HomeMy WebLinkAbout25D - AGMT - WATER QUALITY SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 3, 2014
TITLE:
AGREEMENT WITH CLINICAL
LABORATORY OF SAN BERNARDINO,
INC., FOR WATER QUALITY TESTING
SERVICES
�j
J CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
•.• k
❑ As Recommended
❑
As Amended
❑
Ordinance on 18' Reading
❑
Ordinance on 2 "d Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Clinical
Laboratory of San Bernardino, Inc., subject to nonsubstantive changes approved by the City
Manager and City Attorney, to provide domestic water quality testing services, for a two -year
period expiring on June 2, 2016, with provisions for two, two -year renewal options exercisable by
the City Manager and City Attorney, in an amount not to exceed $140,000 for each term, for a total
aggregate amount not to exceed $420,000.
DISCUSSION
Approval of this recommended action will allow the City to continue water quality testing, which is a
requirement of the California Department of Health Services. Clinical Laboratory of
San Bernardino, Inc., is a State- approved provider and the top -rated firm identified through a
recent Request for Proposals (RFP) process.
The City's Public Works Agency, Water Resources Division, administers and maintains the public
water system which provides high - quality drinking water to the residents and businesses of
Santa Ana. 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. The City, as a public water system, must comply with these drinking water
standards which require laboratory testing of the water system by a State- approved laboratory.
On March 13, 2014, the Public Works Agency advertised an RFP on the City's website, as well as
with the City's bidding service (Planet Bids) to solicit proposals from qualified, State- approved
laboratories to perform the required water quality testing. Two proposals were received and
evaluated by a selection committee. The composite ratings and fees are as follows:
Laboratory
1. Clinical Laboratory of San Bernardino, Inc.
2. E.S.B. Babcock Laboratories, Inc.
Rating
Fee
94.7
$58,926
86.0
$107,776
2501-1
Agreement with Clinical Laboratory of San Bernardino, Inc.,
for Water Quality Testing Services
June 3, 2014
Page 2
Staff recommends awarding a contract to Clinical Laboratory of San Bernardino, Inc., based on its
high rating, competitive pricing, and excellent service record.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available in the Water Quality and Measurement Fund (Account 06017644 - 62300)
Edwin "William" Gaty , P.E.
Interim Executive Director
Public Works Agency
EWG /NS /RR
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director N'
Finance & Management Services Agency
25D -2
THIS AGREEMENT, made and entered into this 3 x day of June, 2014 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").
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 tinder this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting fine 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 Reguhnions, entitled "California Domestic Water
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 March 13, 2014, 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 Schedule, attached hereto as Exhibit B, and
incorporated by reference. The total sum to be expended under this Agreement shall not exceed
$140,000.00 during the tern of this Agreement.
25D -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.
G� V :7l
This Agreement shall commence on June 3, 2014 and terminate on June 2, 2016, unless
terminated earlier in accordance with Section 13, below. The City may extend the term for two
(2) additional two- year periods for a sum not to exceed $140,000.00 for each of said periods upon
the exercise of an option executed by the City Manager and the City Attorney.
5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire tern 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, umemployment 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 mid 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 tinder this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurance with limits not less than $1,000,000 per accident.
25D -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.
c. 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.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to firmish 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
it jury damages, just compensation, restitution, judicial or equitable relief due to personal or
property rights vises by reason of the terns of, or effects arising from this Agreement. City may
make all reasonable decisions with respect to its representation in any legal proceeding.
S. 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 infom>ltion transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either panty 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 solaces; (b) is, through no fault
of the Consultant disclosed in a publicly available source; (c) is in rightfiil possession of the
25D -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 pursnant 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,
25D -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 terns 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 Stich 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 tenmination,
subject to the following conditions:
a. Asa 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 mfless 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
25D -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,
pewits, 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 terns 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.
