48 insurance necessary to perform and complete the required work as specified in Exhibit “C”, and in strict accordance with the conditions of the complete AGREEMENT. b) CONTRACTOR shall do and perform the work contemplated hereby in a good workmanlike manner under the direction of and to the satisfaction of the CITY Representative. c) CONTRACTOR shall maintain proper insurance with the CITY for the duration of the AGREEMENT.
d) CONTRACTOR shall maintain a CITY business license for the duration of the AGREEMENT.
e) CONTRACTOR shall furnish said services at the following AGREEMENT rates for an estimated annual amount $_________________. The total amount paid by CITY to CONTRACTOR over the full term of the AGREEMENT shall not exceed $____________. Unless the services provided are for a lump sum or flat fee, fees for work performed by CONTRACTOR on an hourly basis shall not exceed the amounts shown on Bid attached hereto as Exhibit B.
AGREEMENT PRICING
[TBD – Insert Pricing Table Here]
2. CITY REPRESENTATIVE:
CITY Representative is:
________________________ ____________________________
The CITY Representative is not authorized to commit the CITY to changes in specifications, requirements, or scope of work, changes in price(s), period of performance or delivery date(s) or method of shipment. Changes of a contractual or business nature shall be effective only by written change to the AGREEMENT, issued by the City of Modesto, Purchasing Division.
3. CONTRACTOR REPRESENTATIVE:
CONTRACTOR: ___________________ ________________________ #19..
- 734 -
49 4. TERM OF AGREEMENT:
The term of the AGREEMENT shall be for a period of two years, with three one-year extension options at the sole discretion of CITY, for a total of up to five years.
Year 1: June 11, 2023 through June 10, 2024
Year 2: June 11, 2024 through June 10, 2025
Year 3: June 11, 2025 through June 10, 2026
Year 4: June 11, 2026 through June 10, 2027
Year 5: June 11, 2027 through June 10, 2028
Pricing as set forth in Section 1.e. above shall remain firm for the first two years of the AGREEMENT.
Price increases for any subsequent AGREEMENT years following the second year, shall not exceed the percentage change in the Consumer Price Index (CPI) for the City of Modesto West Urban Area in any one AGREEMENT year, and shall be negotiated through the Purchasing Division. Requests for price increases shall be submitted by CONTRACTOR in writing, 90 days prior to the annual anniversary date of the AGREEMENT to be effective for the subsequent year.
5. LIABILITY INSURANCE:
The CONTRACTOR shall provide, at its own expense, and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the CITY as may be required by the City Clerk of the CITY. The policies or certificates thereof shall provide that, at least 30 days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the CITY by registered mail, return receipt requested, for all of the following stated insurance policies.
a. General Liability - insurance with a minimum limit of liability per occurrence of $2,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The insurance shall indicate on the certificate #19..
- 735 -
50 of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations; and/or professional liability.
b. Automobile Liability – insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage and transportation related pollution liability. This insurance shall cover any automobile for bodily injury and property damage.
c. Workers' Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000 per accident for bodily injury or disease. d. Pollution Liability – and/or Asbestos pollution liability and/or errors & omissions applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one-year.
If at any time any of said policies shall be unsatisfactory to the CITY, as to form or substance or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit the same to the CITY’s Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR to furnish, deliver or maintain such insurance and certificates as above provided, this AGREEMENT, at the election of the CITY, may be forthwith declared suspended, or terminated. Failure of the CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification.
The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation.
The Workers' Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY.
#19..
- 736 -
51 The CONTRACTOR’s insurance policy(ices) shall include a provision that the coverage is primary as respects the CITY; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the CITY’s Risk Manager.
