Item 4 - Award of Agmt. with ALS Group USA, Corp. for Potable Water Analytical Lab Services, RFP 21-030July 20, 2021, Item #4DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT City of Poway July 20, 2021 Honorable Mayor and Members of the City Co:1(1cil Eric Heidemann, Director of Public Works ~ ~ CITY COUNCIL Troy DePriest, Assistant Director of Public Works for Utilities 7lJ P (858) 668-4750 or tdepriest@poway.org Award of Agreement with ALS Group USA, Corp. for Potable Water Analytical Laboratory Services, RFP No. 21-030 A Request for Proposals (RFP) for Potable Water Analytical Laboratory Services was duly advertised on May 27, 2021, and June 3, 2021. One proposal was received and opened on June 21, 2021. ALS Group USA, Corp. was found to be responsive to the criteria in the proposal. The first term of the agreement is two (2) years beginning July 21, 2021, through June 30, 2023 and may be extended for up to three (3) one-year terms. Recommended Action: It is recommended that the City Council award the Agreement for Potable Water Analytical Laboratory Services, RFP No. 21-030, to ALS Group USA, Corp. and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway ("City") operates and maintains a water system which includes a water treatment plant, Lake Poway and the water distribution system. Operation of the City's water system requires constant sampling and testing by a state-certified laboratory, to ensure/confirm water quality, which include water quality sampling, laboratory analysis services, lake limnology monitoring, and the preparation of various regulatory reports the City provides to the State of California. Some water quality tests are performed by City staff, but the majority require specialized training, equipment and are more economically performed by a private, certified laboratory. There is a specialized market for laboratories that provide the services required for this agreement; services such as developing and implementing a water quality monitoring plan that is in compliance with regulatory requirements, update the monitoring plan as-needed if regulatory changes occur, and preparing regulatory reports for submittal. 1 of 30
July 20, 2021, Item #4On May 27 and June 3, 2021, the City advertised an RFP for potable water analytical laboratory services in support of its water utilities divisions. The RFP was advertised on the City's website, online bid portal, and in the local newspaper. On June 21, 2021, the City received one proposal from ALS Group USA, Corp, a state certified laboratory (certificate number 1237). Evaluation criteria for the proposals included: qualifications and experience of firm, quality of work previously performed, professional qualifications, references and pricing. Staff reviewed the proposal from ALS Group USA, Corp. and determined they meet the City's requirements. ALS Group USA, Corp is a global leader in providing laboratory testing services, specializing in the analysis of drinking water and wastewater. Additionally, as the City's current service provider, ALS Group USA Corp. has a successful history of providing turnkey analytical and laboratory services to the City. Regulatory bodies such as the State Water Resources Control Board Department of Drinking Water require water testing. Thus, it is critical that the City secure this agreement to maintain regulatory compliance. The general frequency of testing ranges weekly, quarterly, monthly and annually, and some services are as needed based on test results. The amount of funds spent on laboratory services will be approximately $155,000 per year based on previous years' expenditures. Annual contract costs will not exceed the approved Water Supply, Treatment and Storage Division's budget for each fiscal year. The term of the agreement will be two (2) years beginning July 21, 2021, through June 30, 2023, and may be extended for up to three (3) one-year terms. Environmental Review: This action is not subject to review under the California Environmental Quality Act (CEQA). Fiscal Impact: Funds in the amount of $158,580 are available in the Water Supply, Treatment and Storage Division's Fiscal Year 2021-22 budget (402060-41200) for Potable Water Analytical Laboratory Services for the first year of the two-year agreement. Funds for the second year of the agreement will be requested for appropriation through the Fiscal Year 2022-23 annual budgeting process. Public Notification: None. Attachments: A. Agreement with ALS Group USA, Corp. Reviewed/ Approved By: Wendy~ erman Assistant City Manager 2 of 30 Reviewed By: Alan Fenstermacher City Attorney Approved By:
July 20, 2021, Item #4City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement entered into this 21st day of July, 2021, by and between the CITY OF POWAY (hereinafter referred to as "City") and ALS Group USA, Corp. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform Potable Water Analytical Laboratory Services in support of the Public Works Department; WHEREAS, Contractor has represented that they possess the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60-day period Contractor shall perform all potable water analytical laboratory in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the 3 of 30 ATTACHMENT A
July 20, 2021, Item #4performance of services, or the failure to perform services as directed by City. Termination for cause shall be affected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this agreement without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps, and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 4of30
July 20, 2021, Item #49. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement, Contractor shall not act as contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter in which it might perform services for the City. "Contractor" means an individual who, pursuant to a contract with a state or local agency: 5 of30 (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
July 20, 2021, Item #4DISCLOSURE DETERMINATION: ~ 1. Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 6 of30
July 20, 2021, Item #414. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s ), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees, and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. 7 of 30
July 20, 2021, Item #4(e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance of its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 8 of30
July 20, 2021, Item #419. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 9 of30
July 20, 2021, Item #424. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of CalPERS while providing services to City. Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 30
July 20, 2021, Item #4IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By: _________ _ Chris Hazeltine, City Manager Date: ----------ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: By: _________ _ Alan Fenstermacher, City Attorney 11 of 30 ALS Group USA, Corp. By: ____________ _ Shelly Brady, Customer Service Manager Date: -------------
July 20, 2021, Item #4A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform potable water analytical laboratory services as required by City, further described in the Agreement, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Schedule submitted in writing on June 20, 2021, which is included in this document as Attachment 2. Contractor's fee shall include, and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said contracting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing July 21, 2021, and ending June 30, 2023, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination". This Agreement may be extended for up to three (3) additional one-year periods upon approval in writing of the City Manager and Contractor. Award of the Agreement and any Agreement extensions are subject to City Council appropriation of funds. Each renewal period (fiscal), the Contractor's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than July 1, 2023. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. 12 of 30
July 20, 2021, Item #4D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 13 of 30
July 20, 2021, Item #43. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: 14 of 30 To City: To Contractor: City of Poway P.O. Box 789 Poway, CA 92074 ALS Group USA, Corp. 3337 Michelson Drive Suite CN750 Irvine, CA 92612 (Remainder of page intentionally left blank
July 20, 2021, Item #4ATTACHMENT 1 TECHNICAL SPECIFICATIONS The purpose of this Agreement is to provide water quality collection, laboratory analysis, lake limnology monitoring and perform regulatory report services for the City of Poway's, Lester J. Berglund Water Treatment Plant (WTP), Lake Poway (Lake), the City's water distribution system, and other collection and laboratory analysis services as stipulated or needed. The City proposes to contract with a California state-certified laboratory that is proactive in their work standards and can meet the qualifications set forth in this proposal package. 1. Sampling Locations: There are approximately twenty-seven (27) distribution water quality sampling locations within the City of Poway. Sampling will occur at four additional locations which include the WTP and the Lake. Locations are subject to change during the term of the contract. The current service area covered by the sampling locations is 37 square miles. 2. Scope of Work: Contractor agrees to provide water quality collection and laboratory analysis services for the City of Poway's Lake Poway, Lester J. Berglund Water Treatment Plant, the City's water distribution system, and other collection and laboratory analysis services as stipulated or needed. Contractor shall provide the necessary qualified personnel to perform the services. In performance of the services, Contractor shall provide the following services: LAKE POWAY Collection and Analysis Annually: Perform all Title 22 analyses to include general mineral, general physical, organics, voe, SOC, etc.; and asbestos, radiological, etc. Quarterly: Nitrate, phosphorus, TOC. Monthly: Limnology -At the deepest part of Lake Poway, and at ten-foot intervals, test for temperature, dissolved oxygen, and surface, middle, and bottom for pH; test surface for plankton count; test bacteriological count MPN (most probable number), and for Total Coliform and E Coli (Present or Absent). Weekly: Perform weekly when monthly MPN bacteriological analysis exceeds 500 for Total Coliform. Weekly assessments must be taken until given count retreats below 500. 15 of 30
July 20, 2021, Item #4CITY DISTRIBUTION SYSTEM Collection and Analysis (Note: P/A = Present/Absent) The following assessments will be completed: Bacteriological: a. (16) Weekly Coliform Bacteria Test P/A b. (4) Weekly Heterotrophic Plate Count (HPC) Physical: a. (4) Weekly Threshold Odor Number b. (4) Weekly Temperature c. ( 4) Weekly Apparent Color d. (4) Weekly Turbidity Additional: a. (16) Weekly Cb -Total & Free b. (16) Weekly Nitrate C. (16) Weekly Nitrite d. (16) Weekly Free Ammonia Monthly: a. (1) Aluminum (one test per month) Quarterly: a. (32) Trihalomethanes or TTHM (eight per quarter & travel blank) b. (32) Haloacetic Acids or HHA (eight per quarter & travel blank) Annually: a. Lead Assessments (30 every three years) b. Copper Assessments (30 every three years) City Monitoring: Additional testing shall be performed for the City of Poway's self-monitoring of S22 (Community "Court" sample station), and the City's reclaimed water reservoir (Gregg Street) to include, but not limited to: Bacteriological: a. Weekly Coliform Bacteria Test P/A b. Weekly Heterotrophic Plate Count (HPC) 16 of 30
July 20, 2021, Item #4Physical: a. Weekly Threshold Odor Number b. Weekly Temperature C. Weekly Apparent Color d. Weekly Turbidity Additional: a. Weekly Cb -Total & Free b. Weekly Nitrate C. Weekly Nitrite d. Weekly Free Ammonia Quarterly: Each quarter, perform one (1) corrosivity testing at City's Gregg Street Reclaimed Reservoir, calculated using both the Langelier Saturation Index and the Ryznar Stability Index. WATER TREATMENT PLANT Collection and Analysis a. Weekly -MPN on raw water sources (two locations); Total Coliform and E. Coli Assessments b. Weekly -MPN on effluent (one location); Total Coliform and E-Coli c. Weekly -HPC on raw water sources (two locations) d. Weekly -HPC on effluent (one location) ANNUAL CONSUMER CONFIDENCE REPORT (CCR} Annually by April 15: Prepare Annual Data Table Report ADMINISTRATIVE FEE Monthly: Project Management Fee, monthly reporting. OTHER SAMPLING REQUIREMENTS a. Weekly: SUVA Testing AS-NEEDED SERVICES 17 of 30
July 20, 2021, Item #4Hourly rate: One worker and one vehicle, Monday thru Friday. Hourly rate: One worker and one vehicle, after regular business hours, holidays, and weekends. OTHER SAMPLING REQUIREMENTS AS NEEDED a. Jar testing if SUVA is above 2.0. b. Cryptosporidium testing as required for existing and new regulatory requirements and compliance. c. Weekly: Perform weekly bacteriological when Lake Poway monthly MPN bacteriological analysis exceeds 500 for Total Coliform. Weekly assessments must be taken until given count retreats below 500. REPORTING REQUIREMENTS (Project Management Fee items) Contractor shall provide the City with a Water Quality Monitoring Plan describing all sampling to be performed by Contractor on a regular basis. This will be provided in an electronic form and a paper copy. This report, both paper and the electronic word file, becomes the property of the City of Poway. The monitoring plan will additionally include but is not limited to S22 Community "Court" sample location and the City's Gregg Street Reclaimed Water Reservoir. Every five (5) years or whenever the City's water systems may be modified, and while this Agreement is in effect, Contractor will amend the Water Quality Monitoring Plan to reflect those water system modifications. While this Agreement is in effect, Contractor shall stay abreast of all new and pending requirements and update the monitoring plan to keep the City informed of all regulatory changes. a. While this Agreement is in effect, Contractor shall complete all applicable reports required now and by future amendments to Title 22 of the California Code of Regulations. The reports shall be completed on the appropriate State Water Resources Control Board (SWRCB) forms and forwarded to the City of Poway for review and approval. Once approval from the City is received, submit the SWRCB Electronic Data Transfer (EDT) in a timely manner. b. Monthly: Prepare the SWRCB monthly summary of monitoring for surface water treatment regulations. Information for this report will be provided by Contractor and City staff. c. Monthly: Prepare the SWRCB monthly summary of distribution system total coliform monitoring. Information for this report to be provided by Contractor. d. Monthly: Prepare the SWRCB monthly summary of distribution system physical analysis. Information for this report to be provided by Contractor. 18 of 30
July 20, 2021, Item #4e. Monthly: Prepare the SWRCB monthly nitrification monitoring report. Information for this report to be provided by Contractor. f. Quarterly: Prepare the SWRCB quarterly disinfectant residuals monitoring report. Information for this report to be provided by Contractor. g. Quarterly: Prepare the SWRCB quarterly SUVA alternative compliance monitoring report. Information for this report to be provided by Contractor. h. Quarterly: Prepare the SWRCB quarterly disinfection byproduct monitoring report. Information for this report to be provided by Contractor. i. Annual CCR: Prepare and submit a draft table report to the City for review and approval. Final document to be delivered to the City of Poway by April 15 of each contract year. [Separate line item] j. Tri-Annual: Prepare the SWRCB tri-annual lead and copper compliance monitoring report. Information for this report will be provided by Contractor and City staff. k. Special Reporting Needs: Contractor and City will negotiate the cost of any special needs not described herein. [Separate line item] 3. Method of Performing Work: a. Methods of Operation: The Contractor shall be responsible for the safety, adequacy, and efficiency of the Contractor's personnel, equipment and methods. The approval of the City of any plan or method of work proposed by Contractor shall not relieve the Contractor of any responsibility thereof, and such approval shall not be considered an assumption by the City of any kind of liability, and the Contractor shall have no claim under this Agreement on account of failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean the City has no objection to the Contractor's use or adoption at the Contractor's own risk and responsibility, of the plan or method so proposed by the Contractor. b. Scheduling of Operations: Contractor shall perform this work at such time as to minimize disturbance or interference to residents, and pedestrian or vehicle circulation. Working hours shall be 7 a.m. to 2:30 p.m., Monday through Friday. There shall be no work on the alternating Friday on which City offices are closed. Deviation from these hours will not be permitted without the prior consent of the Director of Public Works, or their designee. Exceptions may be made under mitigating circumstances, and permission must be granted in writing by the Water Treatment Plant Supervisor. c. Water Sampling on Lake Poway: The City will provide a boat for use while taking water samples and performing limnology monitoring from Lake Poway. The Contractor must supply additional personnel if their policy requires more 19 of 30
July 20, 2021, Item #4than one individual in the boat. The City will not be supplying supplemental staff for this site or any other sites being sampled. d. Reports and Schedules: Contractor may be requested by the City to submit reports and schedules as necessary. Such reports may include, but not be limited to, the following: 1) The MONTHLY regulatory report must be prepared and sent electronically back to the City by the sixth of each month. An email address will be provided. A hard copy of the same report must be to the City by the eighth of each month. The address will be specified. 2) The monthly report requirement is subject to modification if the reporting requirements are changed by the regulatory agency. 3) Written and electronic reports to local, state, and federal agencies as required by local, state and/or federal laws pertaining to municipal water and recycled systems. e. Safety: All work performed under this Agreement shall be performed in such manner as to provide maximum safety to the public and comply with all safety standards required by Cal-OSHA. The City reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this Agreement. 4. Cooperation and Coordination with other Contractors: The Contractor shall cooperate with all other contractors who may be performing work on behalf of the City and workers who may be employed by the City on any work in the vicinity of the work to be done under this Agreement. The Contractor's operation shall interfere to the least possible extent with the work of such contractors or workers. Any difference or conflict that may arise between the Contactor and other contractors, or between the Contractor and City workers, with respect to execution of their work, shall be adjusted and determined by the City. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or contractors, the Contractor shall have no claim against the City on that account other than for an extension of time. 5. Traffic Control: The Contractor shall conduct work so as not to interfere with public travel, whether vehicular or pedestrian. 6. Unfavorable Work Conditions: During inclement weather, or other unsuitable maintenance conditions, the Contractor shall confine operations to work that will not be adversely affected. No portion of the work shall be done under conditions that would adversely affect the quality or the efficiency of the work, unless by special 20 of 30
July 20, 2021, Item #4means or precaution approved by the City, allowing the Contractor the ability to perform the work in a proper and satisfactory manner. 7. Hazardous Conditions: Contractor shall maintain all work sites free of hazards to persons and/or property resulting from her or his operation. Any hazardous conditions noted by the Contractor that is or is not a result of her or his operation shall immediately be reported to the City of Poway Public Works Department at (858) 668-4751. 8. Protection of Existing Facilities and Structures: Contractor shall exercise due care in protecting from damage all existing facilities, structures and utilities both above surface and underground on the City's property. Any damage to City or private property deemed to be caused by the Contractor's neglect, shall be corrected or paid for by the Contractor at no cost to the City. 9. Repairs: All damages or alterations to City property resulting from the performance of work under these specifications during the term of contract shall be repaired or replaced immediately and in kind, to the satisfaction of the Director of Public Works and at no cost to the City. Repairs or replacements not completed to the satisfaction of the Director of Public Works shall be deducted from the contract payment to cover costs. 10. Litter Control: Any debris generated by Contractor in the performance of work required in these specifications shall be removed from the site and properly disposed of at Contractor's expense. [Remainder of Page Left Blank Intentionally] 21 of 30
July 20, 2021, Item #4ATTACHMENT 2 FEE SCHEDULE Note: Total proposal prices include service costs for entire fiscal year. Service and analytical costs include labor, vehicle use/mileage, collection and pickup, overhead, profit, taxes, royalties, fees and any expenses not identified here. In the case of discrepancies between numbers of the bid amount and the words stating the amount, the words shall govern over numbers. LAKE POWAY Collection & Analysis Services UNIT TOTAL QTY FREQUENCY DESCRIPTION OF SERVICES PRICE COST 1 Annually Perform all analyses required for $3,100 $ 3,100 annual California Title 22 report. 4 Quarterly Nitrate, phosphorus, TOC. $ 60.40 $ 241.60 Limnology: At deepest part of Lake Poway and at 10-foot intervals, test for temperature, dissolved oxygen, 12 Monthly and surface, middle, and bottom for $ 196.48 $ 2,357.76 pH. Test surface for plankton count; test bacteriological count; test MPN (most probable number) for Total Coliform and E Coli. TOTAL PROPOSAL LAKE POWAY SERVICES $5,699.36 TOTAL LAKE POWAY SERVICES PROPOSAL AMOUNT, IN WORDS: Five thousand, six hundred, ninety nine Dollars Thirty six Cents 22 of 30 25
July 20, 2021, Item #4CITY DISTRIBUTION SYSTEM SERVICES Collection and Analysis Services (Note: P/A = Present/Absent) UNIT TOTAL QTY FREQUENCY DESCRIPTION PRICE COST BACTERIOLOGICAL 16 Weekly (x52) Coliform Bacteria Test P/A $ 9.77 $8,128.64 4 Weekly (x52) Heterotrophic Plate Count (HPC) $ 8 54 $ 1.776.32 PHYSICAL 4 Weekly (x52) Threshold Odor Number $ 9.06 $ 1,884.48 4 Weekly (x52) Temperature $ 6.09 $ 1 266.72 4 Weekly (x52) Apparent Color $ 9.06 $ 1 RR& .dR 4 Weekly (x52) Turbidity $ 9.06 $ 1 .RR£'!. AR ADDITIONAL 16 Weekly (x52) CL2 -Total Chlorine $ 4.84 $ 4,026.88 16 Weekly (x52) CL2 -Free Chlorine $ 4.84 $ 4 ()?R RR 16 Weekly (x52) Nitrate $ 15.94 $13 262.08 16 Weekly (x52) Nitrite $ 14.69 $12,222.08 16 Weekly (x52) Free Ammonia $17.06 $14 101 Q? MONTHLY 1 Monthly (x12) Aluminum $ 11.08 $ 132.92 QUARTERLY 32 Quarterly (x8) Trihalomethanes (TTHMs) $ 43.13 $11,041.28 (includes one travel blank) 32 Quarterly (x8) Haloacetic Acids (HHAs) $ 73.95 $18,931.20 (includes one travel blank) EVERY THREE (3) YEARS OR AS MANDATED (include two tri-annual assessments) 30 Tri-Annually Lead Assessments $ 10.00 $ 300.00 30 Tri-Annually Coper Assessments $ 10.00 $ 300.00 TOTAL PROPOSAL CITY DISTRIBUTION SYSTEM SERVICES $ 95262.36 TOTAL DISTRIBUTION SYSTEM SERVICES PROPOSAL AMOUNT, IN WORDS: Ninety five thousand, two hundred, sixty two Dollars Thirty six Cents 23 of 30 26
July 20, 2021, Item #4CITY MONITORING SERVICES (NON-REGULATORY) ~ Community Court Sample Site S22 ~ Gregg Street Recycled Water Reservoir Collection and Analysis Services (Note: P/A = Present/Absent) QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST BACTERIOLOGICAL 2 Weekly (x52) Coliform Bacterial Test PIA $ 9.77 $1,016.08 2 Weekly (x52) Heterotrophic Plate Count (HPC) $ 8.54 $ 888.16 PHYSICAL 2 Weekly (x52) Threshold Odor Number $ 9.06 $ 924.24 2 Weekly (x52) Temperature $ 6.09 $ 633.36 2 Weekly (x52) Apparent Color $ 9.06 $ 924.24 2 Weekly (x52) Turbidity $ 9.06 $ 0?4 ?4 ADDITIONAL 2 Weekly (x52) CL2 -Total Chlorine $ 4.84 $ 503.36 2 Weekly (x52) CL2 -Free Chlorine $ 4.84 $ 503.36 2 Weekly (x52) Nitrate $ 15.94 $1,657.76 2 Weekly (x52) Nitrite $ 14.69 $1,527.76 2 Weekly (x52) Free Ammonia $ 17.06 $ 1 774.24 QUARTERLY 1 Quarterly (x4) Corrosivity Testing ** (reclaimed water) ** Calculated using both Langelier Saturation $85.80 $ 343.20 Index and Ryznar Stability Index. . TOTAL PROPOSAL (non-regulatory) CITY MONITORING SERVICES $11,620 PROPOSAL City reserves the right to increase or decrease testing sites for non-regulatory monitoring purposes during term of Agreement. TOTAL NON-REGULATORY CITY MONITORING SERVICES PROPOSAL AMOUNT, IN WORDS: Eleven thousand, six hundred, twenty Dollars Zero Cents 24 of 30 27
July 20, 2021, Item #4WATER TREATMENT PLANT Collection and Analysis Services QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST Raw Water Source: MPN Total $ $ 1,985.36 2 Weekly (x52) Coliform, E. Coli 19.09 1 Weekly (x52) Effluent: MPN Total Coliform, E. Coli $ 19.09 $ 992.68 Raw Water Source: Heterotrophic Plate $ $ 888.16 2 Weekly (x52) Count 8.54 1 Weekly (x52) Effluent: Heterotrophic Plate Count $ 8.54 $ 444.08 TOTAL PROPOSAL WATER TREATMENT PLANT SERVICES $ 4,310.28 TOTAL WATER TREATMENT PLANT SERVICES PROPOSAL AMOUNT, IN WORDS: Four thousand, three hundred, ten Dollars Twenty eight Cents ANNUAL CONSUMER CONFIDENCE REPORT (CCR) Regulatory Report QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST Annual Consumer Confidence Report (CCR) $ 350.00 $ 350.00 Annually Prepare draft table report to the City for 1 By April 15 review and approval. TOTAL PROPOSAL ANNUAL CONSUMER CONFIDENCE REPORT $ 350.00 TOTAL ANNUAL CONSUMER CONFIDENCE REPORT PROPOSAL AMOUNT, IN WORDS: Three hundred fifty Dollars Zero Cents 25 of 30 28
July 20, 2021, Item #4ADMINISTRATIVE FEE QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST Project Management Fee -Monthly (includes reporting costs not specifically $ 0.00 $ 0.00 12 Monthly (x12) identified) TOTAL PROPOSAL ADMINISTRATIVE FEE $ 0.00 TOTAL ADMINISTRATIVE FEE PROPOSAL AMOUNT, IN WORDS, IF APPLICABLE: Zero Dollars Zero Cents OTHER SAMPLING REQUIREMENTS Collection and Analysis Services QTY FREQUENCY DESCRIPTION UNIT TOTAL PRICE COST 52 Weekly (x52) SUVA Testing $ 62.25 $3,237.00 TOTAL PROPOSAL SUVA TESTING $ TOTAL SUVA WEEKLY TESTING PROPOSAL AMOUNT, IN WORDS: Three thousand two hundred thirty seven Dollars Zero Cents AS-NEEDED SERVICES (Contingency cost) QTY FREQUENCY DESCRIPTION HRLYRATE Hourly Rate: One Worker and One Vehicle, $ 45.00 EA As-needed Monday thru Friday Dollars and Regular Hourly Rate, in words: Forty five dollars, zero cents 45.00 Cents Hourly Rate: One Worker and One Vehicle, After Regular Business Hours, Holidays, $ 75.00 EA As-needed Weekends Dollars and After-Hours Hourly Rate, in words: Seventy five dollars, zero cents 75.00 Cents 26 of 30 29
July 20, 2021, Item #4OTHER SAMPLING REQUIREMENTS AS NEEDED (Contingency cost) Collection and Analysis Services QTY FREQUENCY DESCRIPTION UNIT PRICE EA As-needed Jar testing if SUVA is above 2.0 $175.00 Cryptosporidium testing for regulatory $ 550.00 EA As-needed requirements and compliance Perform weekly bacteriological when Lake Poway monthly MPN bacteriological analysis exceeds 500 for Total Coliform. Weekly $ 64.09 assessments must be taken until given count EA As-needed retreats below 500 TOTAL PROPOSAL AMOUNT FOR REQUIRED SERVICES {DO NOT INCLUDE CONTINGENCY COSTS): In figures: $ 120,479.00 In words: One twenty thousand, four hundred seventy nine Dollars Zero Cen~ SPECIAL REPORTING AND TESTING NEEDS Contractor and City will negotiate the cost of any special needs not described herein. Authorized Agent / Officer: _M_a_rc_h_ea_l_"S_h_e_llL...y'_' B_r_ad ....... Y _____________ _ Title: Customer Service Manager Address: 3337 Michelson Drive, Suite CN 750 Telephone No. (714) 730-6239 Email address: shelly.brady@alsglobal.com Poway Business Certificate License Expiration Date: 27 of 30 June 23, 2022 30 Fax No. (714) 730-6462 BC-019737 No. _________ _
July 20, 2021, Item #4EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated > GOVERNMENT CODE > Title 1 General > Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. (d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 28 of 30 (1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior
July 20, 2021, Item #4to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 29 of 30 (1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B) For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C) For employees of the California State University, the Trustees of the . California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
July 20, 2021, Item #4(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. {g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. {h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. {i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ,ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 30 of 30