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REQUEST FOR PROPOSAL No. 2019-33 ANALYTICAL LABORATORY SERVICES October 16, 2019 I. PURPOSE The Albany Water Board (AWB) hereby requests proposals from qualified firms or individuals to provide ANALYTICAL LABORATORY services to the Albany Water Board in connection with testing of water and other matrices for regulatory compliance and support for water treatment plant operations. II. RECEIPT OF PROPOSALS Three copies of the proposal must be received no later than: Monday November 11th, 2019 at 4:00PM local time: Joseph E. Coffey, Jr., P.E., Commissioner Albany Water Board 10 North Enterprise Drive Albany, New York 12204 Phone: [PHONE REDACTED] The proposals submitted will be the documents upon which the Albany Water Board will make its initial judgment regarding each proposer’s qualifications, methodology, and ability to provide the services contemplated by the contract. Those submitting proposals do so entirely at their own expense. There is no expressed or implied obligation by the Board to reimburse any firm or individual for any costs incurred in preparing or submitting proposals, preparing or submitting additional information requested by the Board, or participating in any selection interviews. KATHY M. SHEEHAN CITY OF ALBANY DEPARTMENT OF WATER & WATER SUPPLY 10 NORTH ENTERPRISE DRIVE ALBANY, NEW YORK 12204 TELEPHONE (518) 434-5300 FAX (518) 434-5332 JOSEPH E. COFFEY, JR, P.E. MAYOR COMMISSIONER ---PAGE BREAK--- Submission of any proposal indicates an acceptance of the conditions contained in this Request for Proposals (RFP) unless the submitted proposal clearly and specifically states otherwise. The Albany Water Board reserves the right to accept or reject any and all proposals in whole or in part, to waive any and all informalities and to disregard all non-conforming, non-responsive or conditional proposals. III. QUALIFICATIONS OF PROPOSER Each proposer shall provide a statement of qualifications including: a. A brief history and description of the firm submitting the proposal. b. Proof of current Laboratory Certification for all parameters included in this RFP. c. Identification of the firm’s Laboratory Director and Project Manager who will be assigned to this engagement if the firm's proposal is selected, including resumes for each detailing qualifications, years and types of experience, education, etc. d. At least three client references, including addresses and telephone numbers of the principal client contact. e. A signed cover letter from a person within the firm who is authorized to make representations on behalf of the firm and to bind the firm. The Albany Water Board may make such inquiries it deems necessary to determine the ability of each proposer to perform the services contemplated by this RFP. Proposers shall furnish all information and the Board may subsequently request data for this purpose. IV. SCOPE OF SERVICES The selected proposer will be required upon request to provide to the Albany Water Board with services including: 1. Courier services to pick up samples from: Feura Bush Water Treatment Plant, 501 Old Quarry Rd., Selkirk, NY, 12158; Water Department facilities at 10 North Enterprise Dr., Albany, NY 12204. 2. Analytical Services using stipulated testing methods for parameters outlined on the attached bid sheet. V. PURCHASE ORDER Any award of the work contemplated by this RFP shall be conditioned on the later execution of a Purchase Order. The Albany Water Board reserves the right to revoke or rescind any award at any time prior to the full execution of a Purchase Order. ---PAGE BREAK--- The engagement with the successful firm is intended to be for one year, with options for two one year extensions. VI. RELATIONSHIP The Proposer is, and will function as, an independent contractor under the terms of this Agreement and shall not be considered an agent or employee of the AWB for any purposes. VII. LICENSURE & CERTIFICATION The Laboratory shall at all times obtain and maintain any and all licenses and certifications required by the State of New York and other agencies to perform the services contemplated by this Agreement. VIII. INSURANCE The selected proposer will be required to procure and maintain at their own expense the following insurance coverage: Workers' Compensation and Employer’s Liability Insurance: Must show evidence of Worker’s Compensation insurance at State statutory limits, a policy or policies providing protection for employees in the event of job-related injuries; Commercial General Liability (CGL): A policy or policies of comprehensive general liability insurance of general liability limits of $1,000,000 per occurrence/$2,000,000 aggregate; Errors and Omissions/ Professional Liability Insurance: A policy or policies of errors and omissions insurance with limits of not less than one million dollars ($1,000,000.00). Said insurance must be issued by an insurer licensed to do business in the State of New York and must have an A.M. Best rating of not less than Automobile Liability Insurance: In the event that Respondent is using a vehicle in business, a policy or policies of comprehensive automobile liability insurance with limits of not less than $1,000,000 for each accident because of bodily injury, sickness, or disease, including death at any time, resulting therefrom, sustained by any person caused by accident; and a policy or policies with limits of not less than $1,000,000 for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance, or use of any automobiles, including owned, non-owned and hired. Excess/Umbrella Insurance: A policy or policies of insurance with limits of $1,000,000 per occurrence/$1,000,000 aggregate. Each policy of insurance required shall be in form and content satisfactory to the City of Albany Corporation Counsel, and shall provide that: The Albany Water Board and the City of Albany is named as an additional named insured on a primary and non-contributing basis. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Albany Corporation Counsel’s Office. ---PAGE BREAK--- The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Albany Corporation Counsel’s Office is given sixty (60) days written notice to the contrary. No work shall be commenced under the contract until the selected proposer has delivered to the Corporation Counsel or his designee proof of issuance of all policies of insurance required by the Contract to be procured by the selected proposer. If at any time, any of said policies shall be or become unsatisfactory to the City, the selected proposer shall obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the selected proposer to furnish, deliver and maintain such insurance as above provided, this Contract may, at the election of the City, be forthwith declared suspended, discontinued or terminated. Failure of the selected proposer to procure and maintain any required insurance shall not relieve the selected proposer from any liability under the Contract, nor shall the insurance requirements be constructed to conflict with the obligations of the selected proposer concerning indemnification. IX. INDEMNIFICATION Proposer agrees to defend, indemnify, and hold harmless the AWB and its members and officers, and the City of Albany and its officers, employees and agents, from and against all claims, actions, causes of action, injuries, damages, losses, liabilities, and expenses (including, without limitation, reasonable attorney's fees and court costs) arising out of, or in consequence of, any negligent or intentional act or omission of Appraiser or any of its officers, employees and agents, to the extent of its or their responsibility for such claims, actions, causes of action, injuries, damages, losses, liabilities, and expenses. The provisions of this Article shall survive any termination or expiration of this Agreement. X. COST PROPOSAL Provide a fee proposal to provide the requested services on the attached bid sheet, and a rate schedule for potential additional services provided to the AWB. The fee proposal and rate schedule shall be considering the potential for a three year engagement. No escalation in fee will be negotiated during the period of this engagement. XI. PROPOSAL EVALUATION Proposals shall remain valid until the execution of a Purchase Order. Proposals shall be examined and evaluated by a committee. A recommendation will be made for an award based on the following criteria: the proposer’s demonstrated capabilities, professional qualifications, experience, and track record in related engagements; the wherewithal of the proposer to render the requested services to the Board in a timely fashion; the completeness of the proposal; and the total proposed cost. XII. SPECIFICATION CLARIFICATION All inquiries with respect to this Request for Proposals shall be directed to the individual referenced in Section II above. ---PAGE BREAK--- XIII. NON-COLLUSIVE PROPOSAL CERTIFICATE & ACKNOWLEDGMENT: Each proposer shall complete and submit with its, his, or her proposal the “Non-Collusive Proposal Certificate” and the “Acknowledgment”, appended. XIV. PROCUREMENT FORMS AND REQUIREMENTS Additional requirements for this RFP are described below. Relevant statements, where required to be submitted, must be executed and included in the submission in the following order: 1. Iran Divestment Act Statement; 2. Non-Discrimination and Diversity Requirements; and 3. Living Wage Requirements. Iran Divestment Act: By submission of a bid in response to this Bid request, “each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph of subdivision 3 of section 165-a of the State Finance Law.” The list in question is maintained by the New York State Office of General Services. For further information and to view this list please go to: If in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to paragraph a of N.Y. General Municipal Law § 103-g on a case-by- case basis. Non-Discrimination and Diversity Requirements: Pursuant to Federal laws and regulations, the New York State Executive Law Article 15-A and the City of Albany General Code Chapter 48, Article III Omnibus Human Rights Law, the City recognizes its obligation under the law to prevent discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency and to promote opportunities for maximum feasible participation of certified minority-and women-owned business enterprises and the employment of minority group members and women in the performance of City contracts. In furtherance of these rules and principles, the City of Albany highly encourages the participation of certified minority- and women–owned business enterprises (“MWBE”) at the City’s goal levels and the employment of minority groups’ members and women in the performance of its contracts. The City of Albany hereby notifies all Consultants submitting a proposal that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in consideration for award. ---PAGE BREAK--- Further, by submission of a bid