AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this day of
, 2024, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18h Street, Merced, California 95340, (hereinafter referred to as "City") and BSK Associates, Inc., a Calitornia Corporation, whose address of record is 687 North Laverne Avenue, Fresno, California 93727, (hereinafter referred to as "Consultant").
WHEREAS, City is undertaking a project to obtain general laboratory services; and,
WHEREAS, Consultant represents that it possesses the professional skills to provide laboratory services in connection with said project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:
SCOPE OF SERVICES. The Consultant shall furnish the following services: Consultant shall provide the laboratory services described in Exhibit "A" attached hereto.
No additional services shall be performed by Consultant unless approved in advance in writing by the City, stating the dollar value of the services, the method of payment, and any adjustment in contract time. All such services are to be coordinated with City and the results of the work shall be monitored by the Director of Public Works or designee. However, the means by which the work is accomplished shall be the sole responsibility of the Consultant.
2. TIME OF PERFORMANCE. All of the work outlined in the Scope of Services shall be completed in accordance with the Schedule outlined in Exhibit "A" attached hereto and incorporated herein by reference. By mutual agreement and written addendum to this Agreement, the City and the Consultant may change the requirements in said Schedule.
3. TERM OF AGREEMENT. The term of this Agreement shall
commence July 1, 2024 and end on June 30, 2027.
COMPENSATION. Payment by the City to the Consultant for actual services rendered under this Agreement shall be made upon presentation of an NASHARED Environmental Control Administration RFP's & Contracts\Contracts\BSK Lab FY 2024-2027\PSA_BSK 24-27.docx 1 invoice detailing services performed under the Scope of Services, in accordance with the fee schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. The Consultant agrees to provide all services required under the Scope of Services in Exhibit "A" within the compensation amount set forth in Exhibit "B". For Consultant's services rendered under this Agreement, City shall pay Consultant the not to exceed sum of One Hundred Twenty-Three Thousand Five Hundred and One Dollars and Forty Cents ($123,501.40) for each year of this Agreement for a not to exceed total contract amount of Three Hundred Seventy Thousand Five Hundred and Four Dollars and Twenty Cents ($370,504.20) for the three (3) year term of this Agreement.
METHOD OF PAYMENT. Compensation to Consultant shall be
paid by the City after submission by Consultant of an invoice delineating the services performed.
6. RECORDS. It is understood and agreed that all plans, studies, specifications, data magnetically or otherwise recorded on computer or computer diskettes, records, files, reports, etc., in possession of the Consultant relating to the matters covered by this Agreement shall be the property of the City, and Consultant hereby agrees to deliver the same to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials including but not limited to those set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
7. CONSULTANT'S BOOKS AND RECORDS. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City.
INDEPENDENT CONTRACTOR. It is expressly understood that Consultant is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Consultant shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should Consultant desire any insurance protection, the Consultant is to acquire same at its expense.
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2 In the event Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9. INDEMNITY. Consultant shall indemnify, protect, defend (with legal counsel selected by the City), save and hold City, its officers, employees, and agents, harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of Consultant or Consultant's officers, employees, volunteers, and agents during performance of this Agreement; Consultant shall indemnify, protect, defend (with counsel selected by the City) save and hold City, its officers, employees and agents harmless from any and all claims or causes of action for any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant's work, or resulting from the negligence of the City, its officers, employees, volunteers and agents, except for loss caused by the sole negligence or willful misconduct of the City or its officers, employees, volunteers or agents. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall survive the termination of this Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
10. INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
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3 a. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) tor any one person and as required by law, including Employer's Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City. b. General Liability.
(i) Consultant shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(ii) Consultant shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Consultant.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
(v) Consultant shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal. c. Automobile Insurance.
(i) Consultant shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
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4 (ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the
Consultant.
(iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
d. Professional Liability Insurance. Consultant shall carry professional liability insurance appropriate to Consultant's profession in the minimum amount of One Million Dollars ($1,000,000). Architects and engineers' coverage is to be endorsed to include contractual liability.
e. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A: VII or better (except for workers' compensation provided through the California State Compensation Fund).
f. Certificate of Insurance. Consultant shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation —including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Consultant's insurance policies are not current.