ATTEST:
MARIA. R. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
Sonia Carvalho
j rney ca City Attorney
25D -8
CITY OF SANTA ANA
DAVID CAVAZOS
City Manager
CLINICAL LABORATORY OF
SAN BERNADINO
BOB GLAUBIG
Laboratory Director
Tax ID #
Agreement Exhibit A
REQUEST FOR PROPOSALS (RFP)
M
WATER QUALITY SAMPLING & TESTING SERVICES
RFP # 14 -017
CITY OF SANTA ANA
Santa Ana Public Works Department
20 Civic Center Plaza
Santa Ana, CA 92701
Thomas Dix
Water Quality Coordinator
(714) 647 -3316 Office
(714) 647 -3345 Fax
tdix(a?santa- ana.oro
KEY RFP DATES:
Issue Date: March 13. 2014
Proposal Due Date: April 10, 2014, by 4:00 pm.
Projected Award Date: May 20, 2014
RFP #14 -017 — Water Quality Sampling & Testing Services
Page 1
25D -9
Agreement Exhibit A
NOTICE INVITING PROPOSALS
NOTICEIS HEREBY GIVEN that proposals will be received from qualified firms to provide Water Quality
Sampling & Testing Services. Responses to the Request for Proposals (RFP) will be accepted until
Thursday April 10, 2014 by 4:00 p.m. If further information is required, contact Tom Dix at (714)647 -3316
or tdix@santa- ana.ora
All notifications, updates and addenda will be posted on the City's current bid management and publication
system page at www.r)lanetbids.com/12ortal/lportal-cfm?Comr)anylD=20137. Proposers shall be responsible
for monitoring the site to obtain information regarding this solicitation. Failure to respond to required
updates may result in a determination of a nonresponsive proposal.
The successful proposer must possess or obtain a valid California Department of Health Services approval
in accordance with Section 4025 of the Health and Safety Code to operate as an Approved Water
Laboratory prior to the scheduled award date of this contract.
MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows:
City of Santa Ana
Tom Dix
Public Works Agency
4thFloor, Ross Annex
20 Civic Center Plaza
Santa Ana, CA 92701
It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be
received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this
Request for Proposals shall be made in writing via e -mail to Tom Dix at tdix@santa- ana.orq.
The receivina time in the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92701 Fourth
Floor, Ross Annex, will be the governing time for acceptability of proposals. Late proposals will
NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile
proposals will not be accepted.
ONLY SEALED RFP RESPONSES ARE ACCEPTABLE.
DO NOT E -MAIL RFP RESPONSES.
DO NOT FAX RFP RESPONSES.
RFP #14 -017 —Water Quality Sampling & Testing Services
Page 2
25D -10
Agreement ExhibitA�
r
CITY OF SANTA ANA
REQUEST FOR PROPOSAL FOR WATER SAMPLING & TESTING SERVICES (RFP14 -017)
TABLE OF CONTENTS
PAGE
1.
INTRODUCTION 4
11.
PERIOD OF CONTRACT 4
III.
OPTION OF RENEWAL 4
IV.
FISCAL NONFUNDING CLAUSE 4
V.
SCOPE OF SERVICES 4
VI.
GENERAL INFORMATION 5
VII.
PROPOSER RESPONSIBILITIES 5
VIII.
LICENSE REQUIREMENTS 5
IX.
INITIATION /KICK OFF MEETING 5
X.
CITY BUSINESS LICENSE 6
XI.
ADDENDA 6
XII.
RULES FOR PROPOSALS 6
XIII.
E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6
XIV.
SUBMITTAL INFORMATION AND DEADLINE 6
XV.
SUBMITTAL REQUIREMENTS 6
XVI.
CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8
XVIL
PUBLIC RECORDS 8
XVIII.
PROTESTS 8
XIX.
INSURANCE REQUIREMENTS g
EXHIBIT A — SCOPE OF SERVICES
16
EXHIBIT B — SAMPLE AGREEMENT
14
EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING
21
EXHIBIT D — OFFERERS REFERENCES
23
EXHIBIT E — PROPOSERS STATEMENT
24
EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
25
EXHIBIT G— NONCOLLUSION AFFIDAVIT
27
EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT
28
EXHIBIT 1 — CITY'S EMERGENCY NOTIFICAITON PLAN
29
EXHIBIT J — SAMPLE SITE TAP LOCATION INFORMATION
32
RFP #14- 017 —Water Quality Sampling & Testing Services
Page 3
25D -11
CITY OF SANTA ANA
REQUEST FOR PROPOSAL FOR WATER SAMPLING & TESTING SERVICES (RFP14.017)
The City of Santa Ana is issuing this Request for Proposals (RFP) for Water Sampling & Testing
Services.The City operates a grade D5 domestic water distribution system with over 45,000
services, 450 miles of water main and a population of nearly 330,000 residents. The City of Santa
Ana requests the services of an analytical laboratory to provide timely, high - quality analytical
analysis of the City's domestic water system.