in response to this Bid request, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that: “The respondent/contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The respondent/contractor will not participate directly or indirectly in the discrimination prohibited by the federal, state and local laws and regulations, including employment practices. In all solicitations, either by competitive bidding, or negotiation made by the respondent/contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the respondent/contractor of the respondent/contractor’s obligations under this Statement and the federal, state and local laws and regulations relative to Non-discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency.” When providing the services contemplated by this RFP, the entity must comply with section 42-161 of the City of Albany Code, which requires payment of a living wage to all its employees working on the service contract. XV. SUBMISSION REQUIREMENTS All Proposers shall be required to submit a complete proposal. As outlined in this RFP, all proposals shall include the following: Statement of Qualifications as outlined in Section III. Cost Proposal as outlined in Section X. Non-Collusive Proposal Certificate and Acknowledgment Form as outlined in Section XIII. An acknowledgment of understanding that by submitting a bid the proposer certifies under penalty of perjury the above Iran Divestment Act statement, as outlined in Section XIV and the Non-Discrimination and Diversity statement, as outlined in Section XIV. An acknowledgement of understanding that by submitted a bid the proposer certifies under the penalty of perjury the above Living Wage statement, as outlined in Section XIV. Failure to include all of the above items may result in the proposal being considered nonresponsive. ---PAGE BREAK--- NON-COLLUSIVE PROPOSAL CERTIFICATE PURSUANT TO NEW YORK STATE GENERAL MUNICIPAL LAW SECTION 103-D By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: The prices in the proposal have been arrived at independently, without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (Date) (Signature) (Name and Title) (Name of Firm) ---PAGE BREAK--- ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of 2019, before me personally appeared to me known and known to me to be the same person(s) described in and who executed the within instrument, and he (or they severally) acknowledged to me that he (or they) executed the same. Notary Public, State of Qualified in Commission Expires If Partnership: STATE OF ) COUNTY OF ) SS.: On this day of 2019, before me personally appeared to me known to be the individual who executed the foregoing, and who, being duly sworn, did depose and say that he/she is a partner of the firm of and that he/she has the Board to sign the same, and acknowledged that he/she executed the same as the act and deed of said partnership. Notary Public, State of Qualified in Commission Expires If Corporation: STATE OF ) COUNTY OF ) SS.: On this day of 2019, before me personally appeared to me known, who, being by me sworn, did say that he resides at (give address) that he is the (give title) of the (name of corporation) the corporation described in and which executed the above instrument; that he knows the seal of the corporation, and that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he signed his name thereto by like order. Notary Public, State of Qualified in Commission Expires ---PAGE BREAK--- Office Use Only Contract No: Dates: Living Wage Compliance City Code § 42-161 requires a living wage be paid to employees by any contractors awarded a contract by the City primarily for furnishing services to or for the City (excluding the purchase of goods or other property, the leasing of property or the development, redevelopment or rehabilitation of real property) and that involves an expenditure by the City to the contractor of at least $20,000, or the retention by the contractor of fees of at least $30,000, during a period of one year. The current Living Wage, as defined by the ordinance is as follows: If at least 70% of health care benefits are covered by employer: $ 13.27 Other: $ 15.42 Pursuant to the law, every proposal shall include a written commitment by the applicant to pay all covered employees a living wage and shall include a list of job titles and wage levels of all covered employees. Please provide titles and wage levels below for each employee who directly expends his/her time on a contract with the City. Company Name: Job Title Wage Range By signing below you are agreeing to pay all covered employees a Living Wage as set forth above for the duration of the contract with the City. Title: Date: ---PAGE BREAK--- Contaminants Analysis Frequency Total # 0f Samples TAT 3 day Turnaround time multiplier Sale price/sample SubTotal Total Comments Trihaomethanes THMs a 9 samples Quarterly 36 Haloacetic Acids HAAs 9 samples Quarterly 36 Inorganics Group I & II Metals Annual 1 Inorganics Table 8B & 8D Sanitary Code Annual 1 Nitrogen, Nitrite and Nitrate Annual 1 Cyanide Annual 1 Volatile organics (VOCs) Annual 1 SOCs Organic Compounds-does not include Endothall, Diqual/Paraquat or Dioxin 18 months 1 Distilled Water Metals & Suitability Annual 1 Lead & Copper (50 Samples) Every 3rd year >50 Aluminum 1 Sample 12 Total Phosphorous 20/month 240 Asbestos As needed Iron and Manganese As needed TCLP As needed Various Grand total Parameters for Laboratory analysis - City of Albany Water Quality laboratory