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HomeMy WebLinkAbout25G - HPPA - DOMESTIC WATER QUALITY TESTING SERVICES REQUEST FOR ,~~~W- COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 3, 2010 TITLE: APPROVED ? As Recommended AGREEMENT FOR DOMESTIC ? AsAmended ? Ordinance on 15f Reading WATER QUALITY TESTING ? ordinance on 2"d Reading SERV{CES ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute the attached two-year agreement with the option to extend for a second two-year term at the same contract amount for domestic water quality testing with Clinical Laboratory of San Bernardino, Inc. in the biennial not-to-exceed amount of $104,918 subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION The California Department of Health Services, in accordance with Title 22 of the California Code of Regulations, enforces the primary and secondary drinking water standards for public water systems. Compliance with these standards requires laboratory testing of the City's water system by a State- approved laboratory. The current City contract for water quality testing will expire in June 2010. Therefore, Request for Proposals to provide the required testing were sent to five laboratories. Four proposals were received and evaluated by athree-member selection committee. Following the rating of the laboratories, the fee proposals of the top three rated laboratories were opened. The composite ratings and requested fees are as follows: RATING FEE TestAmerica 92.7 $100,372 Clinical Laboratory of San Bernardino, Inc. 91.0 $ 95,380 E. S. Babcock and Sons, Inc. 84.7 $181,472 25G-1 Agreement for Domestic Water Quality Testing Services May 3, 2010 Page 2 Staff recommends that the number-two-rated firm of Clinical Laboratory of San Bernardino, Inc. be retained for this service. This recommendation is based on the following: 1. They were highly rated on the basis of experience, qualifications, and excellent past service record by all three members of the selection committee. 2. They have been providing water quality testing as astate-approved laboratory since 1968 and are the City's current contract laboratory. 3. Their fee is the most competitive. Staff further recommends that a 10 percent contingency be included in the agreement for anot- to-exceed biennial amount of $104,918. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Quality and Measurement program (accounting unit 06017644- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: r-- Raul Godinez II Francisco Gutierrez Executive Directo Executive Director Public Works Agency Finance & Management Services Agency RG/TD/mz Exhibit 1: Agreement 25G-2 AGREEMENT FOR PROVISION OF WATER QUALITY TESTING SERVICES THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between Clinical Laboratory of San Bernardino, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of domestic water quality testing. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide domestic water quality testing in accordance with "Standard Methods", Title 22 of the California Code of Regulations, entitled "California Domestic Water i Quality and Monitoring Regulations", and the Code of Federal Regulations. Such testing shall include bacteriological quality, general physical quality, general mineral, nitrate/nitrite, inorganics, fluoride, haloacetic acids and total triahalomethanes. All work shall be performed in accordance with City's Request for Proposals dated February 2010, attached hereto as Exhibit A, and incorporated by reference. 2. DELIVERY OF WORK PRODUCT -OWNERSHIP Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Proposal, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $104,918.00 during the term of this Agreement. EXHIBIT 1 25G-3 b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on July 1, 2010 and terminate on June 30, 2012, unless terminated earlier in accordance with Section 13, below. The City may extend the term for an additional two year period upon the exercise of an option executed by the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25G-4 d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. £ If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the 25G-5 Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 facsimile (714) 647-6956 With courtesy copies to: Public Works -Water Quality Coordinator City of Santa Ana 220 S. Daisy Avenue (M-85) Santa Ana, California 92703 facsimile (714) 647-3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. BOX 1988 Santa Ana, California 92702 facsimile (714) 647-6515 To Consultant: Clinical Laboratory of San Bernadino 21881 Barton Road Grand Terrace, California 92313 Facsimile (909) 825-7693 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25G-6 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION -VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement 25G-7 shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA II ATTEST: MARIA R. HUIZAR DAVID N. REAM Clerk of the Council City Manager APPROVED AS TO FORM: CLINICAL LABORATORY OF SAN BERNADINO JOSEPH W.FLETCHER City Attorney By: Laura Sheedy BOB GLAUBIG Assistant City Attorney Laboratory Director Tax ID # 25G-8 EXHIBIT A SCOPE OF WORK A. SAMPLING 1. BACTERIOLOGICAL QUALITY a. Routine: Samples shall be collected by the Consultant, in appropriate sterilized bottles to which a chlorine reducing agent has been properly added, on a weekly basis at 50 designated sample points (Table 1). Total coliform analyses will be conducted using either the multiple tube fermentation method analyzing a minimum of 100-m1 of water either with using 5-tube 20-m1 portions or 10-tube 10-m1 portions, the membrane filter technique, the presence/absence (P-A) coliform test, or the minimal medium (coliform) test. Reporting of positive samples shall be based on the presence or absence of coliforms in each sample rather than an estimation of coliform density. Upon detecting that either a routine or repeat sample is either total coliform or fecal coliform positive, or a sample is invalidated due to interference problems, the Consultant shall notify the City within twenty-four hours. To complete the notification, consultant must contact a live individual. Voice mail and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City is the Water Services Quality Inspector at (714) 647- 3341 or the Water Services Quality Coordinator at (714) 647-3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647-3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend or holiday, the Water Services Quality Inspector should be contacted at (714) 371-6779. In addition, a copy of the City's Emergency Notification Plan (Attachment A) is attached. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558-4410. Upon detecting that a routine or repeat sample is total coliform positive, the Consultant shall perform a fecal coliform test. The Consultant shall, within twenty-four hours after notifying the City that a single routine sample is total coliform positive, collect three repeat samples. One shall be from the same total coliform positive sample point. The other two locations shall be determined by the City, one to be located within five service connections upstream and the other within five service connections downstream of the total coliform positive sample point (Table 3). If total coliforms are detected in any repeat sample, the Consultant must within twenty-four hours, after notifying the City that a repeat sample is total coliform positive sample, collect another set of repeat samples from the same locations. 25G-9 b. Water Mains or System Repairs: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent had been properly added. Sampling may consist of two samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The Consultant shall notify the City of the results by fax within four hours of the completion of the test. c. Wells: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling shall consist of twenty samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. d. Customer Complaint: Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 2. HETEROTROPHIC PLATE COUNT Samples shall be collected by the Consultant in appropriate sterilized bottles to which a chlorine reducing agent has been added on a weekly basis at the same time and at the same 50 designated sample points (Table 1). Consultant shall use the necessary dilutions to report the results at concentrations up to 500 colony forming units per milliliter. 3. TOTAL CHLORINE RESIDUAL Samples shall be field analyzed by the Consultant on a weekly basis at the same time and at the same 50 designated sample points (Table 1). DPD method of analysis and the reading shall be made by the means of a colorimeter. Color disc is not acceptable. Results must be reported to 0.1 mg/1. Colorimeter must be calibrated per the manufacturers requirements. 4. GENERAL PHYSICAL QUALITY a. Routine: the Consultant shall collect Samples in appropriate sample bottles on a monthly basis at the 50 designated sample points (Table 1). The analysis shall consist of turbidity, odor, color, field pH, and temperature. b. Customer Complaint: Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The analysis shall consist of turbidity, odor, and color. 5. GENERAL MINERAL Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis and shall be picked 25G-10 up the Consultant at the City Corporate Yard Meter Shop within twenty-four hours of notification. 6. INORGANICS Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twenty-four hours of notification. 7. TRIHALOMETHANES The City shall collect samples in specially designed sample vials containing a chlorine reducing agent and sealed with TFE-faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 8. HALOACETIC ACIDS The City shall collect samples in specially designed sample vials containing crystalline NH4C1, which converts free chlorine to a combined chlorine residual and sealed with TFE-faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 9. NITRATE/NITRITE Samples shall be collected by the City in specially prepared sample bottles and shall consist of six nitrate samples on a monthly basis and an additional six samples on a quarterly basis. Nitrite samples shall consist of nine samples on asemi-annual basis. The Consultant shall pick up samples at the City Corporate Yard Meter Shop within twelve hours of notification. Upon detecting nitrate level above the MCL of 40 mg/1 as NO3 is exceeded, the Consultant shall notify the City within twenty-four hours. To complete the notification consultant must contact a live individual. Voice mail and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City is the Water Services Quality Inspector at (714) 647-3341 or the Water Services Quality Coordinator at (714) 647-3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647-3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend of holiday, the Water Services Quality Inspector may be contacted at (714) 371-6779. In addition, a copy of the City's Emergency Notification Plan (Attachment A) is attached. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558-4410. 25G-11 10. FLUORIDE Samples shall be collected by the Consultant, in appropriate sterilized bottles on a monthly basis at the 10 designated sample points (Table 1). B. REPORTING REQUIREMENTS 1. Reports: The Consultant shall provide the following information within seven days of the completion of each analysis: a. Name of the laboratory and either the person responsible for performing the analysis or the laboratory director. b. Date of report. c. The analytical method used. d. The name, date, and time of sampling and identification of the person who collected the sample. e. Identification of the sample as a routine, repeat, replacement, or "other" sample when appropriate. 2. Chain of Custody: The Consultant shall provide to the City chain of custody forms for each sample collected by the City when the Consultant provides the necessary sample container. 25G-12 FEE PROPOSAL (Number of samples are an estimated annual amount) 1. BACTERIOLOGICAL OUALITY a. Routine Total Coliform 5,200 samples @ 7.00 ea = $ 36,400.00 b. Water Mains 48 samples @ 5.00 ea = $ 240.00 c. Reservoirs 24 samples @ 5.00 ea = $ 120.00 d. Customer Complaint 100 samples @ 5.00`_ea = $ 500.00 2. HETEROTROPHIC PLATE COUNT 5,200 samples @ 4.00 ea = $ 20,800.00 3. TOTAL CHLORINE RESIDUAL 5,200 samples @ 1.50 ea = $ 7,800.00 4. GENERAL PHYSICAL QUALITY a. Routine 1,200 samples @ 6.00 ea = $ 7,200.00 b. Customer Complaint 100 samples @ 4.00 ea = $ 400.00 5. GENERAL MINERAL 60 samples @ 80.00 ea = $ 4,800.00 6. INORGANICS 40 samples @ 120.00 ea = $ 4,800.00 7. TRIHALOMETHANES 96 samples @ 30.00 ea = $ 2,880.00 8. HALOACETIC ACIDS 96 samples @ 60.00 ea = $ 5,760.00 9. NITRATE/NITRITE 260 samples @ 8.00 ea = $ 2,080.00 10. FLUORIDE 200 samples @ 8.00 ea = $ 1,600.00 TOTAL $ 95,380.00 25G-13 25G-14