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5 11. PREVAILING WAGES.
A. Labor Code Compliance. If the work performed under this Agreement falls within Labor Code Section 1720(a)(1) definition of a "public works" the Consultant agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Consultant further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.
B. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. General Prevailing Wage Rate Determinations may be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/.
C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations, if applicable, are to be obtained by the Consultant from the Department of Industrial Relations. Theses wage rate determinations are to be posted by the Consultant at the job site in accordance with Section 1773.2 of the California Labor Code.
D. Consultant agrees to include prevailing wage requirements, if applicable, in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.
12. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Consultant and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City.
13. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the phase of work actually completed, based on a pro rata portion of the compensation for said phase satisfactorily completed at the time the notice of termination is received.
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6 14. CONFORMANCE TO APPLICABLE LAWS. Consultant shall
comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
15. WAIVER. In the event that either City or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
16. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached documents) or exhibit (s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
17. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of X: \Agreements\WWTP-General\2024\PSA BSK 24-27.docx
7 similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
18. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
19. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
20. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
22. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
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8 ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
BY Cantona Connel 04/3/2024
Date
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
BY:
Verified by Finance Officer
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9 CONSULTANT
(Signature)
Cole S. Macke prang
(Typed Name)
Irs: Business Develop mat director
(Title)
BY:
(Signature)
(Typed Name)
Its:_
(Title)
Taxpayer I.D. No. 94-1633676
ADDRESS: 687 N. Laverne Ave
Fresno, CA 93650
TELEPHONE: (559) 497-2888
FAX:_ (559) 497-2886
E-MAIL:_
N: SHARED Environmental Control Administration\RFP's & Contracts\Contracts\BSK Lab FY 2024-2027\PSA_BSK 24-27.docx 11 ESK
ASSOCIATES
March 1, 2024
City of Merced - Water Quality Control Division
1776 Grogan Ave.
Merced, CA 95341
Mr. Jeremy Geiger - Water Quality Control Supervisor
Re: Request for Proposal for General Laboratory Services Dear Mr. Geiger:
On behalf of BSK Associates' Laboratory Services Division (BSK Labs), I would like to thank you for being included in your solicitation process for the City of Merced "General Laboratory Services" program. We have thoroughly reviewed the bid information and take no exceptions nor request any variances to the specifications set forth in your request for proposal.
Enclosed please find the following support information:
• A). Cover Letter (This Page)
> B). Experience and Services (Statement of Qualifications) • C). Project Understanding
• D). Special Requirements
• E). References
> F). Fee Estimates (under separate cover)
Included in our SOQ are sections detailing BSK Lab's support capabilities. This information illustrates the experience BSK offers in all facets of Drinking Water, Wastewater, and Monitoring Well analyses and support capabilities, expertise which will be crucial in furnishing the highest quality data in accordance with the bid schedule and specifications.
We can perform the work outlined in the Scope of Services and will do so until the contract ends on June 30, 2027.
Should you have any questions or require additional information, please contact me at your convenience.
Thank you again for including BSK in this bid opportunity.
Sincerely,
Cale S. Mackalprang
Cole S. Mackelprang
Business Development Director
559-497-2888 x160
BSK Associates
Exhibit A
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company
BSKANALYTICAL LABORATORIES
B). INTRODUCTION-EXPERIENCEAND SERVICES
BSK Associates (BSK) is an employee-owned, professional services corporation based in California. BSK Associates' Analytical Laboratory was founded in July 1966 to support the Engineering Division's needs for testing services related to environmental remediation. Over the years, the laboratory grew substantially, becoming specialists in the analyses of drinking water for CA Title 22 compliance, wastewater for NDES and SWQCB permit compliance, and ground and surface non-potable testing related to the Irrigated Lands and Caltox program for discharges to estuaries, bays, and other surface water bodies in the state. Our specialization has not only centered on the most current analytical methods associated with these industries, but has also new, evolving methods required in the drinking water and wastewater industries such as low-level Hexavalent Chromium, Perchlorates, 1,2,3-Trichloropropane, and one of the few labs nationwide that has participated in all of EPA's UCMR Programs thus far (UCMR1-5).