For any claims related to this AGREEMENT, the CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
6. PAYMENT:
CONTRACTOR shall invoice CITY not less than once per month based on the cost for services performed and reimbursable costs incurred prior to the invoice date. All invoices shall be paid in full the following payment terms within thirty days after completion and acceptance of the Services by the CITY, and receipt of a properly prepared invoice, CITY will pay CONTRACTOR [TO BE DETERMINED BY IFB RESPONSE IN FINAL AGREEMENT, EITHER “Net 30 terms via CITY’s ePay Program” or “Net 45 Days via manual check”.]. The CITY is exempt from payment of Federal Excise Tax, and all invoices shall be exclusive of such excise tax.
Invoice to: City of Modesto
Attn: Accounts Payable
P.O. Box 642
Modesto, CA 95353
Email to: [email protected]
At a minimum, invoices shall state the following:
• This AGREEMENT number
• CITY department/division name and address
• Billing period
• Service hours worked day and week
• Unit price, extended price, sales tax, and total
#19..
- 737 -
52 7. INDEMNITY: The CONTRACTOR shall hold the CITY, its agents, officials, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of CONTRACTOR, or its agents, officials, officers, employees, or volunteers relating to or during the performance of its obligations under this AGREEMENT. CONTRACTOR’s obligation to defend, indemnify, and hold the CITY, its agents, officials, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this AGREEMENT for CONTRACTOR to procure and maintain a policy of insurance.
8. VENUE & GOVERNING LAW:
Venue for any dispute or claim arising or related to this AGREEMENT its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California This AGREEMENT shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of California, without giving effect to its conflicts of laws provisions or principles.
9. ATTORNEYS’ FEES: If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10. COMMENCEMENT AND COMPLETION OF THE WORK:
The work contemplated herein shall be commenced after the agreement administrator receives and has on file:
Proofs of insurance (approved by CITY Risk Manager); and Executed Agreement;
a. Resolution No.2023-_______;
b. CONTRACTOR Bid submittal;
#19..
- 738 -
53 c. IFB No. 2223-13;
d. Contractor’s City of Modesto business license
11. TERMINATION OF SERVICES:
Termination for Default: In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the nonperformance. Within 10 days after receipt of notification, the breaching party shall correct any nonperformance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience: The City may also terminate this AGREEMENT the Contractor's performance underthe Agreement, eitherin whole orin part, at its own discretion and without cause.
Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the CONTRACTOR shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors, and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and subcontracts except as necessary to complete any portion of the SERVICES that are not terminated;
c. If directed in writing by the CITY to do so, assign all right, title and interest in subcontracts and materials in progress to CITY, in which case the CITY will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such, but in no event shall recovery by any CONTRACTOR or subcontractor include lost profits for portions of the SERVICES not completed or undertaken, including materials not delivered; #19..
- 739 -
54 d. Deliver or otherwise make available to the CITY all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the CONTRACTOR in performing the SERVICES whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of CITY; f. Complete performance of such part of the SERVICES as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the CITY for the protection and preservation of the SERVICES and/or property related to the SERVICES;
h. If CITY so requests, and at CITY's cost, CONTRACTOR shall provide sufficient oral or written status reports to make CITY reasonably aware of the status of CONTRACTOR’s work on the SERVICES.
i. CONTRACTOR understands and agrees that CITY may, in CITY’s sole discretion, refuse to pay CONTRACTOR for that portion of CONTRACTOR's SERVICES which were performed by CONTRACTOR on the project prior to the termination date and which remain unacceptable and/or not useful to CONTRACTOR as of the termination date.
CITY will pay CONTRACTOR for SERVICES actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the CONTRACTOR after termination for convenience shall be limited to amounts due and owing under the AGREEMENT at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the SERVICES such as subcontractor agreements or contracts for materials; b. The AGREEMENT price allocable to the portion of the SERVICES properly performed or goods supplied to the work site by the CONTRACTOR as of the #19..
- 740 -
55 date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the CONTRACTOR for such SERVICES.
12. COMPLIANCE WITH ALL LAWS:
CONTRACTOR hereby agrees that CONTRACTOR and its subcontractors, if any, in the performance of the SERVICES described herein, will comply with all federal, state, county and municipal laws, rules and regulations which may be applicable to the work herein contracted for, whether now in existence or hereafter adopted.
13. FAILURE TO PERFORM SATISFACTORY WORK: It is agreed and understood that if the CONTRACTOR fails to perform the SERVICES as specified herein, CITY's representative may:
a. Consent to accept such unsatisfactory service with an appropriate adjustment in contract price, based on established cost factors,
b. Have such required work done by CITY forces or otherwise, and charge the cost thereof to the CONTRACTOR, or
c. Recommend termination of AGREEMENT between said the CONTRACTOR and the City of Modesto.
Those discrepancies and deficiencies in the SERVICES that remains uncorrected after the date set for correction may be the necessary justification for a billing adjustment in the month following the occurrence.
Unless otherwise negotiated, billing adjustments for this incomplete or uncorrected work shall be permanent retention of 100% of the estimated monthly cost for the SERVICES not corrected or completed.
14. ASSIGNMENT OF RIGHTS: The CONTRACTOR offers and agrees, and will require all subcontractors and suppliers to agree, to assign to the CITY all rights, title, and interest in and to all causes of action it and they may have under Section 4 of the Clayton Act (15 United States code, Section 15) or under the Cartwright Act (Business and Professions Code, Section 16700 et seq.), arising from the acquisition of goods, services, or materials pursuant to this AGREEMENT or any allowed subcontract. The assignment made by #19..
- 741 -
56 CONTRACTOR and all assignments made by subcontractors and suppliers shall be made and become effective at the time the CITY makes final payment to the CONTRACTOR, without further acknowledgment by the parties (Government Code, Sections 4550-4554).
15. CITY PROCESS/PROCEDURE APPROVALS: CITY approval of any process or procedure shall not relieve CONTRACTOR of its responsibility to furnish the required SERVICES meeting all specifications contained herein.
16. CONTRACTOR'S RESPONSIBILITY FOR DAMAGES: If CONTRACTOR damages any property belonging to the CITY or a third party, the CONTRACTOR will be required to make repairs immediately, at CONTRACTOR’s sole cost and expense, to the satisfaction of the CITY. In the event that CONTRACTOR fails to perform the necessary repairs, the CITY may either retain from the money due to CONTRACTOR an amount sufficient to repair the damage or perform the repairs and send an invoice to the CONTRACTOR for such costs, which shall be paid within thirty (30) days.
17. NOTICES:
Any notice, payment or instrument required or permitted by this AGREEMENT to be given or delivered to either party shall be deemed to have been received when personally delivered, or one calendar week following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows:
CONTRACTOR: __________________
__________________
__________________
__________________
CITY: City of Modesto
Purchasing Division
P.O. Box 642
Modesto, CA 95353
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.
#19..
- 742 -
57 18. SIGNATORY(IES) FOR CONTRACTOR:
Each signatory for CONTRACTOR below warrants and represents that it is legally competent to, and have full authority to, execute the AGREEMENT.
19. QUANTITIES: No minimum or maximum is guaranteed or implied.
20. FUNDING: All annual extensions are based upon continuous funding for that purpose by the City Council. Failure to fund any annual extension shall result in an immediate termination of the AGREEMENT without redress.
21. OTHER GOVERNMENT/PUBLICLY FUNDED AGENCIES: If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.
22. NON-DISCRIMINATION:
a. During the performance of this AGREEMENT, CONTRACTOR and any allowed subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, color, ancestry, religion, sex, national origin, marital status, age, medical condition (cancer related), physical handicap (including AIDS), sexual orientation, or any other basis prohibited by Federal or California law. Equal employment opportunity extends, but is not limited to recruitment, compensation, benefits, layoff, termination, and all other conditions of employment. The CONTRACTOR and any allowed subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
The CONTRACTOR and any allowed subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, and Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12900, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full. #19..
