Item Number: 9
City Council / Board of Directors
Written Communications
Meeting of: May 21, 2024
Submitted By:
Doug Mathews, Director of Public Works and Water
Subject:
Amendment No. 2 to the General Services Provider Standard Agreements with Clinical Laboratory of San Bernardino and Eurofins Eaton Analytical, LLC Recommendation:
That the Honorable Victorville Water District Board of Directors (Board) approve Amendment No. 2 to the General Services Provider Standard Agreements for Laboratory Testing Services with Clinical Laboratory of San Bernardino and Eurofins Eaton Analytical, LLC for water sampling and laboratory testing services, increasing the total compensation by $30,000 to an amount not to exceed $180,000 for both contracts.
Fiscal Impact:
The Victorville Water District (District) awards two contracts for laboratory testing services per fiscal year. Contracting with two laboratories provides the District with flexibility and ensures that timely testing is completed. It is the District’s intent to use Clinical Laboratory of San Bernardino (Clinical) and Eurofins Eaton Analytical, LLC (Eurofins) on an as needed basis (no minimum order amount is guaranteed). While both agreements will have a not to exceed amount of $180,000, the District will not exceed a combined amount of $180,000 for the duration of Fiscal year of 2023-2024.
Acting in accordance with the staff recommendation will result in a fiscal impact of $30,000. No additional appropriation is required. The increased expenses will be funded from 4100515 – 52300 (Water Fund, Quality Services, Contract Services).
Strategic Plan Goal:
This item aligns with Goal E in the 2023-2026 Strategic Plan, Invest in Infrastructure, as this will allow for continued operations of the District’s water systems by continuously providing routine laboratory testing of the District's potable and reclaimed water in compliance with regulatory standards, intended to ensure a safe and reliable water supply for the community.
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Background:
On August 16, 2022, the Board awarded two (2) General Services Provider Standard Agreements for Laboratory Testing Services to Clinical and Eurofins for a combined not to exceed amount of $150,000.
Awarding both contracts for the full budgeted amount allowed staff to have flexibility when scheduling samples to be tested. If the primary laboratory was unable to test a sample during the required time frame, the second laboratory would then be contacted to perform the service. Awarding both contractors for the full amount helps ensure that the District does not fall out of compliance and completes all required testing in accordance with regulatory standards. Samples are collected by District staff and taken to the laboratory for testing. If a laboratory is farther than 30 miles, a courier service is provided by the laboratory to ensure that the sample can be collected and escorted to the facility for testing in a timely manner. If a sample is not tested in a timely manner, the sample can become unreliable (or out of specification) and may result in the District failing to meet their established testing criteria. This must be disclosed in the District’s yearly Consumer Confidence Report and can also lead to an enforcement action by the State Water Resources Control Board (SWRCB) for failing to meet approved testing protocols identified in the District’s water supply permit issued by the SWRCB.
As regulatory standards expand and become increasingly stringent, the District faces the imperative task of adhering to these mandates, which directly impact costs. Since fiscal year 2023, there has been a significant increase in laboratory services costs. The District's current expenditure of $145,350 represents approximately a 119.61% increase compared to the expenditure of the previous fiscal year. This rise underscores the pressing need for the District to adapt its resource allocation strategies to meet evolving regulatory requirements while ensuring efficient financial management.
Discussion:
The District is mandated by the State of California Department of Public Health (DPH) to conduct water quality monitoring on a weekly, monthly, quarterly, bi-annual and annual basis, depending on the facility and the specific sampling needs. The current demand for sampling has adequately supported operational needs. However, recent regulatory updates by the Environmental Protection Agency (EPA), specifically the implementation of the Fifth Unregulated Contaminant Monitoring Rule (UCMR5), now requires both large and small public water systems to comply with UCMR 5 reporting requirements. This involves action within the EPA's web-based reporting system, known as the 'Safe Drinking Water Accession and Review System' (SDWARS 5). Laboratories responsible for sample analysis are tasked with submitting data to SDWARS 5 on behalf of public water systems, in accordance with previous UCMR cycles.
Additional testing requirements are needed to comply with regulatory standards through the end of the fiscal year. One of the mandatory testings is UCMR5 PFAS (Per and Polyfluoroalkyl Substances), which is a program implemented by the EPA to monitor the 3 6
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occurrence of unregulated contaminants in drinking water. This testing is required every five to six years for two consecutive years. PFAS substances are a group of man-made chemicals that have been widely used in various industrial and consumer products and are known to persist in the environment, commonly referred to as forever chemicals. The Phase 1 Event of UCMR5 PFAS testing incurs an additional cost of $12,000. Additionally, as staff plans for the next year’s budget, the District anticipates the need for mandatory UCMR5 PFAS testing as part of the Phase 2 Event, incurring an extra cost of $12,000.
Future appropriations for the subject agreement shall be included in future budget adoptions.
Title 22 wastewater testing refers to the evaluation of wastewater to ensure it meets the regulatory standards outlined in Title 22 of the California Code of Regulations. This testing is essential for assessing the quality of treated wastewater before it is discharged into the environment. Title 22 sets forth specific guidelines and limits for various parameters such as chemical constituents, pathogens, and toxicity levels to protect public health and the environment. This testing is estimated to be an additional $4,050.
Title 22 testing needs to be conducted on the finished reclaimed water at the Industrial Wastewater Treatment Plant (IWWTP) and Victor Valley Wastewater Reclamation Authority (VVWRA). Finished water refers to the treated water that has undergone all necessary treatment processes and is deemed safe for release into the environment or for reuse. The treatment processes typically involve physical, chemical, and biological treatment methods to remove contaminants, pathogens, and pollutants from the wastewater. The term "finished water” means that the water has been treated to meet regulatory standards and is suitable for its intended purpose, which may include discharge into surface water bodies, groundwater recharge, or reuse for non-potable purposes such as irrigation or industrial processes.
Lead and copper testing, another significant aspect of testing requirements, is due in September 2024. This testing aims to monitor and regulate the levels of lead and copper in the drinking water systems. Lead and copper can leach into drinking water from pipes, fittings, and fixtures, posing serious health risks if levels exceed regulatory limits. This testing was once required every six years, but the SWRCB changed it to once every three years.
Lastly, the District foresees an increase due to Bac-T testing needed periodically for field repairs and well repairs. Bac-T testing, also known as bacteria testing or bacteriological testing, is a method used to detect and quantify the presence of bacteria, particularly coliform bacteria, in water samples. Coliform bacteria are a group of bacteria commonly found in the intestines of warm-blooded animals and are used as indicators of water quality because their presence suggests possible fecal contamination.
With the increase to expenditures and regulatory mandates for water quality testing, the District anticipates an increase for several reasons:
1. UCMR5/ SDWARS 5 testing/reporting requirements
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2. Title 22 wastewater testing
3. Lead and copper testing
4. Bac-T testing
These increases result in the need to increase the compensation under the General Services agreements by an additional $30,000 for a total amount not to exceed $180,000.
The proposed amendment No. 2 to the existing General Services Provider Standard Agreements reflects this additional amount (Attachment A & B).
Article II, Contract Authority under Chapter 2.28 – Purchasing system of the City of Victorville’s Municipal Code outlines the City’s procurement and purchasing process.
Article II – Contract Authority, establishes certain responsibilities and actions that the City Council has specifically relating to Victorville Municipal Code 2.28.100(a)(6), which states that the city council shall have the authority to award and execute a contract for purchase of supplies and equipment or general services with a cost in excess of one hundred twenty-five thousand dollars.
Approval of Amendment No. 2 to the existing agreement will allow the City to fulfill their required laboratory services and water quality testing requirements. The proposed amendment exceeds the City Manager's authority and requires the approval of the Board.
Therefore, staff is recommending that the Board approve Amendment No. 2 to the General Services Provider Standard Agreements with Clinical Laboratory of San Bernardino and Eurofins Eaton Analytical, LLC for Laboratory Testing Services, Project CC23-003 for an additional amount of $30,000, not to exceed amount of $180,000.
Staff remains available for any questions the Board may have.
Attachments: A. General Services Provider Agreement for Clinical Laboratory Amendment No 2
B. General Services Provider Agreement for Eurofins Amendment No 2
C. VMC 2.28.100