Currently, BSK Labs has approximately 101 full-time equivalent employees (FTE) in our Fresno and Rancho Cordova Lab operations. The primary facility in Fresno is a full-service 25,000 sq ft. environmental laboratory specializing in water quality analyses. We have invested over $11M into our facilities and to purchase new equipment over the past 7 years. Our facility is certified for most of the analyses associated with these matrices except for Asbestos, Dioxin, Radiochem, TPH Jet Fuel (stormwaters), EPA 1631 LL Mercury, Tributyl Tin and Phenolics.
Current credentials are maintained for the States of California, Nevada, Oregon, Washington, and Hawaii. With a recent expansion of our NELAC accreditation, BSK has expanded services into the Pacific Northwest and a world-wide client base for the Bottled Water industry.
BSK serves a client base well over 3000 individual cities, utilities, water districts, corporations, and homeowners. Most of these customers (>80%) utilize BSK for their Drinking and Wastewater testing services. Our clients vary in size from a handful of distribution points to the largest utility for deep-water production wells in the United States.
In addition, BSK also provided analytical and technical support to private individuals, wastewater and surface water treatment plants, environmental engineering groups of various disciplines, and miscellaneous analytical support to private industry. When added together, BSK performed testing services for over 1500 different clients in the past year alone.
Our 55+ years of experience in all phases of water testing enables BSK to provide our clients with much more than routine analytical support. We frequently consult with our clients to provide valuable information for non-routine work and specialty projects. BSK is proficient with emerging tests such as PFAS, low-level NDMA, Perchlorate, 1,4-Dioxane, and, most recently, low-level Hexavalent Chromium and 1,2,3-Trichloropropane at the latest Public Health Goals. BSK has also participated in specialty projects such as tracer studies for plant optimization, special zone sampling for aquifer evaluations, and pump studies for the effects on water quality and treatment systems. Our diversity and experience with water testing and evaluations enables BSK to be a valuable team member for problem solving, which is one of our valued-added services
2 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company extended to all of our clients. BSK offers a wide array of analytical support and consultation in addition to the routine tests outlined in this RFP, which have extended to the City of Merced continuously over the past 16 years. We look forward to continuing to offer our analytical support capabilities and program solving experience to the City of Merced for all their testing needs.
BSK has been in business for more than 55 years of service to the environmental community.
During this time, we have accumulated hundreds of references. Three of those references, whose analytical programs are virtually identical to those outlined in this bid, have been listed in Section 11 for your review. Our lab is approximately 50 miles from the City of Merced making it easy for BSK couriers to pick up samples at your request. Our couriers are currently in the City of Merced on routine schedules every Tuesday, Thursday, and Friday. We have been able to coordinate the majority of Merced's sampling on these days and, if an emergency pickup is needed, BSK will make every effort to accommodate the City.
C). PROJECT UNDERSTANDING
BSK has reviewed the statement of work and will provide the following services to ensure successful completion. We have streamlined the lab for the ability to easily integrate unscheduled samples into sample groups that are currently in-progress without interruption to work-flow. This allows the lab to achieve our anticipated TAT as well as meet the client's performance expectations and their reporting schedules. We are also aware of and have experience with the "emergency" situations that occur in this industry which necessitate immediate response. Positive bacteriological findings, GAC break-through, MCL exceedances, and unknown chemical intrusion into the treatment system are all examples of the same-day analytical needs we have encountered. BSK Analytical Laboratories will make every reasonable effort to expedite these emergency response analyses in the requested time frame.
Certifications and Personnel Qualifications
BSK is current certified by the California Department of Public Health under the ELAP Program as well as NELAP certification from the State of Oregon which California grants reciprocity to.
BSK is certified for all methods (or their equivalent) listed in this RFP except for the tests listed below. This is of significant value to the City in that it virtually eliminates the need for using subcontractors, especially for expensive tests such as Priority Pollutants and the upcoming UCMRS, which not only reduces the chance for errors when forwarding samples to other facilities, but also reduces the analytical cost as the laboratory would need to apply some degree of markup to address the added handling costs. Furthermore, by minimizing the degree of subcontracting required, the City will realize fewer problems associated with broken containers and out-of-temperature compliance issues which will in turn save the City substantial time and costs associated with any re-sampling efforts.
The following tests will be subcontracted to the following ELAP Certified Laboratories:
LA Testing - Asbestos
Ceres - Dioxin
FGL - Radiochem
McCampell - TPH Jet Fuel (stormwaters)
3 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company • Basic - EPA 1631 LL Mercury
• Weck - Tributyl Tin
• McCampbell - Phenolics
Copies of our certifications as well as those of our subcontractor labs are available upon request.
BSK Key Personnel
For the City of Merced, BSK proposes to use Elaine Phillips as the primary point of contact. She is the current Project Coordinator for the City and is familiar with the existing analytical equirements related to the drinking and wastewater programs, the TCE groundwater program he rush requirements and the special distribution system samples. She is thoroughly versed wit he invoicing protocols and the special reporting requirements for the City, including those relate o the number of custom hardcopy formats and electronic data deliverables. Elaine has man years of experience in the environmental laboratory industry. This experience affords a tremendous understanding of all aspects of drinking water rules and NPDES regulations as well as the ability to address issues immediately should they occur. Michelle Croft will act as a secondary contact to the City in her absence. This will ensure the City has immediate access to a lab representative should a question or issue ever arise that needed to be addressed right away.
Elaine Phillips - Project Manager I|
Michelle Croft - Backup Project Manager
Belinda Vega - Chief Operations Officer, Laboratory Division Dan Bennett - Organics Department Manager
Teresa Shaw - Inorganics Department Manager
Norman Espinoza - Metals Department Manager
Dave Tsubota- Technical Services Manager
Michael Ng - Quality Assurance/Quality Control Manager
Mickey Lear - Fresno Lab Branch Manager
Joshua Ladd - IT Manager
In addition to management, BSK has a full complement of cross-trained analysts that are responsible for the routine generation of data. We do not designate specific analysts to clients.
The four primary section managers who oversee these analysts will be our Inorganic, Metals, Organics, and QC Managers. The Laboratory management staff are all degreed scientists.
Currently, 35% of laboratory staff are degreed chemists, 36% are degreed in other science majors. Our average employee work experience exceeds ten years of actual laboratory work and over half of the staff have been with BSK over ten years, illustrating a dedicated, strong, and experienced work staff in drinking and wastewater analytical testing. Resumes are available Analytical Turnaround Time (TAT)
BSK recognizes that the City must be able to rely on the laboratory to deliver results on time.
Our standard turnaround schedule is 10 business days, significantly less than the 15 days listed in the bid specifications. BSK's quicker TAT will allow the City to have a faster response time should any issues arise. BSK uses this "On Time" metric to closely monitor the performance of the laboratory. It is a topic discussed weekly at management meetings and presented during all 4 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company staff meetings for everyone to see. Copies of our performance are also posted around the laboratory as a daily reminder of the importance in meeting our commitments to our clients.
For the City of Merced, BSK strives to offer the best turnaround time possible as a valued client.
Rush samples will be processed under special circumstances with a 5 day or less TAT. Note:
Additional charges will apply for these samples and laboratory approval for rushes must be made in advance.
DRINKING WATER RESULTS REPORTING and GEOTRACKER for Monitoring Wells Results for drinking water testing are reported to the State EDT "Write-On" program. Both the electronic and hard copy reports generated in the "Write-On" format are processed directly trom the BSK LIMS database using a proprietary programming technique. The State Forms are automatically printed along with a standard BSK hardcopy report. Both sets of data pages are sent to the client. The electronic results are transferred to the State twice a month (versus the monthly basis as per CDPH database request). BSK will also assist the City in having questionable or mistaken data entries recanted from the database. BSK also has extensive experience in reporting data in different customized electronic formats. If the City should ever require additional electronic reporting, we are confident we can assist in your needs. This is a time saver for the creation of the City's CCR reports which require an accumulation of the year's data in one file. We can easily assist the City with this, again at no additional cost.
Please note the state EDT program is transitioning to the CLIP program. BSK will assist the City with this transition.
MERCED PCE GROUNDWATER PROJECT EDF REQUIREMENTS
In addition to the EDDs required for drinking water compliance, BSK is completely familiar and experienced with the Electronic Data requirements of GeoTracker. Most of our engineering, RWQCB, and DTSC projects require the lab to submit the data in this format to the consultant for final uploading into the states' database. While the Project Manager (PM) is reviewing the hard copy report, the GeoTracker file is analyzed through our checker system. If no errors are discovered, the file and the final report are submitted to the consultant at the same time for review and final upload to the State's database. The laboratory does not perform this upload.
If errors are discovered while running through the automated checker, they will be evaluated and corrected by our IT group as soon as possible prior to being sent to the client. By utilizing both the laboratory IT group and the experience and expertise our Engineering Division has with GeoTracker, checker errors are usually easily diagnosed and quickly corrected. This allows the client to upload the data to the Board in a timely fashion. BSK has developed an excellent working relationship with the City's consultants involved with the PCE Groundwater project.
Our timeliness in delivering both hard copy reports and GeoTracker files has enabled reports to be completed on time and error-free. This service is provided at no additional cost to the client.
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company UCMR 5 TESTING
BSK is certified for all UCMR5 compounds and is knowledgeable in the scope, analytical methods and contaminants required for groundwater sourced large drinking water systems.
TRAVEL AND FIELD BLANKS
BSK Analytical Laboratories will supply travel and field blanks for volatile organic methods when requested for specific bottle orders intended for immediate use. The preparation of fresh blanks is vital in data validation. There will be no limit on the number of Trip Blanks the City can submit as long as it is one Trip Blank per environmental set of samples. These Trip Blanks must be prepared by the lab using VOC-free water from the same system from which our daily method blanks are prepared (proven to be free of target analytes). These vials are labeled with the preparation date and sealed to verify their integrity. The analytical results of these blanks will be compared to the accompanying environmental samples to verify if environment intrusion was a possibility. A detailed evaluation will be addressed in the Case Narrative section of the final report. These blanks will be analyzed at no additional cost if requested as a "travel blank" on the chain of custody. Additionally, BSK will supply "Organic Free Water" to be used as Equipment Blanks by the samplers to verify their equipment decontamination procedures have been successful (if needed). This water is tested for VOCs prior to shipment to assure the water could not be a contributor to VOC contaminants. This water will also be supplied at no additional cost.
COMMUNICATION to CLIENT
As indicated above, BSK will assign a dedicated Project Manager (PM) to the City of Merced.
This single point of contact has historically worked well in the past and helps facilitate concise lines of communication between the lab and the City for bottle orders, status reports, and quickly evaluating current data points to historical trends. The most important item will be in immediate response should there be a Drinking Water MCL exceedance, which would trigger the need to contact the City at once without any confusion at the lab. BSK's LIMS system runs a daily program to search for MCL exceedances. The PM is notified within no more than twenty- four hours of a result being approved in the system that it exceeds an established MCL. The client is then notified on the same day, following notification of the PM. This is as close as real- time data as possible and a service our clients have found invaluable for monitoring treatment systems or wells that need to be blended due to water quality. By dedicating a PM as the client's single point of contact, this process functions very efficiently. In the unlikely event that an analysis will be delayed due to equipment failure or activities beyond our control, the PM will immediately notify the City of the situation. The PM will discuss all options to the City so that the best resolution in the interest of the City can be agreed upon. This will take place the same day the issue is brought to the attention of the PM.
Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company LIST of LABORATORY SERVICES
BSK Labs is a full-service environmental laboratory. In addition to the specific tests listed in the RFP, we offer a wide array of additional analytical support capabilities that complements our extensive testing support capabilities. In additional to specialty testing such as EPA's UCMR Program, the lab is currently involved with the testing of low-level 1,2,3-TCP, low-level texavalent Chromium, low-level Perchlorate, and the impact of PFAS on groundwater by EPA 537.1, 533 methods. Additional tests can be performed upon request. Please contact the lab for pricing.
Sample Receiving and Containers
Our Sample Receiving department in our Fresno lab is open Monday through Friday 7:30 A.M. t 5:30 P.M. We will continue to provide complimentary courier pick-up of your samples a:
needed.
Because of our proximity to the City of Merced and our existing courier and sampling routes near the City, we can provide prompt and convenient sample pick-ups. We are always willing to provide special services for sample transfers upon request.
Containers and materials needed for sampling are available through our Sample Receiving department. We keep a constant supply of containers ready for your sampling needs. BSK Analytical Laboratories assumes all costs of sample bottles, shipping containers, and shipping materials.
Chain of Custody Procedures
One important element, in providing our clients with consistent and accurate results, is the assurance that continuous integrity of the sample and its documentation has been provided throughout the entire process. Our courier and Sample Receiving department will provide the proper chain-of-custody for delivery of samples to our laboratory.
Upon receipt at the lab, all samples are inspected for proper sample condition, correct label identification, and a correctly completed Chain of Custody record. After initial inspection, each sample is assigned a unique laboratory identification number, and the analyses that are requested are recorded for each sample. All pertinent information is entered into our LIMS system. Our LIMS system keeps a complete record of all sample activity, analytical results, and is employed to generate the Certificate of Analysis.
Quality Control Reports
All submissions include a "Level I!" Quality Control report. These Quality Control reports contain resurator epicate resk is. Caris, /anion balance reports are also available for samples wian af complete analysis of inorganic ions
7 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company Laboratory Information Management System (LIMS)
BSK Labs utilizes a state-of-the-art LIMS system, "ELEMENT" Promium, for all data handling and direct report generation, processing, and electronic delivery. BSK employs three full time information systems administrators, who have customized the LIMS system to provide the following features:
Record of all samples received and their pertinent details Complete audit trail of any changes made to an original entry Password protected web access
Sample hold time tracking
Instantaneous status of samples
Client specific tests and profiles of tests
Supervisor approval requirement for final results
Instantaneous final reports
Automatic Quality Control reports (2 levels)
Variety of query capabilities
Customized final reports
Customized Electronic Data Deliverable (EDD
All sample results and Quality Control results are available as Electronic Data Deliverables (EDD and will be sent directly upon completion. They are normally formatted in standard spreadsheet files (such as EXCEL), but custom reports are available according to your specifications and we will work to export data to your LIMS system.
Sample Hold Times
Sample hold times are managed through our LIMS system. They are derived from method specific references. Sample shipping schedules will also consider the need to meet holding In the unlikely event that a holding time is exceeded due to laboratory error, a replacement sample will be analyzed at no charge to the City.
Invoicing
All pricing under this proposal is assigned in our LIMS system to a quote. The invoices are automatically generated using the quote, thus providing the correct pricing for each sampling event. If the City requires analytical support not listed on the price schedule, the tests will be priced at BSK's standard rates.
Emergency Samples
As a Fresno-based laboratory, BSK is uniquely positioned to provide on-call or emergency testing services for situations outside of the normal business hours specified in the RFP. BSK has orovided similar services to other clients in the region. A valued client contacted laboratory personnel on the weekend as their entire distribution system was suspected as having bacteria BSK staff arranged courier and sampling teams to work immediately and processed samples in a matter of hours. This service was instrumental in allowing the township the ability to return their distribution system to normal service without any emergency notifications.
8 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company BSK offers the City a group of emergency contacts should the need arise. The City will be provided with an emergency contact list that includes direct phone numbers of all key personnel within the operation. These contacts have access to the Laboratory's highest levels of management ensuring the ability to assemble the resources necessary to address the City's need. Included on the list will be the Laboratory Director/ Vice President of Laboratory Services who can gather additional support from within the company should the need arise. BSK representatives will meet City personnel at the laboratory or at a specified location to accept samples for emergency services.
Proof of Insurance
A copy of BSK's general insurance coverage will be provided upon contract award.
D). SPECIAL REQUIREMENTS
BSK has reviewed the special issues and requirements on pages 5 and 6 of the RFP and will comply with the language provided regarding:
• Form and Execution of the Contract (agreement for professional services
• Labor Code (workers compensation)
• Civil Rights Laws (non-discrimination)
• Insurance (requirements in Section 9)
• Conflict of Interest
• City of Merced Business License
E). PROFESSIONAL REFERENCES
BSK currently provides analytical support for public utilities in both California and Nevada.
According to the California Department of Public Health Database group, BSK is one of the top submitters of Drinking Water electronic data into their Write-On database for regulatory compliance monitoring. In doing this volume of Drinking Water testing, BSK has provided analytical support to every type of utility project imaginable. The utilities listed below as professional references were selected due to their similarity to the City of Merced's testing needs such as the type of tests performed, the volume of samples submitted, the regulatory compliance needs for Title 22 Drinking Water and NDES regulatory compliance requirements, the EPA's UCMR program scope, and their electronic reporting requirements. These references are in addition to the relationship BSK has had with the City of Merced for the last two decades.
Additional references can be provided upon request.
References
City of Fresno Water Division
1910 E. University
Fresno, CA 93703
Contact: Bob Little
Phone: (559) 621-5355
Services Provided: Title 22 Drinking Water analysis/GAC testing/Surface Water testing, and Complete UCMR1, 2, and 3 and 4 support.
9 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company City of Tulare
3981 S. K Street
Tulare, CA 93274
Contact: Tim Doyle - Water Collections Utility Manager
Phone: 559-684-4286
Email: [email protected]
Contact: Rich Bono - Wastewater Treatment Plant Manager Phone: 559-685-2360
Email: [email protected]
Services Provided: Comprehensive Title 22, special low-level 1,2,3-TCP, DBCP, and Cr+6 projects, complete WWTP testing for WDR Regulatory compliance and comprehensive Priority Pollutant Analysis.
City of Woodland
655 N. Pioneer Ave.
Woodland, CA 95776
Contact: Jeremy Cox - Drinking Water Supervisor
Phone: 530-661-5882
Email: [email protected]
Comprehensive Title 22 and UCMR1, 2, and 3 & 4 testing. 10 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company F). FEE ESTIMATE (Under separate cover as requested)
Fee estimates are included for the specified analyses and methods. The prices listed are for routine analyses performed to industry standard levels of technology and reporting limits.
BSK has provided this level of analytical service to the City of Merced on past projects. All data has been found acceptable by the City of Merced, California DPH, and the RWQCB. We foresee no problematic areas with any of the regulatory agencies to which this data will be submitted. Extraordinary analytical requirements, such as extremely low detection limits, unusual matrices, or new government regulations may require method modifications, and/ or subcontracting, which may result in different costs for these special analyses. BSK will cooperate with the City of Merced to identify these special projects and provide appropriate quotations for them.
Rush Charges are as follows:
2 day: 100%
3 day: 50%
5 day: 25%
11 Environmental, Geotechnical, Construction Services, Analytical Testing - An Employee-Owned Company 3SK
ATTACHMENT B
NDES SAMPLING REQUIREMENTS
No. of
Parameter Samples Matrix Pricing Each Pricing Total Notes:
TKN ww 36.00 $ 1,872.00 1 Standard Minerals shall include: boran, calcium, Dissolved Organic Carbon === ww $ 40.00 $ 160.00 iron, magnesium, potassium, sodium, chloride, Copper, Total Recoverable ww 15.00 S 60.00 manganese, phosphorus, total alkalinity, (including Hardness, Total (as CaCO3) 4 ww 13000 5 120.00 alkalinity series: bicarbonate, carbonate, and Chlorpyrifos 4 wW 125.00 500.00 hydroxide), and hardness, and include verification that Diazinon 4 ww NA* the analysis is complete (i.e. cation/anion balance) * EPA 8270 Chlorpyrifos and Diazinon are analyzed together.
Dissolved Organic Carbon RSW $ 40.00 $ 320.00 Pricing for Chlorpyrifos includes pricing for Diazinon Standard Minerals 2 wW $ 125.00 $ 250.00
EPA 8081 4 ww 105.00 $ 420.00 2 Full Priority Pollutant Scan analyzes the full list of EPA 8260 4 100.00 $ 400.00 126 constituents per 40 CFR 423, Appendix A plus pH Cyanide 4 ww 33.00 $ 132.00 and Hardness
Metals Cam 17 (3010) 4 ww 125.00 $ 500.00
Arsenic 24 GW 15.00 S 360.00 3 Biosolid and Soil Profile shall include: ammonia, EC GW 10.00$ 240.00 nitrate, % solid, pH, phosphorus, TKN, TON, arsenic, Nitrate plus Nitrite Nitrogen, boron, cadmium, chromium, copper, lead, mercury, 24 GW $ 30.00 S 720.00 molybdenum, nickel, potassium, selenium,zinc, fecal & Ammonia Nitrogen, Total (as total coliform.
GW 3500 8 840.00
Total Nitrogen GW 66.00 1,584.00
Total Kjeldahl Nitrogen 24 GW 36.00 864.00
pH 24 GW 10.00 240.00
Total Dissolved Solids 24 GW 20.00 $ 480.00
Total Coliform Organisms 24 GW 40.00 $ 960.00
Standard Minerals 24 GW 125.00 $ 3,000.00
Sulfate as S04 24 GW 15.00 $ 360.00
Influent Full Priority Pollutant
Scan? 1 ww $ 3,100.00 3,100.00
Effluent Full Priority Pollutant
Scan? 1 wW $ 3,100.00 $ 3,100.00
Biosolid Full Priority Pollutant
Scan? 1 Solid $ 730.00 $ 730.00
EC 22 DW 10.00 $ 220.00
Total Dissolved Solids 22 DW 20.00 $ 440.00
Gross Apha Particle Activity 1 DW 60.00 60.00
Biosolid Profile 2 Solid 430.00 $ 860.00
Land App Soil Profile 22 Solid $ 350.00 7,700.00
LABORATORY DI WATER SAMPLE REQUIREMENTS
No. of
Parameter Samples Matrix Pricing Each Pricing Total Notes:
Inhibitory Residue 850.00 1 Calcium, Magnesium, sodium, potassium, sulfate, TOC 1 30.00 phosphate, carbonate, bicarbonate
Water Quality Test Ratio 850.00
Metals? 90.00 2 Cadmium, chromium, copper, lead, nickel, zinc
INDUSTRIAL WASTEWATER SAMPLE REQUIREMENTS
No. of
Parameter Samples Matrix Pricing Each Pricing Total Notes:
Cyanide 14 ww $ 33.00 462.00
Ethylene Dibromide 14 WW 60.00 840.00
2 CEVE 22 wW NA* ] *Included with Purgeables (EPA 624.1) Phenolic Compounds 14 WW 100.00 $ 1,400.00 EPA 420.4**
Pesticides, PCBs 10 wW. 125.00 1,250.00
Arsenic 32 ww $ 15.00 $ 480.00
Benzene 22 wW NA* *Included with Purgeables (EPA 624.1) Cadmium 22 WW $ 15.00 $ 330.00
Chromium 32 wW $ 15.00 $ 480.00
Copper 32 WW $ 15.00 $ 480.00
Lead 32 WW $ 15.00 480.00
Mercury 22 wW $ 25.00 $ 550.00
Nickel 22 wW $ 15.00 $ 330.00
Silver 22 wW $ 15.00 $ 330.00
Selenium wW $ 15.00 60.00
Toulene 22 wW NA* * Included with Purgeables (EPA 624.1) Xylene 22 WW NA* Included with Purgeables (EPA 624.1
Zinc 32 ww 15.00 480.00
1,2 Dichloroethane,
Tetrachloroethylene 20 wW $
TICHs - Purgeables 22 wW $ 150.00 $ 3,300.00
0&G (animal/vegetable) 24 WW $ 75.00 1,800.00
SGT 0&G (mineral/petroleum) 24 WW 75.00 1,800.00
TSS SW 20.00 80.00 Exhibit B
Oil & Grease SW 75.00 300.00
TPH Jet Fuel $ 85.00 $ 340.00
GROUNDWATER SAMPLE REQUIREMENTS
No. of
Parameter Samples Matrix Pricing Each Pricing Total Notes:
EPA 8260B $ 100.00 $ 12,700.00
Chromium 6 52.00 $ 1,820.00
Total Cost
(All
Samples): $ 112,274.00
11,227.40 10% contingency
$123,501.40 Total w/contingency