Analysis shall be in accordance with "Standard Methods ", Title 22 of the California Code of
Regulations entitled "California Domestic Water Quality and Monitoring Regulations ", and Code of
Federal Regulations, and shall consist of bacteriological quality, general physical quality, general
mineral, lead & copper, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total
trihalomethanes.
II. PERIOD OF CONTRACT
Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two
years. The contract term is anticipated to commence after City Council award of this contract and
upon receipt and approval of all required insurance documents. The projectedcontract award date
is May 20, 2014 and may be adjusted as necessary.
III. OPTION OF RENEWAL
The term of this agreementmay include provision for renewals as set forth in the Scope of Services,
attached as Exhibit A.
IV. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain
the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of
the current fiscal period and terminate the contract on the last day of the current fiscal period
without penalty or expense to the City.
V. SCOPE OF WORKISERVICES
The scope of work may include any and all work efforts related to the Water Quality Sampling &
Testing Servicesas set forth inEXHIBIT A - SCOPE OF SERVICES.
The contractor shall be an independent contractor capable of providing experienced, knowledgeable
and professional staff. The contractorshall be responsive and maintain excellent working
relationships with city residents, businesses, government officials and City staff. The contractor
shall provide adequate staffing levels at all times and adhere to established schedules.
RFP #14 -017 -Water Quality Sampling &Testing Services
Page 4
2501-12
Agreement Exhibit' I
The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and
statutes, including but not limited to Title 22 of the California Code of Regulations entitled "California
Domestic Water Quality and Monitoring Regulations ".
VI. GENERAL INFORMATION
A. The term of the contract will begin after the contract award by the City Council and approval
of required bonds (when required as specified in Exhibit A).
B. When determined appropriate, the City will provide information in its possession relevant to
preparation of required information in RFP. The City will provide only the staff assistance
and documentation specificallyreferred to herein.
C. The proposer shall be responsible for retaining data, records and documentation for the
preparation of the required information. These materials shall be made available to the City
as requested by the City.
D. This RFP does not commit the City to pay costs incurred in preparation of a response to this
RFP. All costs incurred in the preparation of the proposal, the submission of additional
information, attendance at a preproposal conference, negotiations with City, and /or any
other aspect of a proposal prior to award of a written contract will be borne by the proposer.
The City reserves the right to accept or reject the combined or separate components of this
proposal in part or in its entirety or to waive any informality or technical defect in the
proposal.
E. All data, documents and other products used, developed, or produced during response
preparation of the RFP will become property of the City. All responses to the RFP shall
become property of the City. Proposer information identified as proprietary information shall
be maintained confidential, to the extent allowed under the California Public Records Act.
F. The City reserves the right to reject, replace and approve any and all subcontractors.All
subcontractor(s) shall be identified in the response to the RFP and the City reserves the
right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime
contractor and the City shall assume no liability of such subcontractors.
VII. PROPOSER RESPONSIBILITIES
The selected proposer will assume responsibilities for all services in its proposal. The selected
proposer shall identify a sole point of contact with the greatest knowledge in regard to the
requiredservice operations and contractual matters, including payment of any and all charges
resulting from the Agreement.
VIII. LICENSE REQUIREMENTS
In accordance with Section 3300 of the California Public Contract Code, the City has determined
that the proposer shall possess a license in the classification specified in the Notice Inviting
Proposals.
IX. INITIATIONIKICK OFF MEETING
The successful proposer will be required to meet with City staff prior to commencement of services
or at any time as required by the City, to discuss and agree on operational issues including
transition of services and scheduling.