- 743 -
58 b. The CONTRACTOR and any allowed subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
c. The CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in any allowed subcontracts to perform SERVICES. d. The Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this AGREEMENT. e. By executing this AGREEMENT, CONTRACTOR certifies that it shall follow and be in compliance with the Americans with Disabilities Act of 1990, the applicable administrative requirements promulgated in response thereto, and any other applicable Federal laws and regulations relating to handicap discrimination and participation and will continue to do so for at least the duration of the AGREEMENT and any extensions thereof.
23. CONTRACTOR LICENSES & PERMITS: CONTRACTOR warrants and represents that it possesses and shall maintain all licenses, and shall secure and maintain all necessary permits, necessary to perform the SERVICES.
24. RECORDS: All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that CONTRACTOR prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the CITY. CONTRACTOR hereby agrees to deliver those documents to the CITY upon termination of the AGREEMENT, and the CITY may use, reuse, or otherwise dispose of the documents without CONTRACTOR’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this AGREEMENT are prepared specifically for the City and are not necessarily suitable for any future or other use. #19..
- 744 -
59 25. FACILITIES AND EQUIPMENT: Except as set forth herein, CONTRACTOR shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this AGREEMENT. CITY shall make available to CONTRACTOR only the facilities and equipment listed in EXHIBIT “B” and “C”, and only under the terms and conditions set forth herein.
26. INDEPENDENT CONTRACTOR; NOT AGENT: At all times during the term of this AGREEMENT, CONTRACTOR shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this AGREEMENT. Except as City may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this AGREEMENT to bind City to any obligation whatsoever.
27. DRUG FREE WORKPLACE: CONTRACTOR certifies that it is following and in compliance with Sections 8350 - 8355 of Chapter 5.5 of the Government Code, Drug Free Workplace Act whereby each person or organization awarded a contract/purchase order or grant for the procurement of any property or service from any state agency (city) shall certify to the contracting or granting agency that it will provide a drug free workplace.
28. ASSIGNMENT:
Neither this AGREEMENT nor any SERVICES hereunder shall be subcontracted or assigned by CONTRACTOR without the prior written consent of the CITY in each and every instance.
29. WAIVER:
The waiver by any party to this AGREEMENT of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.
30. HEADINGS NOT CONTROLLING:
Headings used in the Agreement are for reference purposes only and shall not be considered in construing this AGREEMENT.
#19..
- 745 -
60 31. MISCELLANEOUS:
Time is of the essence in CONTRACTOR’s performance under each provision of this AGREEMENT.
32. ENTIRE AGREEMENT:
This Agreement and its exhibits contain the entire understanding between CONTRACTOR and CITY.
Additional or new terms contained in this AGREEMENT which vary from CONTRACTOR’S bid are controlling and are deemed accepted by CONTRACTOR by performance of any SERVICES or other commencement of performance hereunder. The terms and conditions of the IFB, attached hereto as Exhibit C, are incorporated herein. In the event of a conflict between the IFB and this AGREEMENT, this AGREEMENT shall control. All previous bids, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver or exception to any of the terms, conditions, and provisions of this AGREEMENT shall be considered valid unless specifically agreed to in writing by the parties.
33. PARTIAL INVALIDITY:
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
#19..
- 746 -
61 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2023-_______, adopted by the Council of the City of Modesto on the _____________ day of _____________________, 2023 and _____________________has caused this Agreement to be duly executed.
CITY OF MODESTO, CONTRACTOR
A municipal corporation
By: __________________________ By: _________________________________ JOSEPH P. LOPEZ, (Signature)
City Manager
By: _________________________________
(Name & Title)
ATTEST: Date: _______________________________
By: __________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:
By: ____________________________
JOSE M. SANCHEZ,
City Attorney
By: ____________________________
JOE F. RODRIQUEZ,
Risk Manager
#19..
- 747 -
#19..
- 748 -
#19..
