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HomeMy WebLinkAbout09-20-2016 Item 06 Laboratory Analyses Services Request for Proposal for 2017-2022 Meeting Date: 9/20/2016 FROM: Carrie Mattingly, Utilities Director Prepared By: Anne C. Fairchild, Water Quality Laboratory Manager SUBJECT: LABORATORY ANALYSES SERVICES REQUEST FOR PROPOSAL FOR 2017-2022, SPECIFICATION NO. 91492 RECOMMENDATION 1. Approve the release of a request for proposal for 2017-2022 Water and Wastewater Laboratory Analyses Services; and 2. Authorize the City Manager to award and execute a five-year contract if the lowest responsible proposer does not exceed $300,000. DISCUSSION On January 31, 2017 the current agreement for contract laboratory services between the City and FGL Environmental will expire. While the City’s Water Quality Laboratory (WQL) performs the majority of the regulatory laboratory analyses for the City’s Water Treatment Plant (WTP) and Water Resource Recovery Facility (WRRF), some tests, such as metals and organics , are best performed by an outside contract laboratory due to impractical economics related to equipment costs, potential hazardous materials handling, and increased staffing costs. Request for Proposal In addition to the required regulatory testing, the City’s WQL routinely undertakes special water quality studies for the WRRF project. The special studies data is used for WRRF design modeling and ultimately ensures that the required water quality goals and regulations will be met after the upgrade is completed. Maintaining laboratory data consistency throughout the 2017-2022 timeframe is critical to providing the WRRF project team with the best possible information from which to make informed decisions. This consistency of quality analyses will be easier to maintain by utilizing the same contract laboratory throughout the WRRF design and construction. It should be noted that even while using the same approved laboratory methods, different laboratories have been shown to experience some variability in their analytical results. For these reasons, staff is requesting a five-year contract during the course of the WRRF project and regulatory testing activities. The agreement also contains an option for a two-year extension FISCAL IMPACT Total fiscal impact is estimated at $60,000 annually or $300,000 over the five-year term of the contract. The new contract would begin February 1, 2017. There is adequate funding available in laboratory services for both water and sewer to cover the cost for 2015-16. The final contract amount will be allocated 25% to water and 75% to sewer with those costs programmed into 6 Packet Pg. 28 future financial plans. ALTERNATIVE Council could decide not to seek a proposal for laboratory services and have City WQL laboratory conduct the additional laboratory analyses. The City does not possess either the necessary equipment or staffing levels to conduct the additional analyses in-house. Conducting the analyses in-house would require significant investments in additional staffing, equipment acquisition, equipment maintenance, and servicing contracts. If Council should choose the alternative, staff would return with a full funding analysis and a request for adequate funding as soon as possible. Attachments: a - Lab Services RFP 2017-2022 Spec No. 91492 6 Packet Pg. 29 The City of San Luis Obispo is committed to including disabled persons in all of our services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Notice Requesting Proposals for Laboratory Analyses Services The City of San Luis Obispo is inviting sealed proposals for Laboratory Services pursuant to Specification No. 91492. All proposals must be received by the Finance Division by October 27, 2016 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Anne Fairchild at (805) 781-7242. City of San Luis Obispo 990 Palm Street, San Luis Obispo, CA 93401-2710 6.a Packet Pg. 30 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) Specification No. 91492 TABLE OF CONTENTS Section A. Description of Work 1 Proposal Detail Worksheet Part 1. Wastewater Constituents 3 Proposal Detail Worksheet Part 2. Drinking Water Constituents 7 Section B. General Terms And Conditions 9 Proposal Requirements 9 Contract Award and Execution 10 Contract Performance 10 Section C. Special Terms and Conditions 13 Contract Term 13 Estimated Quantities 13 Proposal Content 15 Proposal Evaluation and Selection 15 List of Required Submittals 15 Proposal Length and Copies 15 Section D. Form of Agreement 16 Section E. Insurance Requirements 18 Section F. Proposal Worksheets Other 20 Proposal Submittal Summary 20 References 21 Statement of Past Contract Disqualifications 22 ATTACHMENT A. NPDES PERMIT # CA0049224 23 6.a Packet Pg. 31 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -1- Section A DESCRIPTION OF WORK The City is inviting sealed proposals for Laboratory Analyses for Water and Wastewater pursuant to Specifications No. 91492 1.ANALYTICAL METHODS - All laboratory work shall be performed in accordance with Standard Methods for the Examination of Water and Wastewater, 22nd edition, and approved EPA, DHS and APHA analytical methods. 2.LABORATORY CERTIFICATION - All proposers and subcontractor(s) shall be currently certified by the State of California Department of Health Services and Environmental Laboratory Accreditation Program (ELAP) to perform the laboratory analyses listed in the Proposer Detail Worksheet. 3.DETECTION LIMITS - All analytical methods used for work performed for this specification must have minimum detection limits that are below the maximum discharge limits as outlined in the attached "NPDES Monitoring Program" (Appendix A). Especially note the "Receiving Water” and “NDMA” reporting limits. 