RFP #14 -017 —Water Quality Sampling & Testing Services
Page 5
2501-13
Agreement Exhibit A
X. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty
(30) days of selection and must provide a copy to the City projects manager or designee prior to
commencing any work in Santa Ana.
XI. ADDENDA
Any subsequent changes in RFP from the date of preparation to date of submittal will result in an
addendum or amendment by the issuing office. Notification of such addendum or amendment shall
be effected by posting on City's website, as set forth in the Notice Inviting Proposals.
XII. RULES FOR PROPOSALS
The signer of the RFP must declare in writing that the only person, persons, company, or parties
interested in the proposal as principals are named therein; that the proposal is made without
collusion with any other person, persons, company, or parties submitting a proposal; that it is in all
respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full
authority to bind the proposer (Exhibits D - G).
XIII. E -MAIL COMMUNICATIONSANDINTERPRETATIONS /CLARIFICATIONS
To facilitate the RFP process, proposers are required to monitor the City's bid management and
publication system page at www.planetbids com /aortal /portal cfm ?Comr)an Iy D- 20137. No oral
interpretations will be made by the City to any proposer as to the meaning of requirements identified
herein, including the Scope of Services and Terms and Conditions. Every request for such an
interpretation must be made in writing via e-mail to the projects managerno fewer than five
f5)business daysprior to the date and time set for opening of proposals. Significant interpretations
or clarification will be made by an addendum to this RFP, which will be posted to the website.
Addenda may become part of the agreement documents.
XIV. SUBMITTAL INFORMATION AND DEADLINE
Proposals are due to the City of Santa Ana, atthe date, time, and location set forth on the Notice
Inviting Proposals. Faxed and e-mail proposals will not be accented.
XV. SUBMITTAL REQUIREMENTS
The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed
project.
Submittal of Proposal
A. Five (5) copies of the response to the RFP shall be signed by a company official with the
power to bind the company.
B. One (i) copy of the submittal on a compact disc, USB flash drive or equivalent
C. Structure your proposal to include the Scope of Services response, general time
implementation schedule, fees /contract price, and exhibits.
RFP #14-017—Water Quality Sampling & Testing Services
Page 6
2501-14
Agreeme�
Each firm must address each of the following items in its response to the RFP:
A. Statement of Qualifications - In order to maintain uniformity, the Statement of
Qualificationsmust be limited to a MAXIMUM of 20 PAGES (excluding front and back covers,
section dividers and Exhibits E through G). The page limitation includes all appendices,
attachments, and supplemental information.
The following information is required:
1. Cover Letter - A letter signed by a principal or authorized representative who can
make legally binding commitments for the entity.
2. Firm and Personnel Experience: A profile of the firm's experience, including the
names and experience of personnel and subconsultants who will be providing
services. At a minimum, this should include the project manager /principal agent,
associates in charge when project manager /principal agent is unavailable, key
personnel, and an organization chart identifying only those who will perform work for
the proposed project and the percentage of each individual's time devoted to this
project. The project manager /principal agent shall be the primary contact person to
represent your firm and will be the person to conduct the presentation, if invited for an
interview.
3. Imolementation Plan: Proposer shall submit a general description of the deliverables
and timelines to complete the project.
4. Laboratory Approval: Current approval from the California Department of Health
Services in accordance with Section 4025 of the Health and Safety Code to operate as
an "Approved Water Laboratory" must be submitted with the proposal. Copies of
ELAP certification for all proposed tests shall be provided.
B. EXHIBIT C- PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING
A separate sealedfee envelope including proposer's cost proposal shall be submitted
concurrently but under separate cover with the technical proposal. Costs shall be shown as
listed under Exhibit C. No fee envelopes shall be opened by City until the final ranking of
proposals has been completed.
C. EXHIBIT D - REFERENCES - The Proposer shall submit a list of agencies, past and present,
for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last 5
years.