- 749 -
ITEM # ITEM/DESCRIPTION
ESTIMATED
ANNUAL
QTY
UNIT OF
ISSUE
Project 1 - Continuous Annual Sampling
A1 Anions by Ion Chromatography (300.0) 80 EA $ 15.00 $ 1,200.00 $ 132.00 $ 10,560.00 $ 20.00 $ 1,600.00 A2 Arsenic Only (200.8) 300 EA $ 15.00 $ 4,500.00 $ - $ - $ 15.00 $ 4,500.00 A3 Asbestos – TEM 10 EA $ 300.00 $ 3,000.00 $ - $ - $ 183.00 $ 1,830.00 A4 Carbamates (531.1) 10 EA $ 90.00 $ 900.00 $ - $ - $ 115.00 $ 1,150.00 A5 Cyanide – F (SM4500) 5 EA $ 40.00 $ 200.00 $ - $ - $ 65.00 $ 325.00 A6 Diquat (549.2) 5 EA $ 90.00 $ 450.00 $ - $ - $ 140.00 $ 700.00 A7 EDB/DBCP (504.1) 400 EA $ 45.00 $ 18,000.00 $ - $ - $ 65.00 $ 26,000.00 A8 Endothall (548.1) 5 EA $ 90.00 $ 450.00 $ - $ - $ 130.00 $ 650.00 A9 Glyphosate (547) 5 EA $ 90.00 $ 450.00 $ - $ - $ 115.00 $ 575.00 A10 GM/IO/GP (Various) 200 EA $ 215.00 $ 43,000.00 $ - $ - $ 250.00 $ 50,000.00 A11 Gross Alpha Particle Activity (900) 10 EA $ 60.00 $ 600.00 $ - $ - $ 50.00 $ 500.00 A12 Gross Beta Particle Activity (900) 10 EA $ 60.00 $ 600.00 $ - $ - $ 50.00 $ 500.00 A13 HAA5 (552.2) 150 EA $ 70.00 $ 10,500.00 $ - $ - $ 90.00 $ 13,500.00 A14 Herbicides (515.3) 5 EA $ 90.00 $ 450.00 $ - $ - $ 175.00 $ 875.00 A15 Manganese Only (200.8) 80 EA $ 15.00 $ 1,200.00 $ - $ - $ 15.00 $ 1,200.00 A16 Nitrate as N (EPA 300.0 ) 2,000 EA $ 15.00 $ 30,000.00 $ 30.50 $ 61,000.00 $ 20.00 $ 40,000.00 A17 Nitrite as N (EPA 300.0) 80 EA $ 15.00 $ 1,200.00 $ 30.50 $ 2,440.00 $ 20.00 $ 1,600.00 A18 Nitrosamines (521) 10 EA $ 15.00 $ 150.00 $ - $ - $ 245.00 $ 2,450.00 A19 OCP and PCB (508) 10 EA $ 90.00 $ 900.00 $ - $ - $ 115.00 $ 1,150.00 A20 Polynuclear Aromatics (525.2) 10 EA $ 90.00 $ 900.00 $ - $ - $ 135.00 $ 1,350.00 A21 TCP SRL 524M-TCP (with 0.7 ppt low detection reported) 600 EA $ 90.00 $ 54,000.00 $ - $ - $ 70.00 $ 42,000.00 A22 Radium 226 (903.0) 15 EA $ 125.00 $ 1,875.00 $ - $ - $ 113.00 $ 1,695.00 A23 Radium 228 (Ra - 05) 15 EA $ 125.00 $ 1,875.00 $ - $ - $ 140.00 $ 2,100.00 A24 Title 22 Metals (200.8) 30 EA $ 15.00 $ 450.00 $ - $ - $ 12.50 $ 375.00 A25 Total Organic Carbon (SM5310 A-D) 10 EA $ 40.00 $ 400.00 $ - $ - $ 49.00 $ 490.00 A26 TTHM (524.2) 150 EA $ 45.00 $ 6,750.00 $ - $ - $ 75.00 $ 11,250.00 A27 Uranium (908.1) 600 EA $ 15.00 $ 9,000.00 $ - $ - $ 25.00 $ 15,000.00 A28 VOC (524.2) 150 EA $ 75.00 $ 11,250.00 $ - $ - $ 125.00 $ 18,750.00 A29 PCE/TCE only 10 EA $ 75.00 $ 750.00 $ - $ - $ 75.00 $ 750.00 A30 Lead and Copper (every 3 years) 350 EA $ 30.00 $ 10,500.00 $ - $ - $ 25.00 $ 8,750.00 A31 Per and Polyfluoroalkyl Substances (EPA 533) 15 EA $ 325.00 $ 4,875.00 $ - $ - $ 350.00 $ 5,250.00 A32 Chromium VI (218.6) 10 EA $ 45.00 $ 450.00 $ - $ - $ 50.00 $ 500.00 A33 Colilert 18 – P/A 5,000 EA $ 14.00 $ 70,000.00 $ 27.50 $ 137,500.00 $ 20.00 $ 100,000.00 A34 Conductivity (SM2510B) 300 EA $ 7.00 $ 2,100.00 $ 12.00 $ 3,600.00 $ 20.00 $ 6,000.00 A35 Colisure – P/A 50 EA $ 14.00 $ 700.00 $ - $ - $ 20.00 $ 1,000.00 A36 HPC 1,000 EA $ 18.00 $ 18,000.00 $ 22.00 $ 22,000.00 $ 30.00 $ 30,000.00 A37 MPN 100 EA $ 18.00 $ 1,800.00 $ 31.00 $ 3,100.00 $ 30.00 $ 3,000.00 A38 %Brine 40 EA $ 5.00 $ 200.00 $ - $ - $ - $ -
A39 TDS (SM2540C) 600 EA $ 15.00 $ 9,000.00 $ 18.00 $ 10,800.00 $ 16.00 $ 9,600.00 Total $ 322,625.00 $ 251,000.00 $ 406,965.00
ePay minus 1% Rebate (Option A) $ 3,226.25 $ 2,510.00 $ - Total $ 319,398.75 $ 248,490.00 $ 406,965.00
PROJECT 2 - UCMR5
B1
11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid (11ClPF3OUdS) (EPA 533) 280 EA $ 325.00 $ 91,000.00 $ - $ - $ - $ - B2
9-chlorohexadecafluoro-3-oxanonane-1-sulfonic acid (9ClPF3ONS) (EPA 533) 280 EA $ - $ - $ - $ - B3 4,8-dioxa-3H-perfluorononanoic acid (ADONA) (EPA 533) 280 EA $ - $ - $ - $ - B4 hexafluoropropylene oxide dimer acid (HFPO DA) (EPA 533) 280 EA $ - $ - $ - $ - B5 nonafluoro-3,6-dioxaheptanoic acid (NFDHA) (EPA 533) 280 EA $ - $ - $ - $ - B6 perfluoro butanoic acid (PFBA) (EPA 533) 280 EA $ - $ - $ - $ - B7 perfluorobutanesulfonic acid (PFBS) (EPA 533) 280 EA $ - $ - $ - $ - B8
1H,1H, 2H, 2H-perfluorodecane sulfonic acid (8:2FTS) (EPA 533) 280 EA $ - $ - $ - $ -
B9 perfluoro decanoic acid (PFDA) (EPA 533) 280 EA $ - $ - $ - $ - B10 perfluoro dodecanoic acid (PFDoA) (EPA 533) 280 EA $ - $ - $ - $ - B11 perfluoro(2-ethoxyethane)sulfonic acid (PFEESA) (EPA 533) 280 EA $ - $ - $ - B12 perfluoroheptanesulfonic acid (PFHpS) (EPA 533) 280 EA $ - $ - $ - $ - B13 perfluoro heptanoic acid (PFHpA) (EPA 533) 280 EA $ - $ - $ - $ - B14
1H,1H, 2H, 2H-perfluorohexane sulfonic acid (4:2FTS) (EPA 533) 280 EA $ - $ - $ - $ -
B15 perfluorohexanesulfonic acid (PFHxS) (EPA 533) 280 EA $ - $ - $ - $ - B16 perfluoro hexanoic acid (PFHxA) (EPA 533) 280 EA $ - $ - $ - $ - B17 perfluoro-3-methoxypropanoic acid (PFMPA) (EPA 533) 280 EA $ - $ - $ - $ - B18 perfluoro-4-methoxybutanoic acid (PFMBA) (EPA 533) 280 EA $ - $ - $ - $ - B19 perfluoro nonanoic acid (PFNA) (EPA 533) 280 EA $ - $ - $ - $ - B20
1H,1H, 2H, 2H-perfluorooctane sulfonic acid (6:2FTS) (EPA 533) 280 EA $ - $ - $ - $ -
B21 perfluorooctanesulfonic acid (PFOS) (EPA 533) 280 EA $ - $ - $ - $ - B22 perfluorooctanoic acid (PFOA) (EPA 533) 280 EA $ - $ - $ - $ - B23 perfluoropentanoic acid (PFPeA) (EPA 533) 280 EA $ - $ - $ - $ - B24 perfluoropentanesulfonic acid (PFPeS) (EPA 533) 280 EA $ - $ - $ - $ - B25 perfluoro undecanoic acid (PFUnA) (EPA 533) 280 EA $ - $ - $ - $ - B26
