Public Water System Laboratory Qualification Specifications

2 GENERAL INFORMATION / BACKGROUND The City of San Fernando is requesting proposals from qualified commercial laboratory firms to provide full-service environmental testing under the Safe Drinking Water Act and/or the National Environmental Laboratory Accreditation Program (TNI). The City is seeking a reliable contract laboratory and regulatory information resource who routinely analyzes more than 200 individual water quality parameters for water and analyses according to 40 CFR 141 and 40 CFR 136 and other acceptable water quality test methodologies. The City anticipates executing a multi-year contract with the option to renew on a fiscal-year basis for up to five (5) years. MINIMUM REQUIREMENTS All firms must meet the following minimum requirements to participate in the City's Request for Proposals (RFP) process: 1. Certifications • The NELAC Institute (TNI) Licensure • State of California ELAP Licensure for Specialized Methods o Hexavalent Chromium BY EPA 218.6 and EPA 218.7 o

1,2,3-TCP BY SRL Method o TBA by EPA 524.2m o Volatiles by EPA 524.3 o Perchlorate by EPA 331 o Cryptosporidium/Giardia by EPA 1623 • EPA Lab Approval for UCMR5 & PFAS • Ninety-Five percent of all analyses listed in the RFP conducted in-house without subcontracting 2. Capacity • At least 1 dedicated instrument for each analysis • At least 2 dedicated instruments and 2 dedicated staff members for all major methods (Volatile Organics, Perchlorate, Nitrate, Hexavalent Chromium, PFAS) • At least 1 dedicated in-house Courier staff 3. Customer Services • Located within 75 miles of the requesting public water system • Available for deliveries and pick-ups 5 days per week & Weekend/Holidays for emergency samples. • Web-based client access portal and date reporting system • EDT to State Water Board (Write On, Geotracker) • EDT to the EPS CDX systems • EDD capability and example (SAMS, WaterTrax, HachWIMS) • CLIP 3 SCOPE OF SERVICES To provide full-service environmental testing under the Safe Drinking Water Act and/or the National Environmental Laboratory Accreditation Program (TNI), contractor shall provide the following services: 1. Project coordination to ensure all scheduling of analysis meets project specific requirements and regulatory deadlines. 2. Vendor must have the ability to supply bottles, labels and materials for collection and handling of samples, including sample bottle kits and properly sized ice chests. 3. Provide courier services for the pick-up and delivery of samples to the laboratory facility. 4. Acknowledge receipt of samples by completing the chain-of-custody form for each set of samples and returning a copy of the completed chain-of-custody form with the corresponding analysis reports. 5. Analysis shall be performed only within the procedures approved for the Vendor under certification by CA-ELAP, and with appropriate quality assurance/quality control practices. 6. Methods shall be as described in accordance with Title 22 and 40 CFR Part 141 for the drinking water program. 7. The Vendor must ensure that analysis performed shall have verifiable method detection levels (MDLs), Method Reporting Limits (MRLs), Practical Quantitation limits (PQLs), instrument limits (ILs), and other limits consistent with USEPA and/or the City’s accepted standards. 8. Analyses will be conducted in the standard turnaround. The Vendor will also have facility to complete expedited service. 9. If there is need for the City to re-sample due to an error that is the fault of the contracted laboratory (i.e. requested analysis is not completed by the lab, sample is dropped, holding times are expired before analysis is complete, etc.), the analysis of the re-sample will be done at no extra charge to the City. 10. Vendor shall submit the analysis reports with the corresponding invoices for services. 11. Vendor must be able to provide reports in both electronic deliverable format such that data can be integrated into LIMS, electronic data transfer to Regional Water Quality Control Board’s Geotracker site, electronic data transfer to state CLIP database such that data can 4 be reported to the state, and other electronic formats as requested by the City (CD, email, etc.). 12. Vendor shall submit the report within the requested turnaround time. 13. Vendor shall complete the copy of the current Chain-of-Custody form initiated by the City and provide the Sample Receiving and Chain-of-Custody standard operating procedure 14. Data shall be available on the online portal for City use within the requested turnaround time. 15. The Vendor will furnish SDS forms for every product delivered, as required. 