D. EXHIBIT E - PROPOSERS STATEMENT
E. EXHIBIT F - CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
F. EXHIBIT G - NONCOLLUSION AFFIDAVIT
G. EXHIBIT H_- SAMPLE ADDITIONAL INHURFn FNr)nRRFNnFhIT FnR
H. The proposal must be completely responsive to the RFP. Any exceptions to the
requirements of this RFP must be included in the proposal. Such exceptions must be
included as a separate element of the proposal entitled "Exceptions and Deviations." The
Eexecutive Director, in his sole and absolute discretion, may authorize or deny any
exceptions.
RFP #14 -017 - Water Quality Sampling & Testing Services -�
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2501-15
Agreement Exhibit A�
The City reserves the right to reject any or all proposals submitted and no representation is
made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City
reserves the right to waive minor inconsistencies in submitted Proposals.
XVI. CONTRACTOR SELECTION - PROPOSAL AND EVALUATION
The criteria for evaluating the proposals submitted will take the following items into consideration:
1. Firm Experience (35 %)
2. Personnel Experience (35 %)
3. Implementation Plan (30 %)
The proposals will be reviewed by a committee of City staff members. The committee will evaluate
proposers based on the response to the RFPand the City evaluation criteria set forth above. A final
score will be calculated for each submitted proposal and used to rank the proposers. The
committee mayinterview the top tier of proposers and recommend award of the contract to the
proposer who will providethe best quality service at minimum cost to the City. The City reserves the
right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and
enter into a contract without interview or further discussions.
The committee will rank the proposers and select the top three (or top tier based on the natural
score break). The committee will open the fee envelopes after selection of top tier. The Council
recommendation will be based on the evaluation score and proposed fees of the top tier.
XVIL PUBLIC RECORDS
Proposals will become public record after award of contract. Proposer information identified as
proprietary information shall be maintained confidential, to the extent allowed under the California
Public Records Act.
XVIII. PROTESTS
Any protest must be submitted in writing to Executive Director of Public Works, City of Santa Ana,
20 Civic Center Plaza M -21, Santa Ana, CA 92701. Protests must be received by the City by 5:00
p.m. of the 5th business day following posting of the Request for Proposal or the results or Notice of
Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the
receptionist in the City Hall Annex/Public Works Counter on the first floor of the City Hall Annex.
a. The initial protest document shall contain a complete statement of the basis for the
protest.
b. The protest shall refer to the specific portion of the RFP or winning proposal, which
forms the basis for the protest.
c. The protest shall include the name, address and telephone number of the person
representing the protesting party.
d. The party filing the protest shall concurrently transmit a copy of the initial protest
document and any attached documentation to all other parties with a direct financial
interest, which may be adversely affected by the outcome of the protest. Such parties
shall include all other proposers who appear to have a reasonable prospect of receiving
an award depending upon the outcome of the protest.
RFP #14-017— Water Quality Sampling & Testing Services
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25D -16
Agreement Exhibit A
Should a written protest be filed in a timely fashion, a protest hearing shall be held before the
Executive Director of Public Works or designee within 10 business days following the City's receipt
of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer
testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall
testimony under oath be required. The burden of proof shall be on the party submitting the protest
to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious,
or unsupported by substantial evidence in the record.
All proposer are advised that if you challenge the City's award of contract in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described
above, or in written correspondence delivered to the Executive Director of Public Works at, or prior
to, the public hearing.
The Executive Director of Public Works or designee will issue a written decision. If the Executive
Director of Public Works or designee determines that a protest is frivolous, the party originating the
protest may be determined to be irresponsible and that party may be determined to be ineligible for
future contract awards.
The procedure and time limits set forth in this paragraph are mandatory and are the proposers sole
and exclusive remedy in the event of protest and failure to comply with these procedures shall
constitute a waiver of any right to further pursue the bid protest, including filing a Government Code
Claim or legal proceedings.
XIX. INSURANCE REQUIREMENTS
As a condition of, and throughout the term of the contract, the vendor shall have and maintain the
insurance described below. A certificate of insurance, naming the City of Santa Ana as an
additional insured, shall be provided to the Buyer before award:
Certificate of Insurance (Acord's 25 -S form no.) to include:
• General Liability -- $1,000,000 each occurrence
• Worker's Compensation — Within the limits required by the State of California
• Automotive Insurance -- $1,000,000 combined single limit
A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be
made that the City will be mailed 30 days written notice of Policy cancellation and the references
shall be either removed or X'd
If the vendor allows their coverage to expire or their insurance is canceled at any time during the
contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No
additional work shall be performed and no payments will be made until adequate proof of insurance
is provided.