4.QA/QC REPORTS - The proposer shall supply a written Quality Assurance/Quality Control report concurrently with all analytical results. The QA/QC report describes all QA/QC steps and evaluations taken to ensure accurate, scientifically and legally defensible data as required per ELAP and Standard Methods 22nd Edition. 5.REPORTING FORMAT - The proposer shall submit all drinking water analyses reports on California Department of Public Health (CDPH) forms specifically for that purpose. Drinking water analyses reports submitted on forms other than said CDPH forms shall be considered delinquent. The proposer must maintain a valid CDPH Electronic Data Transfer (EDT) certification during the course of this contract. 6.SAMPLE CONTAINERS - Proposer shall supply all sample containers. Sample containers shall be identified and delivered with legible, preprinted (no hand-written accepted- computer generated only) labels and preprinted (no hand-written accepted- computer generated only) chain-of-custody forms. Preprinted labels and chain-of-custody forms shall contain at minimum: client name, address and phone number, analyses to be performed, frequency of analyses, preservative, sample container type and size and project title. Sample containers shall be prepared with preservatives required per ELAP and/or Standard Methods 22nd Edition. For repeat sampling events, the proposer shall provide customized and preprinted chain-of-custody forms and labels. Proposer shall insure that all sample containers, chains of custody and corresponding labels will be delivered and available to City of San Luis Obispo Laboratory staff one week prior to the start of the next month’s sampling. (As an example, for all sampling events scheduled to take place in December, all sampling containers shall be delivered and available to City of San Luis Obispo lab staff by the third week of November.) 7.SAMPLE PICKUP/DELIVERY –Sample containers, chains of custody will be picked-up by the proposer at a minimum of twice per week. The proposer will initiate a call to the WQL the day prior to the pickup day. Prior to accepting the sample and signing the chain of custody, the proposer must provide personnel able to inspect sample containers, labels and consistency with chain of custodies for completeness and accuracy. The proposer personnel must be able to sign chain of custodies to maintain integrity of the chain of custody and legally defensible data. 8.UNSCHEDULED PICKUP/DELIVERY - In the event of unscheduled sampling episode, the proposer shall arrange for pick-up and a 1-day RUSH turnaround at no surcharge. This service shall be available for up to 12 unscheduled sampling episodes per year. 9.TURNAROUND TIME - Proposer shall provide a 10-12 working day turnaround time for sample analyses and results. All of any month's analytical results shall be provided to the WQL Laboratory, in writing, by the 15th day of the following month, (5th day of the following month for all drinking water results). 10.PROPOSAL PRICES - All bids shall remain stable for the period February 1st 2017 – January 31st 2022. 6.a Packet Pg. 32 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -2- 11.ONLINE AND PAPER-COPY REPORTING– Proposer must provide electronic on-line reporting. The reports must include access concurrently to: QA/QC reports, chain of custodies, data results, invoices, method numbers and a case narrative. The case narrative must summarize the sample description, date sampled, date received, sample or tracking number, sample matrix, a discussion of quality control parameters and method numbers. This information must be available on line for no less than 3 months. The proposer shall notify via email when the online reports are ready for reviewing. All of any month's analytical results shall be provided to the City of San Luis Obispo’s Water Quality Laboratory, on line and in writing, by the 15th day of the following month, (5th day of the following month for all drinking water results). 12.SAMPLE RESULT NOTIFICATION - Proposer must be able to follow special chain of custody instructions for: Oil and Grease, BOD, THM, NDMA and Reagent Water HPC and other analyses as needed. 13.LABORATORY INFORMATION MANAGEMENT SYSTEM REQUIREMENTS (LIMS)- The proposer must utilize a computerized LIMS system or equivalent to generate: reports, data, results items, labels, chains of custody and related items for required contract sampling and, non-contract workloads. 14.REQUIRED PROPOSAL SUBMITTAL - Proposal submittals must include: #1 Completed and Accurate Proposal Detail Worksheet including calculated total 5 year contract pricing, #2 Certificate of Appropriate Insurance, #3 References, #4 Statement of Bidder's Past Contract Disqualifications, if applicable, and #5 Proposal Detail Worksheet, and #6 Examples of: Labels, Preprinted Chain of Custodies, Laboratory Data Report as specified in Section A Description of Work #1-#14. REQUIRED FUNCTIONALITY Table 1 (Functionality Requirements) highlights some mandatory function requirements for this contract. Please provide an example and respond to all aspects of the functional specifications and criteria in the Functionality Requirement Table 1. Any deviation or exceptions from the functionality requirements must be clearly noted in the proposal. The City will entertain other options and recommendations if they can improve upon the current requirements. Proposers must review and provide a response ( C or NA) to each functionality requirement (Table 1 below) by indicating each item with one of the following responses in the proposer response column. If further explanation is needed please attach comments. •Fully Compliant (C): Indicates the proposer’s standards and operating procedures meet and/or exceed the requirement. •Not Available (NA): Indicates that the proposer does not and cannot meet this requirement. Table 1: Functionality Requirements No. Functionality Proposer Response 1.Do you have electronic reports for: permit, process control, special studies and WTP and WRRF plant upgrade data and reports 2013- to date? 1a. If yes to 1. , how long is the information available? 2.Do you utilize a LIMS (Laboratory Information Management System) or equivalent system? 3.Can you provide an example of an April Quarterly Effluent report we would receive as a client as required in Section A above? 4.Do you have a dedicated QA/QC Officer to answer QA/QC and related questions within a 45 minute response time Mon-Fri 7am-6pm PDT? 5.Can you have preprinted chains of custody, labels and sample containers (completed as noted in Section A above) delivered to WQL location for unscheduled events within 24 hours? 6.Can you provide an example of a preprinted chain of custody and label? 7.Can you provide sample containers within a one hour notice? 8.Will you ever use personnel not employed by your company as a carrier service for sample pickup or drop off to or from the WQL? 8a. If yes, who would be your likely third party carrier? 6.a Packet Pg. 33 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -3- 6.a Packet Pg. 34 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -4- 6.a Packet Pg. 35 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -5- 6.a Packet Pg. 36 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -6- 6.a Packet Pg. 37 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -7- * 6.a Packet Pg. 38 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -8- 6.a Packet Pg. 39 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -9- Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Detail Worksheet(s). Any lump sum proposal shall be stated in figures. The Proposal Detail Worksheet(s) must be filled out accurately and completely. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub-proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 6.a Packet Pg. 40 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -10- 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Proposer) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Proposer shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business License & Tax. The Proposer must have a valid City of San Luis Obispo business license and tax certificate before execution of the contract. Additional information regarding the City's business license and tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Proposer warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Proposer shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Proposer is required to pay. 17. Permits and Licenses. The Proposer shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. 18. Safety Provisions. The Proposer shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 6.a Packet Pg. 41 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -11- 19.Public and Employee Safety. Whenever the Proposer's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20.Preservation of City Property. The Proposer shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Proposer's operations, it shall be replaced or restored at the Proposer's expense. The facilities shall be replaced or restored to a condition as good as when the Proposer began work. 21.Immigration Act of 1986. The Proposer warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22.Proposer Non-Discrimination. In the performance of this work, the Proposer agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23.Work Delays. Should the Proposer be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Proposer. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24.Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Proposer (Net 30). 25.Inspection. The Proposer shall furnish City with every reasonable opportunity for City to ascertain that the services of the Proposer are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Proposer of any of its obligations to fulfill its contract requirements. 26.Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Proposer in preparing its invoices to City as a condition precedent to any payment to Proposer. 27.Interests of Proposer. The Proposer covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Proposer further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Proposer certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Proposer shall at all times be deemed an independent proposer and not an agent or employee of the City. 6.a Packet Pg. 42 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -12- 28.Hold Harmless and Indemnification. The Proposer agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Proposer's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Proposer, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Proposer's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29.Contract Assignment. The Proposer shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30.Termination. If, during the term of the contract, the City determines that the Proposer is not faithfully abiding by any term or condition contained herein, the City may notify the Proposer in writing of such defect or failure to perform. This notice must give the Proposer a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Proposer has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Proposer to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Proposer's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Proposer shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Proposer as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Proposer shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Proposer be entitled to receive in excess of the compensation quoted in its proposal. The City reserves the right to terminate the contract without cause and reason whatsoever upon thirty (30) days written notice to the Proposer. 6.a Packet Pg. 43 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -13- Section C SPECIAL TERMS AND CONDITIONS 1.Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the most responsible, responsive proposer or a combination of factors as determined to be in the best interest of the City. 2.Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for proposals from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1.5% of the taxable amount of the proposal will be deducted from the proposal by the City in calculating and determining the responsible, responsive proposer. 3.Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4.Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Proposer) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5.Contract Term. The supplies or services identified in these specification will be used by the City between February 1, 2017 and January 31, 2022. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6.Contract Extension. The term of the contract may be extended by mutual consent with the option for one, 2-year extension. During the contract extension period, unit prices may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers (CPI-U). 7.Estimated Quantities. The quantities indicated in the Proposal Detail Worksheet are estimates based on past purchasing experience, and will be used to determine the lowest overall proposal. Actual quantities purchased during the period of this contract may vary from these estimated amounts as required by the City. 8.Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Proposal Detail Worksheet. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 9.Proposer Invoices. The Proposer shall deliver a monthly invoice to the City, by the 10th calendar day of the following month, with attached copies of work order forms or detail invoices (standard color or copy to be agreed upon) as supporting detail. 6.a Packet Pg. 44 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -14- 10.Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Detail Worksheet, as well as any supplemental items, from other vendors during the contract term. 11.Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 12.Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this or RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 5 days after authorization to proceed by the City. 13.Start and Completion of Work. Work on this proposal shall begin as stated in Section D: FORM OF AGREEMENT. 14.Liquidated Damages. In the event that the proposer does not meet the work completion date specified in its proposal, the award amount shall be reduced in the amount of one thousand dollars $1000 .00 per calendar day for each day that exceeds the completion date specified in the proposer's proposal. As the delay in the completion of work could seriously affect the public and the efficient operation of the City to an extent incapable of precise calculation, said reduction is established as the nearest measure of damages for such delay that can be fixed at this time, and is not established as a penalty or forfeiture for the breach of agreement to complete the work. Said reductions may be invoked if completion of work exceeds the specified time for any reason. 15.Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Proposer. 16.Recycled Products. A ten percent preference, not to exceed one thousand dollars per contract, will be given to recycled products. The fitness and quality of the recycled product must be at least equal to un-recycled products as determined by the City. The preference percentage shall be based on the lowest price quoted by the supplier or suppliers offering non-recycled products. Price preferences may be offered in excess of the ten percent ceiling established in this section if it can be shown that purchase of a recycled product or material will result in greater long-term savings to the City. 17.Submittal of References. Each proposer shall submit references on the form provided in the RFP package. 18.Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 19.Proposal Content. Your proposal must include the following information: 6.a Packet Pg. 45 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -15- List of Required Submittal: Forms, Templates, Worksheets, Items, Reports a. Proposal Submittal Summary. SEE SECTION F for provided template. b. Certificate of Insurance. SEE SECTION E. c. References from at least three firms for whom you have provided similar services. SEE SECTION F for provided template. d. Statement of Past Contract Disqualifications. SEE SECTION F for provided template. e. Completed and accurate Proposal Detail Worksheet: Parts #1 Wastewater Constituents and Part #2 Drinking Water Constituents including Calculated 5 Year Contract Pricing Summary. SEE SECTION A. f. Certificate of Appropriate ELAP Certifications and Fields of Testing. g. Examples of: Labels and Preprinted Chain of Custodies, as specified in Section A Description of Work #1-#14 for a February Effluent sampling event. h. Provide an example of a April Quarterly Effluent report The City of San Luis Obispo would receive as a client, as required in NPDES Permit # CA0049224 Order # R3-2014- 0033 (provided with invitation for proposal package) as specified in Section A Description of Work #1-#14. . 