N-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA) (EPA 537.1) 280 EA $ - $ - $ - $ -
B27
N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA) (EPA 537.1) 280 EA $ - $ - $ - $ -
B28 perfluorotetradecanoic acid (PFTA) (EPA 537.1) 280 EA $ - $ - $ - $ - B29 perfluoro tridecanoic acid (PFTrDA) (EPA 537.1) 280 EA $ - $ - $ - $ - B30 Lithium (EPA 200.7) 280 EA $ 45.00 $ 12,600.00 $ - $ - $ - $ - Total $ 103,600.00 NO BID NO BID
ePay minus 1% Rebate (Option A) $ 1,036.00
Total $ 102,564.00
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
Included with B1 Pricing
PO BOX 642 MODESTO CA 95353
CITY OF MODESTO
Modesto, CA
IEH-JL Analytical
Livermore, CA Fresno, CA
Alpha Labs, Inc. Moore Twining Associcates
IFB 2223-13 ANALYTICAL LABORATORY TESTING SERVICES
#19..
- 750 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
May 2, 2023
Date: April 11, 2023
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: Labworks LIMS Annual Maintenance Support Agreement CONTACT: Jason Farnsworth, Wastewater Division Manager, [email protected] 209-577-6255
DESCRIPTION:
Consider approving an Agreement with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, for a total amount not to exceed $96,864 over five (5) years. (Funding Source: Sewer Operation Fund)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City of Modesto’s Wastewater Division is responsible for maintaining compliance with various State and Federal regulations as directed in the City’s National Pollutant Discharge Elimination System (NPDES) permits, a Waste Discharge Requirements permit, and 40 CFR (Code of Federal Regulations).
In order to remain in compliance with the various permits and regulations, required samples must be analyzed by a State certified laboratory. Environmental Laboratory Accreditation Program (ELAP) is the California laboratory accrediting body.
The City of Modesto’s Water Quality Control (WQC) laboratory is ELAP certified. ELAP standards require certified laboratories to maintain a data management system.
In order to maintain compliance with ELAP standards, the WQC laboratory utilizes Labworks Laboratory Information Management System (LIMS) software to meet ELAP’s data management system requirements.
On January 7, 2014, by Resolution No. 2014-06, Council approved the award of proposal and contract for the implementation and annual maintenance of LIMS software for the Wastewater #20..
- 751 -
City Council, May 02, 2023
Labworks LIMS Annual Maintenance Support Agreement