RFP #14- 017 —Water Quality Sampling & Testing Services
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Agreement Exhibit A
EXHIBIT A
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES
SCOPE OF SERVICES
DESCRIPTION AND SCOPE OF WORK
The City of Santa Ana is issuing this Request for Proposals (RFP) for Water Quality Sampling &
Testing Services.The City of Santa Ana requests the services of an analytical laboratory to provide
timely, high - quality analytical analysis of the City's domestic water system.
Analysis shall be in accordance with "Standard Methods ", Title 22 of the California Code of Regulations
entitled "California Domestic Water Quality and Monitoring Regulations ", and Code of Federal
Regulations, and shall consist of bacteriological quality, general physical quality, general mineral, lead
& copper, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total trihalomethanes.
The City has 50 designated sample sites. All routine water samples will be drawn from these sites. In
addition the City has 10 designated sample sites for Fluoride analysis. Non - routine water samples
will be collected by the City in specially prepared bottles provided by the consultant to be collected
and tested by the consultant.
A. IMPLEMENTATION
City staff shall have the right to modify, reduce, or delete the services as needed by City.
2. BACTERIOLOGICAL QUALITY
(i) 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.
Total coliform analyses are to 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 (Exhibit 1) is attached.
RFP #14-017—Water Quality Sampling & Testing Services
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25D -18
Agreement Exhibit A
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.
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.
(ii) 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.
(iii) Wet/s: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.
(iv) Customer ComWa7nt 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.
3. HETEROTROPHIC PLATE COUNT
Routine 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. Consultant shall use the necessary
dilutions to report the results at concentrations up to 500 colony forming units per
milliliter.
4. TOTAL CHLORINE RESIDUAL
Routinesamples shall be field analyzed by the Consultant on a weekly basis at the
same time and at the same 50 designated sample points. 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 0.1mg /I. Colorimeter must be calibrated per the
manufacturer's requirements. Documents showing the calibration shall be provided
upon request.
RFP #14-017— Water Quality Sampling & Testing Services
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25D -19
Agreement Exhibit A�
5. GENERAL PHYSICAL QUALITY
(i) Routine: the Consultant shall collect Samples in appropriate sample bottles on
a monthly basis at the 50 designated sample points. The analysis shall consist
of turbidity, odor, color, field pH, and temperature.
(ii) Customer Coma /aint:Sampies 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.
6. 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 (as needed) and
shall be picked up the Consultant at the City Corporate Yard Meter Shop within twenty -
four hours of notification.
7. 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 (as needed) and
shall be picked up by the Consultant at the City Corporate Yard Meter Shop within
twenty -four hours of notification.
8. 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 aguarterly 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. HALOACETIC ACIDS
The City shall collect samples in specially designed sample vials containing crystalline
NH4CI, which converts free chlorine to a combined chlorine residual and sealed with
TFE -faced septa and screw caps. It shall consist of twelve samoles 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.
10. 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 a semi - 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 45 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
RFP #14 -017 — Water Quality Sampling & Testing Services
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I;
Agreement Exhibit A
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.
11. FLUORIDE
Samples shall be collected by the Consultant, in appropriate sterilized bottles on
a monthly basis at 10 designated sample points.
The Consultant shall provide the following information within seven days of the
completion of each analysis:
(i) Name of the laboratory and either the person responsible for performing the
analysis or the laboratory director.
(ii) Date of report.
(iii) The analytical method used.
(iv) The name, date, and time of sampling and identification of the person who
collected the sample.
(v) 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.
RFP #14-017— Water Quality Sampling & Testing Services
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25D -21
Clinical Laboratory R .tn
City of Santa Ana
220 S Daisy Ave, BadingA
Santa Ana, CA 92703
Mr. Thomas Dix,
For additional related services not listed in the fee schedule, Exhibit C, those services cvill be performed
and compensated at an hourly rate of $50.00.
Thank you,
Robin Glenney
Project Manager /Bid Manager
Clinical Laboratory of San Bernardino, Inc.
Post Office Box 329 San Bernardino, (;9 92 ,402 (909)815.769.3 #tae (909)825 -7696 FLAP .Number 1088
25D -22
Agreement Exhibit B
EXHIBIT C
CITY OF SANTA ANA
REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES
PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING
Certification - I certify that I have read, understand andagree to the terms and conditions of this Request for
Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work
locations. I am familiar with all the existing conditions and limitation that may impact work requests. I
understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for
clarification prior to the submission of my proposal.
Proposal Item Price - Pricing shall be basedon a(hourly cost, time and materials basis - see narrative) for
services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and
Indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be
purchased by the contractor only after discussed and authorized by the City projects manager or designee in
writing. Proposer shall attach a separate hourly rate schedule with hourly rates for staff time per lob
classification. If the City requires additional related services not listed in the fee schedule below, those
services will be performed and compensated at time and materials costs as shown on the proposer's hourly
rate schedule submitted. Quantities listed below are annual estimates, the City reserves the right to increase
or decrease quantities as necessary.
LINE
DESCRIPTION
QUANTITY
UNIT
UNIT
EXTENDED TOTAL
PRICE
PRICE
Routine Weekly Samples collected and
tested by Consultant for Bacteriological
1
Quality, Heterotrophic Plate Count and
2,600
Each
$12.50
$32,500.00
Chlorine Residuals
Routine Monthly Samples collected and
2
tested by consultant for General
600
Each
$6.00
$3,600,00
Ph sical Quality
3
Routine Monthly Samples collected and
tested by consultant for Fluoride
120
Each
$6,00
$060.00
Routine Quarterly Samples collected by
4
City and tested by Consultant for
48
Each
$60.00
$2,880.00
Haloacetic Acids
Routine Quarterly Samples collected by
5
City and tested by Consultant for
48
Each
$30.00
$1,440.00
Trihalomethanes
Routine Monthly & Quarterly Samples
6
collected by City and tested by Consultant
96
Each
$16.00
$2,496,00
for Nitrates /Nitrites
Non - Routine samples collected by City
and tested by Consultant for
7
Bacteriological Quality, Heterotrophic
100
Each
$9.00
$900.00
Plate Count and Chlorine Residuals
As- Needed)
Non - Routine samples collected by City
8
and tested by Consultant for General
100
Each
$4.00
$400.00
Rh sical Quality As- Needed
RFP #14-017— Water Quality Sampling & Testing Services
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25D -23
Agrsement Exhibit �I
Clinical Laboratory of San Bernardino, Inc. Phone (909) 825 -7693 Fax (909) 825 -7696
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
21881 Barton Road, Grand Terrace, CA 92313
BUSINESS ADDRESS
Melinda Furnas Owner
PRINTED NAME OF AUTHORIZED AGENT TITLE
OF
April 8th, 2014 Furnas @Clinical- lab.com
UAlt
95- 2504488 1088
FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION
PROGRAM CERTIFICATE NUMBER (ELAP #)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP #14.017 — Water Quality Sampling & Testing Services
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25D -24
Non-Routine samples collected by City
9
and tested by Consultant for General
50
Each
$75.00
$3,750.00
Minerals As- Needed)
Non - Routine samples collected by City
10
and tested by Consultant for Inorganics
100
Each
$100.00
$10,000.00
As- Needed
Total
$58,926.00
Clinical Laboratory of San Bernardino, Inc. Phone (909) 825 -7693 Fax (909) 825 -7696
LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
21881 Barton Road, Grand Terrace, CA 92313
BUSINESS ADDRESS
Melinda Furnas Owner
PRINTED NAME OF AUTHORIZED AGENT TITLE
OF
April 8th, 2014 Furnas @Clinical- lab.com
UAlt
95- 2504488 1088
FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDATION
PROGRAM CERTIFICATE NUMBER (ELAP #)
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.
PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.
RFP #14.017 — Water Quality Sampling & Testing Services
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25D -24