20. Proposal Length and Copies a. Proposals should not exceed 300 pages, including attachments and supplemental materials. b. Three copies of the proposal must be submitted. 21. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. References. f. Background and related experience of the specific individuals to be assigned to this project. g. Proposed compensation. h. Quality and completeness of required submittal forms, As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected proposer, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 6.a Packet Pg. 46 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -16- Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [PROPOSER’S NAME IN CAPITAL LETTERS], hereinafter referred to as Proposer. W I T N E S S E T H: WHEREAS, on [date], City invited requested proposals for laboratory analysis services per Specification No. 91492. WHEREAS, pursuant to said request, Proposer submitted a proposal that was accepted by City for said laboratory analysis services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from February 1, 2017 to January 31, 2022, with an option to extend for an additional two (2) years. 2. INCORPORATION BY REFERENCE. City Specification No. 91492 and Proposer's proposal dated [date], are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing services as specified in City Specification No. 91492, City will pay and contractor shall receive therefor compensation based upon actual analysis and services provided. Compensation will be based upon the contractor’s proposal dated [date]. 4. CONTRACTOR’S. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to perform the services set forth on Contractor’s proposal pursuant to the terms and conditions of this agreement and City specification No. 91492. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective be effective only upon approval by the City Manager of the City. 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral 6.a Packet Pg. 47 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -17- agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7.NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City Utilities Director City of San Luis Obispo 879 Morro Street San Luis Obispo, CA 93401 Proposer Name Address 8.AUTHORITY TO EXECUTE AGREEMENT. Both City and Proposer do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: PROPOSER ________________________________ By: _____________________________________ City Attorney 6.a Packet Pg. 48 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -18- Section E INSURANCE REQUIREMENTS Operations and Maintenance The Proposer shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Proposer, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1.Insurance Services Office Commercial General Liability coverage (occurrence form CG 20 10 prior to 1993 or CG 20 10 07 04 with CG 20 37 10 01 or the exact equivalent as determined by the City). 2.Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3.Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance. Proposer shall maintain limits no less than: 1.General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Ommissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Proposer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1.The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Proposer; products and completed operations of the Proposer; premises owned, occupied or used by the Proposer; or automobiles owned, leased, hired or borrowed by the Proposer. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2.For any claims related to this project, the Proposer's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Proposer's insurance and shall not contribute with it. 3.The Proposer's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 6.a Packet Pg. 49 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -19- Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Proposer shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date 6.a Packet Pg. 50 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -20- Section F PROPOSAL WORKSHEETS OTHER PROPOSAL SUBMITTAL SUMMARY The undersigned declares that she or he has carefully examined Specification No. 91492, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description Wastewater Constituents (sub-total) $ Drinking Water Constituents (sub-total) $ ***TOTAL 5 YEAR CONTRACT PRICE $ *** This 5 year contract price is achieved by adding the subtotals of the Wastewater Constituents and Drinking Water Constituents together equaling the total 5 year contract pricing. 6.a Packet Pg. 51 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -21- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome 6.a Packet Pg. 52 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -22- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative 6.a Packet Pg. 53 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) -23- ATTACHMENT A. NDPES PERMIT# CA0049224 Order# R3-2014-0033 ..\..\..\Permits and TSOs\WRRF Permits\NPDES PERMIT CA0049224 2014_WDR_R3-2014-0033_City_SLO.pdf 6.a Packet Pg. 54 Attachment: a - Lab Services RFP 2017-2022 Spec No. 91492 (1450 : Laboratory Analyses Services RFP) Page intentionally left blank.