16. During the emergency, Vendor will provide the City of San Fernando with all available supplies, materials, equipment and/or services on a priority basis. LABORATORY SERVICES Contract terms may include, but will not be limited to: 1. Full documentation of laboratory testing and materials costs, by measure, with negotiated and agreed-to mark-ups or fees presented in an open-book pricing/cost structure; 2. Detailed description of services to be provided; 3. Key staffing assignments and guarantee of availability of assigned key staff to provide laboratory results regulatory resource information; 4. Specific financing arrangements and terms; 5. A requirement for a performance bond guaranteeing that the facility will be either available as indicated, or plan of action in the event of default. ANTICIPATED REQUIRED TESTING The following list consists of what the City deems the most frequently ordered “water quality laboratory test” to be performed. • Total/Fecal Coliform w/E.Coli (presence/absence • Total Coliform (MPN) 5 • Heterotrophic Plate Count • Nitrate as N • Nitrate as N (same day results) • Nitrite as N • Sulfate • Fluoride • Conductivity • General Mineral & Inorganics • Arsenic • Lead and Copper • General Physical • Perchlorate (2ppb) • Perchlorate (1ppb) • Hexavalent Chromium • Asbestos • Trihalomethanes • Haloacetic Acids • Gross Alpha • Volatile Organics (short list) • Volatile Organics (extended list) • 1,2,3-Trichloropropane • Nitrosamines (NDMA only) • Nitrosamines (extended list) • Synthetic Organics (551, 525, 505, 515, 531, 547, 548, 549, 1613) • UCMR 5 • PFAS • Title 22 *Firm must state within proposal the ability to perform each test stated above. If not able to perform a particular test, Firm must provide an alternate method. INSTRUCTIONS TO SUBMITTING FIRMS A. Examination of Proposal Documents By submitting a proposal, the prospective firm represents that it has thoroughly examined and become familiar with the services required under this RFP, and that it is capable of delivering quality services to the City in an efficient and cost-effective & manner. B. Questions/Clarifications Please direct any questions regarding this RFP to Alex Mendez, Water Superintendent, via email at Amendez@sfcity.org. Questions must be received by 2:30 p.m. on Friday, April 5, 6 2024. All questions received prior to the deadline will be collected and responses will be posted on City’s website by Tuesday, April 9, 2024. C. Submission of Bid Proposals All proposals shall be submitted via email to Victor Meza, Water Operations Manager and Alex Mendez Water Superintendent, at vmeza@sfcity.org, Amendez@sfcity.org and the subject line of the email shall read, “City of San Fernando RFP – Public Water System Laboratory Qualification Specifications.” *Proposals must be received on or before 2:30 p.m. Friday, April 12, 2024. All proposals received after that time will not be accepted. D. Withdrawal of Proposals A firm may withdraw its proposal at any time before the due date for submission of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of the prospective firm. E. Rights of City of San Fernando This RFP does not commit the City to enter into a Contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract. The City reserves the right to: 1) Make the selection based on its sole discretion; 2) Reject any and all proposals without prejudice; 3) Issue subsequent Requests for Proposal; 4) Postpone opening for its own convenience; 5) Remedy technical errors in the Request of Proposal process; 6) Approve or disapprove the use of particular sub-contractors; 7) Negotiate with any, all, or none of the prospective firms; 8) Solicit best and final offers from all or some of the prospective firms; 9) Accept other than the lowest offer; and/or 10) Waive informalities and irregularities in the proposal process. F. Contract Type A standard form professional services agreement (Attachment A) will be executed subsequent to the Director of Public Works’ review and City Council approval of the recommended firm. mailto:Amendez@sfcity.org 7 G. Collusion By submitting a proposal, each prospective firm represents and warrants that; its proposal is genuine and not a sham or collusive or made in the interest of or on behalf of any person not named therein; that the prospective firm has not directly, induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and, that the prospective firm has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal. SCHEDULE FOR SELECTION RFP Available: March 18, 2024 Deadline for submittal of Questions: April 5, 2024 Response to Questions: April 9, 2024 Deadline for submittal of Proposal: April 12, 2024 Interviews (if necessary) April 2024 Execute Agreement: May 2024 SELECTION CRITERIA The City of San Fernando will select the firm on the basis of qualifications and experience. The following general selection criteria will be used to evaluate each firm: 1. Qualifications and knowledge of Firm and key personnel’s experience most closely related to the stated scope of services 2. Relevant experience within the past 10 years and references 3. Responsiveness to and clarity of the Request for Proposal 4. Cost Proposal CONTENTS OF PROPOSAL The following information shall be submitted in response to this RFP: 1. The Firm's Qualifications and Experience • Profile of Firm • Positive references from Water Agencies • Similar work experience 8 • Statement of qualifications 2. Firm/Staff Availability • Staffing expertise • Strength and stability of Firm • Current work load/availability 3. Service Understanding • Understanding of service objectives • Understanding of needs • Knowledge of the Water Industry and Laboratory Industry 4. Scope of Work • Detailed and addresses the minimum requirements • Reasonableness of Proposed Service Approach • Turn Around Time / Commitment to Customer Service 5. Proposal Quality • Meet General submission Requirements • Meet Proposal Presentation Criteria • Follow Required Format 6. Schedule • Submit a detailed schedule as well as description of tasks, subtasks and deliverables 7. Fee Proposal • Fee shall be shown on last page of proposal 8. References • Three (3) references from public sector clients the firm has contracted with for similar Water System Laboratory Testing Services within the last five (5) years. Describe work provided and dates work was performed ATTACHMENT “A” CONTRACT NO. XXXX 2024 CONTRACT SERVICES AGREEMENT (Contractor) Water Testing & Analysis Services THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this _____ day of __________, 2024 by and between the CITY OF SAN FERNANDO, a municipal corporation (hereinafter, “CITY”) and CONTRACTOR (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably. RECITALS WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires Water Testing & Analysis Services; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and WHEREAS, the execution of this Agreement was approved by the San Fernando City Council at its Regular Meeting of _____ __, 2024 under Agenda Item No. ___. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows: SECTION 1. SCOPE OF SERVICES. A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY Water Testing & Analysis Services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “SCOPE OF SERVICES” (hereinafter the “CITY REQUIREMENTS”) and the CONTRACT SERVICES AGREEMENT CONTRACT NO. XXXX Water Testing & Analysis Services Page 2 of 24 written proposal of CONTRACTOR entitled “City of San Fernando RFP – Public Water System Laboratory Qualification Specifications” (hereinafter, the “CONTRACTOR PROPOSAL”) dated DATE OF PROPOSAL. The CITY REQUIREMENTS and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Services” shall be a collective reference to the CITY REQUIREMENTS and the CONTRACTOR PROPOSAL. The capitalized term “Services” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY REQUIREMENTS and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY REQUIREMENTS shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control. B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY. C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein. D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement. Furthermore, CONTRACTOR shall only be compensated for the reasonable value CONTRACT SERVICES AGREEMENT CONTRACT NO. XXXX Water Testing & Analysis Services Page 3 of 24 of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment. SECTION 2. TERM. A. This Agreement shall have a term of Three (3) years (hereinafter, the “Term”). The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of Two (2) additional one-year extension terms, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause. C. CONTRACTOR shall perform the Work continuously and with due diligence. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents. D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner. E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees. F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law. G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines. SECTION 3. PROSECUTION OF WORK. A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of CONTRACT SERVICES AGREEMENT CONTRACT NO. XXXX Water Testing & Analysis Services Page 4 of 24 specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information: 1. A detailed description of the specific services or tasks requested; 2. The location of where the particular services or tasks are to be performed, if applicable; 3. A not-to-exceed budget for performing the services or tasks; 4. A timeline for completing the requested services or tasks; 5. Any other information CITY deems necessary and relevant to the requested services or tasks; and 6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative. B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above. C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible. SECTION 4. COMPENSATION. A. A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR’s DATE quote (hereinafter “CONTRACTOR QUOTE”), which is attached and incorporated hereto as Exhibit “C”. B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion. CONTRACT SERVICES AGREEMENT CONTRACT NO. XXXX Water Testing & Analysis Services Page 5 of 24 The Annual Not-to-Exceed Sum will be paid to CONSULTANT in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONSULTANT will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of- pocket expenses incurred. If the amount of CONSULTANT’s monthly compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACT will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out-of- pocket expenses incurred. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR. SECTION 5. STANDARD OF CARE. CONTRACTOR represents, acknowledges and agrees as follows: A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field; CONTRACT SERVICES AGREEMENT CONTRACT NO. XXXX Water Testing & Analysis Services Page 6 of 24 B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services; C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY; D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; G. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. CONTRACT SERVICES AGREEMENT CONTRACT NO. XXXX Water Testing & Analysis Services Page 7 of 24 Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California. SECTION 6. REPRESENTATIVES. A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be ALEX MENDEZ (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. B. Contractor Representative. For the purposes of this Agreement, CONTRACTOR REPRESENTATIVE, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. SECTION 7. CONTRACTOR’S PERSONNEL. A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel