AGENDA REPORT
Meeting Date: April 16, 2024
Item Number:
To: Honorable Mayor & City Council
From: Robert Welch, P.E., Utilities General Manager
Jason W. Dyogi, Water Quality Specialist
Melissa Gomez, Senior Management Analyst
Subject: AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
EUROFINS EATON ANALYTICAL, LLC FOR WATER SAMPLING
AND ANALYSIS
Attachments: 1. Agreement
RECOMMENDATION
Staff recommends that City Council approve the agreement between the City of Beverly Hills and Eurofins Eaton Analytical, LLC for water quality sampling and analysis in the not-to-exceed amount of $135,000 over a three-year period, and, if extended for two additional years, not-to-exceed a total of $225,000 for five years.
INTRODUCTION
The City’s Water Utility is required by State and Federal regulations to sample and analyze bacteriological and chemical constituents in potable water, groundwater, storm water, and wastewater. On March 18, 2024, City Council approved a contract with Weck Laboratories, Inc. (Weck) to collect and analyze the City’s water samples for regulatory compliance. Staff had indicated in the Weck agenda report that proposals were being evaluated to recommend a secondary vendor to serve as an alternate and to conduct sampling for other specialized projects such as non-potable water sampling, water in storage, industrial waste discharge permits, stormwater runoff regulations and capital improvement project (CIP) requirements and would be brought to City Council for consideration at a later time.
BEVERLY
HILLS
.~
Meeting Date: April 16, 2024
DISCUSSION
On January 29, 2024, staff issued RFP 24-350-20 seeking professional services for water sampling and analysis. On February 20, 2024, three proposals were received. The City employed a qualifications-based approach in selecting the final laboratories.
Evaluation criteria included recent experience, quality of work, pricing, and professional qualifications to name a few.
Based on staff evaluation of the proposals, staff recommended Weck as the primary provider of water quality sampling and analysis services for both drinking and nonpotable water regulatory compliance monitoring at City-owned groundwater wells, imported water sources, pump stations, reservoirs, water mains in the distribution system and the water treatment plant as required by the Division of Drinking Water, Environmental Protection Agency and County of Los Angeles. After continued proposal evaluation, staff is recommending Eurofins Eaton Analytical, LLC (Eurofins) as that secondary vendor. Eurofins may also serve as an alternate for water quality testing in the event that Weck is not readily available to provide these professional services.
FISCAL IMPACT
Eurofins laboratory services are estimated not to exceed $135,000 over a three-year period, and, if extended by two additional years, a maximum of $225,000 over a fiveyear period. Laboratory services have increased in terms of costs since the previous agreement, established five years ago. Staff are preparing a budget enhancement request through the Fiscal Year 2024/25 budget process to cover the deficit. The budget enhancement request includes $88,313 to cover the Weck and Eurofins contracts.
Shana Epstein,
Director of Public Works
Approved By
Attachment 1
B0785-0001\2930900v4.doc
AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
EUROFINS EATON ANALYTICAL, LLC FOR WATER SAMPLING
AND ANALYSIS
NAME OF CONSULTANT: Eurofins Eaton Analytical, LLC
RESPONSIBLE PRINCIPAL OF CONSULTANT: Camila Gadotti, President CONSULTANT’S ADDRESS: 750 Royal Oaks Drive, Suite 100
Monrovia, CA 91016-3629
Attention: Camila Gadotti, President
CONSULTANT’S E.I.N./TAX I.D. NO.: 46-0565341
CITY’S ADDRESS: City of Beverly Hills
345 Foothill Road
Beverly Hills, CA 90210
Attention: Director of Public Works
COMMENCEMENT DATE: June 1, 2024
TERMINATION DATE: June 30, 2027, unless extended pursuant to Section 2 of the Agreement
CONSIDERATION: Year 1 through Year 3:
Not to Exceed $135,000.00
Year 4 (if extended): Additional $45,000.00
Year 5 (if extended): Additional $45,000.00
Total Not to Exceed: $225,000.00 at the
rates set forth in Exhibit B
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
2 AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND
EUROFINS EATON ANALYTICAL, LLC FOR WATER SAMPLING
AND ANALYSIS
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Eurofins Eaton Analytical, LLC, (hereinafter called “CONSULTANT”).
RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.
B. CONSULTANT represents that it is qualified and able to perform the Scope of Works.
NOW, THEREFORE, the parties agree as follows:
Section 1. Scope of Work.
CONSULTANT shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONSULTANT must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing. CONSULTANT’s acceptance of any such changes is contingent upon technical feasibility and operational capacity.
Changes to the Scope of Work, cost of any change in the Scope of Work, or result delivery date may be initiated by CONSULTANT if agreed to in writing and approved by both parties in writing.
Section 2. Time of Performance.
CONSULTANT shall commence its services under this Agreement upon the Commencement Date on the cover page or upon a written receipt of a notice to proceed from CITY. CONSULTANT shall complete the performance of services by the Termination Date set forth on the cover page.
The City Manager or her designee may extend the time of performance in writing for two additional one-year terms or such other term not to exceed two years from the date of termination pursuant to the same terms and conditions of this Agreement.
Section 3. Compensation.
Eurofins typically issues invoices concurrently with the issuance of our analytical reports.
Additionally, Eurofins must have a date certain by which time payment is due. Therefore, the following language is proposed as a subsection under Section 3 of the Sample Contract. (a) Compensation
CITY agrees to compensate CONSULTANT for the services and/or goods provided under this Agreement, and CONSULTANT agrees to accept in full satisfaction for such DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
3 services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B, attached hereto and incorporated herein, based on the rates set forth in Exhibit B. (b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).
There shall be no claims for additional compensation for reimbursable expenses. (c) Additional Services. CITY may from time to time require CONSULTANT to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.
Section 4. Method of Payment. CITY shall pay CONSULTANT said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.
Section 5. Independent Contractor. CONSULTANT is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONSULTANT or any of CONSULTANT’s employees, except as herein set forth. CONSULTANT shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONSULTANT without the prior written approval of CITY. Any attempt by CONSULTANT to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
Section 7. Responsible Principal(s)
(a) CONSULTANT’s Responsible Principal set forth on the cover page shall be principally responsible for CONSULTANT’s obligations under this Agreement and shall serve as principal liaison between CITY and CONSULTANT. Designation of another Responsible Principal by CONSULTANT shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or her designee set forth above who shall administer the terms of the Agreement on behalf of CITY.
Section 8. Personnel. CONSULTANT represents that it has, or shall secure at its own expense, all personnel required to perform CONSULTANT’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.
Section 9. Permits and Licenses. CONSULTANT shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
Section 10. Interests of CONSULTANT. CONSULTANT affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONSULTANT.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
4 Section 11. Insurance.
(a) CONSULTANT shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONSULTANT.
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of One Million Dollars ($1,000,000) per occurrence combined single limit, covering any vehicle utilized by CONSULTANT in performing the Scope of Work required by this Agreement. (3) Workers’ compensation insurance as required by the State of California.
(4) Professional Liability Insurance
A policy or policies of Professional Liability Insurance (errors and omissions) with minimum limits of Five Million Dollars ($5,000,000) per claim and in the aggregate.
Any deductibles or self-insured retentions attached to such policy or policies must be declared to and be approved by CITY. Further, CONSULTANT agrees to maintain in full force and effect such insurance for one year after performance of work under this Agreement is completed. (b) CONSULTANT shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONSULTANT’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONSULTANT shall maintain on file with the CITY Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability and vehicle liability policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
5 (g) The insurance provided by CONSULTANT shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONSULTANT and its insurance carriers.
Section 12. Indemnification.
(a) CONSULTANT agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorneys fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT or any person employed by CONSULTANT in the performance of this Agreement. (b) All duties of CONSULTANT shall survive termination or expiration of the Agreement.
Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONSULTANT, CONSULTANT shall complete all work in progress and be paid for all work completed, including all costs and reasonable profit margin, even if CONSULTANT does not issue a final or partial report.
Section 14. CITY’s Responsibility. CITY shall provide CONSULTANT with all pertinent data, documents, and other requested information as is available for the proper performance of CONSULTANT’s Scope of Work.
Section 15. Information and Documents.
(a) All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONSULTANT and compensated by CITY pursuant to this Agreement as CITY deems appropriate. (b) Results delivered by CONSULTANT, whether data generated by CONSULTANT from the analysis of samples or work product generated in the performance of consulting services under the Agreement, are provided by CONSULTANT strictly for the use of CITY, and CONSULTANT is not responsible for use of such results by CITY or third parties. All DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
6 results should be considered in their entirety, and CONSULTANT is in no way responsible for the separation, detachment, or other use of any portion of the Results. At CONSULTANT's sole discretion, preliminary results may be given in advance of the written report of results. Such preliminary results are tentative results only, subject to confirmation or change based on final review.
(c) CONSULTANT's analytical methods, instruments, techniques, laboratory information management system, QA/QC protocols and program plans, scientific procedures and know-how are proprietary and belong solely to CONSULTANT whether or not developed, modified or amended in the course of services to CITY. CITY shall not disclose such information to any third party without CONSULTANT’s express prior consent, except as required by law to be disclosed.
Section 16. Records Retention and Examination. CONSULTANT shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONSULTANT shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge. CONSULTANT shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONSULTANT shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONSULTANT must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.
Section 17. Nondiscrimination by CONSULTANT. In the performance of this Agreement, CONSULTANT assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
7 prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.
Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.
Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONSULTANT, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONSULTANT.
Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.
Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONSULTANT.
Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.
EXECUTED the day of 20___, at Beverly Hills,
California.
CITY OF BEVERLY HILLS
A Municipal Corporation
LESTER J. FRIEDMAN
Mayor
ATTEST:
(SEAL)
HUMA AHMED
City Clerk
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
8 CONSULTANT: Eurofins Eaton Analytical, LLC
CAMILA GADOTTI
President
CAROLINE SANGARI
Business Unit Manager
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
LAURENCE S. WIENER NANCY HUNT-COFFEY
City Attorney City Manager
SHANA E. EPSTEIN
Director of Public Works
ROBERT WELCH
Utilities General Manager
SHARON L’HEUREUX DRESSEL
Risk Manager
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F 9 B0785-0001\2930900v4.doc
EXHIBIT A
SCOPE OF WORK
I. SCOPE OF WORK
CONSULTANT represents that it is a laboratory qualified to analyze potable, wastewater, and stormwater samples. CONSULTANT is accredited with the California Environmental Laboratory Accreditation Program (ELAP) accredited with the National Environmental Laboratory Accreditation Program (NELAP), accredited with the United States Environmental Protection Agency (US-EPA) in order to perform testing on water samples utilizing appropriate methodologies to satisfy the California State Water Resources Control Board (SWRCB) and the United States Environmental Protection Agency (US-EPA).
CONSULTANT shall devote the necessary resources to completing this project with the highest level of service so CITY will be able to meet all the State and Federal regulations in a timely manner. CONSULTANT shall have all monthly compliance sample results reported by the 5" of the month following sample collection at no additional cost. CONSULTANT will also be required to submit copies of the bacteriological monitoring results for all positive routine total coliform and all repeat samples directly to SWRCB -DDW. CONSULTANT and their subcontractors will also be required to submit all water analyses utilizing the SWRCB -DDW Electronic Data Transfer (EDT) and the United State Environmental Protection Agency’s (USEPA) format promptly after completing the laboratory reports.
Water Quality Testing: CONSULTANT shall analyze the following types of compliance sampling at the following frequencies:
A. National Pollutant Discharge Elimination System (NPDES) Water Quality Compliance Testing:
CONSULTANT (or its contract laboratory, which must be identified in the proposer’s proposal) must be CA ELAP accredited. In addition, CONSULTANT (or its contract laboratory) must be in good standing for all FoTs (Field of Testing) and provide demonstrated competence to perform the specified NPDES test methods required under CITY’s NPDES permit.
CONSULTANT and its contract laboratory must be able to demonstrate detection of constituents at or below the required detection limits established by USEPA or the Regional Water Quality Control Board for constituents to be tested pursuant to the NPDES Permit.
Below are examples of NPDES constituents the CITY monitors.
Description: NPDES Permit Constituent
1. Acute Toxicity
2. TSS
3. Turbidity
4. BOD 20°C 5-days
5. Settleable Solids
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
10 6. Residual Chlorine
7. Sulfides
8. Phenols
9. Methylene Blue Active
10. Substances (MBAS)
11. N-Nitrosodimethylamine (NDMA)
12. Perchlorate
13. 1,4 Dioxane
14. pH Range
15. Copper
16. Selenium
17. Zinc
18. Lead
B. State Water Resources Control Board’s Division of Drinking Water (SWRCBDDW) Water Quality Compliance Testing:
CONSULTANT must be CA ELAP accredited and perform EPA approved methods. If CONSULTANT uses a contract laboratory to perform the analyses, they also must be CA ELAP accredited to perform the methods for analyses. In addition, CONSULTANT must identify its contract laboratory and the analysis it will perform. CONSULTANT (or its contract laboratory) must be able to analyze constituents in the California Regulations Related to Drinking Water Title 22. CONSULTANT and its contract laboratory must be able to analyze constituents at or below the detection limits for reporting (DLR) prescribed in the most recent State Water Resources Control Board Division of Drinking Water’s (SWRCB -DDW) Consumer Confidence Report Guidelines. CONSULTANT will be required to have all laboratory reports and compliance sample results reported by the 5th of the following month.
CONSULTANT will also be required to submit copies of the bacteriological monitoring results for all positive routine total coliform and all repeat samples directly to SWRCB -DDW.
CONSULTANT and their subcontractors will also be required to submit all water analyses utilizing the SWRCB -DDW Electronic Data Transfer (EDT) and the United State Environmental Protection Agency’s (USEPA) format promptly after completing the laboratory reports.
Description of Constituents:
Drinking Water Distribution System (23 locations)
1. Total Coliforms
2. E. Coli
3. General Physicals
4. Fluoride
5. Nitrite
6. Heterotrophic Plate Counts
7. Disinfection By-Products
8. Alkalinity (Full)
9. Conductivity
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
11 10. Hardness
Drinking Water Reservoirs (10 locations)
1. Nitrite
Drinking Water Treatment Plant (4 locations)
1. Firm capable of conducting all Title 22 constituents.
Groundwater Wells (7 locations and currently conducting blending studies for future wells)
1. Firm capable of conducting all Title 22 constituents.
Interconnection Points (2 locations)
1. General Physicals
2. Nitrite
3. Fluoride
C. UCMR Analyses:
CONSULTANT and/or the firm’s subcontract laboratory must retain their certification from the USEPA to analyze the current UCMR contaminant list.
D. Wastewater Effluent Monitoring:
Los Angeles County Department of Public Works, Industrial Waste Disposal Permit, requires CITY to monitor the Reverse Osmosis Water Treatment Plant brine discharge. CONSULTANT must be CA ELAP accredited to perform the analyses. CONSULTANT must also be able to set up an automatic sampler and collect the samples as prescribed in the industrial waste permit. Below are the following constituents that CITY needs to monitor:
Description:
LA COUNTY SANITATION Constituents
1. Arsenic
2. Acute Toxicity
3. Cadmium
4. BOD 20 C 5-days
5. Copper
6. Cyanide (Total)
7. Cyanide (Amenable)
8. Dissolved Sulfides
9. Lead
10. Nickel
11. pH Range
12. Phenols
13. Silver
14. Total Chromium
15. Turbidity
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
12 16. TSS
17. Zinc
18. Settleable Solids
19. Selenium
20. Dispersed Oil & Grease (Total)
21. Floatable Oil & Grease
22. Temperature
23. Zinc
E. Turn-Around Time:
CONSULTANT(S) must be able to provide detailed services for rush analyses (7-day, 5-day, 3-day, 48 hour and 24-hour turn-around times). CONSULTANT must provide a fixed percent cost increase based on the rush service request. Laboratory must must meet an expected standard sample turn-around time of 10 business days for most samples, a standard 24- hour turn-around time for bacteriological results and all samples submitted at the end of the month must have the analytical laboratory reports completed no later than the 5th day of every month. In the event CONSULTANT fails to meet the turnaround time (TAT) submitted by CONSULTANT in the Pricing Form, CITY may impose a late penalty of 10% for every 5 business days a report is late for TATs of 30 days or more and a late penalty of 10% for every 2 days a report is late for TATs of less than 30 days. The late penalty may be deducted from any payment due to CONSULTANT. TAT is based upon working days and commensurate with reconciliation of any questions or issues with sample receipt or the chain-of custody that accompanies the samples. All rush work and testing of methods with short holding times must be pre-scheduled. Penalties for late TAT will only be applied to specific methods that are reported beyond the expected TAT. Penalties cannot exceed a total of 20% of unit rate. Rush TAT samples will be billed based upon the actual TAT of data reported. The laboratory shall be paid for resamples submitted for testing. In the event rush turnaround times are not met when requested, CITY shall be charged at the standard turnaround time price.
F. Sample Kits:
CONSULTANT must be able to provide all necessary sample containers, ice chests, ice packs, complete prefilled chain of custodies per each project and other materials required for the analytical testing requested.
G. Sample Transport:
CONSULTANT must be able to provide sample transport service, ice chests, gel or ice packs, other materials required for the analytical testing requested and chain of custody documentation for all samples, including travel blanks and spike samples to and from CITY .
CONSULTANT must be able to transport and preserve samples according to CA ELAP, EPA and Cal-EPA methods specified for each analysis. The firm must be able to provide sample transport services during the workweek and emergency situations (i.e. water system contamination, water main breaks, storm season, etc.). The firm shall assume charges for testing aborted due to problems in sample transportation or due to negligence on the part of DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
13 the firm. CONSULTANT must have the ability to pick-up, transport, and analyze samples within the required hold times.
H. Sample Matrix Schedule and Containers:
CONSULTANT must demonstrate to CITY that it has a reliable sample matrix schedule system for the scheduling of sample pickup, delivery, and holding times for analysis.
CONSULTANT’s sample matrix schedule system shall assist CITY in its sampling requirements. The sample matrix schedule shall also help CONSULTANT to provide CITY, in a timely manner, the correct number and type of sample containers, coolers, ice chest for the analyses and shipping materials.
I. Emergency Availability:
CONSULTANT must be able to provide services for CITY during an emergency event such as a terrorist attack, natural calamities, and unsafe drinking water alert. CONSULTANT must be able to provide a list of contact numbers for a 24-hour emergency event. The emergency contact list shall have the person’s current home phone number and cellular number. CITY also requests that CONSULTANT be able to provide sample transport services for an emergency event.
J. Quality Control and Quality Assurance:
CONSULTANT must demonstrate Quality Control (QC) and Quality Assurance (QA) for all laboratory analyses. Lab shall remain solely responsible for the quality of its Laboratory Testing Services and shall render such services in accordance with generally accepted analytical and environmental laboratory practice, EPA guidance documents for the Quality Control and Assurance of laboratory handling of samples and methodological care in analyzing such samples, and professionally recognized standards relating to the furnishing of laboratory services, consistent with Attachment A and QA/QC requirements specified therein.[Note Attachment A is attached hereto].CONSULTANT must include QC and QA results when submitting results to CITY.
K. Provide a Quality Assurance and Quality Control Program Manual:
The manual shall contain, at a minimum, CONSULTANT’s organization with descriptions of roles, resumes of key personnel, and applicable technical certificates, a facility description with a listing of equipment including a facility floor plan, sample containers, preservation and handling, analytical methods and standard operating procedures, analytical quality control, certifications and accreditations, corrective action procedures, audits, data reporting, review and validation protocols, and training.
L. Analyses Results:
CONSULTANT and their subcontractors shall deliver results via email in the form of a final report (PDF format) and will be required to submit all water analyses utilizing the SWRCB - DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
14 DDW’s Electronic Data Transfer (EDT)/California Laboratory Intake Portal (CLIP) and the United States Environmental Protection Agency’s (USEPA) database format. In addition to the final pdf reports delivered via email, CONSULTANT shall deliver to CITY, electronic files for upload to CITY’s LIMS (Laboratory Information Management System) for all analyses in a format compatible with the CLIP program. These digital files will be provided for both compliance samples and non-compliance samples. All analyses need to be submitted (i.e., at least five business days) when completing CONSULTANT reports and 5 days prior to the regulatory reporting due dates. Final reports shall be submitted to CITY to meet the turnaround time submitted by CONSULTANT in the sample price proposal. Turnaround time shall be defined, in business days, as the period beginning with pickup of samples and ending with receipt by CITY of the signed report via email. For each analytical method, provide a list of analytes (including CAS#), the method detection limit, any surrogates, surrogate RPD, Matrix percent recovery range and RPD and spike percent recovery range and RPD. The firm shall provide redundancy to ensure the ability to process samples in a timely manner in the event of equipment failure or other reasons. Redundancy measures should be described in the proposal. The firm shall notify CITY of any time an analytical result exceeds an MCL or CITY’s defined criteria/level. The firm shall meet all requirements included in Title 22 related to the analysis of any and all requested analytes. The firm shall use the notification plan to notify CITY, verbally, of any positive total coliform or E. coli result within 12 hours of completing the analysis. For samples collected as part of the Revised Total Coliform Rule, if contact cannot be made within 24 hours, the firm shall notify the appropriate field office of the State Water Resources Control Board’s Division of Drinking Water (DDW). The Firm shall notify CITY, verbally, of any nitrate sample that exceeds the Maximum Contaminant Level. For compliance samples, if contact cannot be made within 24 hours, the firm shall notify the appropriate field office of the DDW. CITY shall provide an emergency list of contacts to allow for 24-hour contact with a live person. The firm shall keep and make available, on demand, all records concerning quality control data, including, but not limited to, chain-of- custody, bench sheets, and raw data for a minimum of three years but recommended for five years. Web access to reports, project status and invoices are highly recommended. The firm shall, at their own expense, repeat the entire testing of any analysis that does not meet quality control limits, if requested by CITY. At minimum, the firm shall follow approved EPA methodology and quality control procedures listed by the EPA as published in 40 CFR Parts 136 and 141. The firm shall be familiar with and maintain full compliance with the California Health & Safety Code, Title 22, Division 4, Chapter 19, Article 10, Notification and Reporting, Section 64819.
M. Data:
Data produced by CONSULTANT shall be delivered via email in the form of a final report (pdf format) and shall include digital uploads to the SWRCB/CLIP (State Water Resource Board/California Laboratory Intake Portal) where specified. In addition to the final pdf reports delivered via email, CONSULTANT shall deliver to CITY, electronic files for upload to CITY’s LIMS (Laboratory Information Management System) for all analyses in a format compatible with the CLIP program. These digital files will be provided for both compliance samples and non-compliance samples. Any errors found in the reports shall be followed up in writing with the correction, a case narrative, and any corrective action(s) taken. CONSULTANT shall provide CITY with preliminary results of any detected data as soon as they are available and DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
15 before the final report upon request. CONSULTANT shall notify CITY of any noncompliant sample results in a timely manner to allow for repeat sampling and no final reports shall be issued before this notification has occurred. In the event repeat sampling/analysis becomes necessary due to failed Quality Control (QC) or other failure to perform on the part of CONSULTANT, CITY shall deduct from any payment due to CONSULTANT an amount equal to the costs incurred due to such repeat sampling/analysis or any monetary penalty received from a regulatory agency. In addition to the subcontracting provision in CITY’s standard contract, in the event CONSULTANT subcontracts to perform any analyses on CITY’s samples, the subcontracting laboratory must be CA ELAP accredited for the applicable FoTs.
In the event CONSULTANT proposes to replace a subcontracting laboratory, CITY will be notified and given the opportunity to approve/disapprove the subcontractor prior to the change. The subcontracting laboratory shall follow the same quality control/quality assurance procedures as the contracting laboratory and shall comply with all CA ELAP regulations regarding subcontracting laboratories.
N. Provide A Chain of Custody:
CONSULTANT will be required to submit a chain of custody prefilled template for each project request which specifies the bottle amount needed for CONSULTANT to analyze, volumes, preservative types, sample locations and/or sample identifications. CONSULTANT shall assume responsibility for the custody of samples and the protection of their integrity.
O. Certifications:
CONSULTANT shall maintain the appropriate CA ELAP certificate, or other regulatory requirements, for providing analytical services. CITY shall be notified within 24 hours, in person, of any changes made to its certification to analyze any or all constituents.
General Provisions
CONSULTANT shall provide analytical services on an as-requested basis when authorized by receipt of samples with a properly completed chain of custody (COC) form from CITY or one of its representatives. Analyses and associated reports shall be provided for the parameters and methods shown on the COC form in accordance with the following specifications.
Sample Containers/Shipping and Pickup
CONSULTANT shall be responsible for delivery costs, including shipping of consumables (i.e., packing list, custody seals, packing materials, etc.), sample containers, trip blanks, preservatives, coolers and blue ice, and other required materials, to a designated location within the CITY, where all sampling activities will be coordinated. From time to time, delivery may be required to individual sampling locations, also located within the CITY. CONSULTANT shall appropriately label all shipments in accordance with all applicable Department of Transportation (DOT) requirements.
CONSULTANT is responsible for picking up samples at the designated location, but from time to time, may be required to pick up samples at the individual sampling locations. CONSULTANT shall warrant supply delivery and sample pickup between the hours of 8 a.m. and 5 p.m. on weekdays and by mutual Agreement for delivery and pickup outside of normal business hours.
Failure to pick up samples on weekdays will cause CONSULTANT to be responsible for all costs DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
16 associated with loss resulting from total or partial destruction of samples, including resampling costs. CONSULTANT shall complete its portion of the COC upon sample pickup.
CONSULTANT’s signature on COC shall signify the accuracy of the COC and acceptance of all risks associated with loss or damage of samples. Samples shall become CONSULTANT’S sole responsibility upon receipt.
All risk of loss resulting from total or partial destruction of the samples, or any part thereof, or damage thereto prior to the final acceptance of the work by the CITY, or CONSULTANT’S error in analysis shall be borne by the CONSULTANT regardless of the cause of such total or partial destruction, or damage, or analytical error. CONSULTANT shall notify CITY or its representative and agree on the method to replace such destroyed, damaged, or errant samples. Sample shall be replaced at CONSULTANT’S sole cost. Such total or partial destruction, or damage, or analytical error, or submittal of results after warranted turn-around time shall not excuse CONSULTANT from completion of the work.
Shipping and sample containers shall be suitable for the sample matrix and analytical method.
CITY or its representatives may request pre-labeled sample containers. Information to be included on labels shall be provided in writing by CITY or its representatives at the time that the sample containers are requested from the CONSULTANT. Data on pre-printed labels may include, but not be limited to, site location, sample number, analytical method, and preservative. In the event that pre-labeled sample containers are not requested, CONSULTANT shall provide blank labels that may be completed by CITY or its representatives.
Chain of Custody Procedures
All samples to be analyzed by CONSULTANT will be accompanied by a COC form. CITY or its representatives will specify sample site location, sample identification, analysis required, analytical method number, quality assurance/quality control (QA/QC) documentation (if different than standard), turnaround times (if different than specified herein), and/or other applicable instructions to facilitate analysis or reporting. In the event COC information is in error or there is a question or clarification required (for example, method number not specified), CONSULTANT shall contact CITY or its representatives immediately and prior to proceeding with the analyses.
CONSULTANT will be notified in writing on the COC form if Tentatively Identified Compounds (TIC) are required from a GC/MS analysis (i.e. 8260 + TIC).
A completed copy of the COC form, signed by CONSULTANT’S sample custodian, shall accompany all reports of analysis and associated invoices. The COC shall document the conditions in which the samples were received.
Analytical Methods
CONSULTANT shall use the analytical methods and reporting limits listed in the text of this RFP.
Some Volatile Organic Compound (VOC) samples may require dilution because of high concentration of one or more of the target compounds. If a VOC sample requires dilution, CONSULTANT shall make every effort to run the sample undiluted so that CONSULTANT can achieve reporting limits required by US EPA., CDPH, County DPW, or other regulatory agency. If CONSULTANT cannot run the sample undiluted CITY or its designated representatives will request multiple dilutions so that reporting limits are as close to those in undiluted samples as possible.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
17 CONSULTANT shall analyze all samples within the allowable holding time appropriate to the method, matrix, and analysis.
Sample Volume, Preservation, And Disposal
Every effort will be made to provide samples to CONSULTANT that are of sufficient volume necessary to conduct the requested analytical test(s). CONSULTANT shall notify CITY or its representatives immediately and before proceeding with the requested analysis if the volume of any sample is insufficient to perform the requested analysis. Then, upon instruction from CITY or its representatives, CONSULTANT may proceed to undertake analysis of the small volume samples with appropriate increase in the method detection limit, or modification to the analytical method.
CONSULTANT shall maintain and preserve appropriate samples and specimens, sample extracts, or the residue thereof, for thirty (30) calendar days after submission of CONSULTANT report to CITY free of storage charges. After the initial thirty (30) calendar days, upon written request from CITY, CONSULTANT shall retain test specimens or samples for a mutually acceptable storage charge and period of time. Unless requested by CITY to hold sample(s) for greater than thirty (30) calendar days, the sample and any articles or substances made with the sample(s) shall be disposed of in a lawful manner. CONSULTANT assumes full responsibility for the proper disposal of all test samples, test residues, and sample containers, whether hazardous or non-hazardous, at CONSULTANT’S expense. In all cases, whether the waste material is hazardous or non-hazardous, CONSULTANT shall list itself as “Generator” on disposal manifests.
Labels on all samples shall be removed or rendered unreadable prior to disposal.
Standard Turnaround Time
Accurate and complete analytical results consisting of a Report and associated Electronic Data Deliverable (EDD) shall be submitted to CITY or its representatives within the standard turnaround time, or within a shorter turnaround time when requested by CITY or its representatives and accepted by the CONSULTANT’S Project Manager by electronic mail in advance of scheduling courier pickup of a sample delivery group. Standard turnaround time shall be fourteen (14) calendar days following CONSULTANT receipt of samples. CITY will be notified of Report and EDD delivery by electronic mail to CITY and/or its designated representatives on the day the Report and EDD are posted on the CONSULTANT’S data delivery website.
In the event CONSULTANT fails to meet the turnaround time (TAT) submitted by CONSULTANT in the Pricing Form in the attachments, the CITY may impose a late penalty of 10% for every 5 business days a report is late for TATs of 30 days or more and a late penalty of 10% for every 2 days a report is late for TATs of less than 30 days. The late penalty may be deducted from any payment due to CONSULTANT. In the event rush turnaround times are not met when requested, the CITY shall be charged at the standard turnaround time price. CONSULTANT shall not submit any reports to any other agency without prior written authorization from CITY or its representative.
Submission of Analytical Results
Each group of samples delivered together on a single set of COC forms shall be reported together.
Piecemeal reports, unless requested by CITY or its representatives or authorized in advance, are not acceptable. CONSULTANT shall notify CITY or its representatives immediately if any deviation from the required turnaround times is expected to occur.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
18 Standard reports of analyses shall consist of a cover letter, results table(s), and COC, and be consistent with EPA Level 2 reporting requirements (for example, analytical report, COC, method blanks, matrix spike/matrix spike duplicates, surrogates, CONSULTANT control samples, detection limits, narrative, corrective action reports). CONSULTANT shall maintain complete client confidentiality on all work. No results shall be released without express written consent from CITY, although certain notifications via telephone, email, or facsimile may be authorized in advance.
Contents of Reports Containing Analytical Data
General information submitted in these reports shall include, but not be limited to:
Cover letter with narrative, including information on any irregularities and problems, QA/QC limit exceedances, positive travel or method blanks, or any other noteworthy occurrences encountered during sample receipt, preparation, and analysis; CONSULTANT sample identification number;
Project sample location;
Sample identification number and description as assigned by CITY or its representatives;
List of sample analytical parameters and their results; Date sample was received by CONSULTANT;
Signature of CONSULTANT personnel authorizing release of results; Sample preparation/extraction date;
Sample analysis date;
Units in which each parameter is reported;
Laboratory qualifiers;
Analytical method citation;
Analytical detection limits, reporting limit, and quantitation limit as applicable; and Copy of COC form.
Contents of Laboratory Project File
CONSULTANT’s project file shall include all raw analytical data, electronic copy, and other information not included in the analytical data report. The file shall be available for review by CITY upon seven (7) calendar days’ notice and shall be sufficiently detailed. Information in the Consultant project file (in addition to the material contained in the analytical data report) shall include, but not be limited to:
All analytical QA/QC data;
Copy of shipping manifest;
Standard logs, Consultant notebooks, and instrument logs; Results of Consultant blanks;
Results of instrument calibration;
Raw analytical data, charts, and chromatograms for samples, standards, and blanks; and
Raw data calculation worksheets.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
19 Electronic Deliverables
All analytical results for environmental samples, field and laboratory QC samples shall be provided to CITY or designated representative as EDDs in a format that will be developed with the selected CONSULTANT. EDDs shall be provided at no additional cost to CITY or its representatives. The final Adobe Acrobat read-only Reports that are signed must contain the same results and values as the EDTs/CLIPs submitted directly to the State and Federal databases.
Audits
CITY reserves the right to perform periodic on-site audits to ensure compliance with analytical method requirements, QA/QC program requirements, and to evaluate the general quality of the work. CONSULTANT shall cooperate and make available records and personnel to facilitate the audits. Audits will be scheduled with sufficient notice and conducted during normal business hours.
Quality Assurance/Quality Control
All analyses shall be conducted by technically qualified persons and in accordance with CONSULTANT practices and data validation guidance as defined by EPA, ASTM, CDPH, SWRCB-DDW, CA ELAP and other applicable regulations and requirements.). All CONSULTANT equipment and standard operating procedures (SOP) QA/QC data shall be recorded, printed, and this information made available at all times, given reasonable notice, and submitted to the CITY or its representatives upon request, at no additional charge.
CONSULTANT shall maintain a QA/QC plan for each analytical facility and shall follow the SOPs contained in the plan. CONSULTANT shall maintain a full-time quality assurance officer at each CONSULTANT location. This person shall be responsible for routinely performing audits of the operating systems with CONSULTANT.
CONSULTANT’S quality assurance officer or senior scientist shall be made available periodically to provide technical assistance to CITY or its representatives regarding the analyses requested or discussion of analytical issues.
In the event a Method Blank for an N-Nitrosodimethylamine (NDMA) analysis contains between
0.5 and 0.7 nanograms per liter (ng/L) of NDMA, CONSULTANT shall contact CITY or its representatives immediately and discuss reporting of any BPOU sample data from the analytical run associated with the Method Blank. Any Method Blank that contains NDMA at or above 0.7 ng/L shall be deemed unacceptable and all BPOU samples associated with this Method Blank shall be re-extracted and reanalyzed.
Re-Work Due to Laboratory Error/Omission
In the event of an analytical error or omission (exceeding holding time, failure to pick up samples, CONSULTANT error, sample loss or breakage, etc.) or otherwise erroneous results, CONSULTANT shall immediately contact CITY or its representatives. CITY or its representatives will provide estimated administrative, CONSULTANT, and fieldwork costs and notify CONSULTANT of the estimated and actual costs for this re-work. CONSULTANT will be responsible for the cost of both the re-sampling and re-analysis of samples due to CONSULTANT DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
20 error or omission. The re-work sample(s) shall be re-analyzed at no additional cost to CITY or its representatives, and CONSULTANT will be invoiced for the costs of the re-sampling performed by CITY and/or its representatives.
Certification, Permits, And Licenses
CONSULTANT shall obtain and pay for any and all permits and licenses required by virtue of this contract, including all SWRCB, USEPA and CA ELAP certifications required. CONSULTANT shall, as applicable, maintain and provide copies of certifications and permits to perform analytical services. Any renewed or modified certifications or permits shall be provided to City within thirty (30) calendar days of the renewal or certification.
Subcontracting
Should CONSULTANT experience the need to subcontract any portion of this work, it shall be approved in writing by City at least five (5) calendar days prior to the work being performed.
Should CONSULTANT subcontract any portion of this work (with the consent of CITY), CONSULTANT shall confirm to CITY that the subcontractor has any and all permits and licenses required by virtue of this Agreement and that all analytical reporting requirements of this Agreement extend to the subcontractor.
CITY shall provide one-week advance notice of the sample delivery schedule, or any changes to the schedule, whenever possible. Upon timely delivery of samples, CONSULTANT will use its best efforts to meet mutually agreed upon turnaround times. All turnaround times will be calculated from the date of Sample Delivery Acceptance. Sample Delivery Acceptance is the point in time when CONSULTANT has determined that it can proceed with defined work following receipt, inspection of samples, and resolution of any discrepancies in Chain-of-Custody forms and project guidance regarding work to be done. CONSULTANT reserves the right, exercisable at any time, to refuse or revoke Sample Delivery Acceptance for any sample which in the sole judgment of CONSULTANT: (a) is of unsuitable volume; (b) may pose a risk or become unsuitable for handling, transport, or processing for any health, safety, environmental or other reason, whether or not due to the presence in the sample of any hazardous substance and whether or not such presence has been disclosed to CONSULTANT by CITY; or (c) holding times cannot be met, due to the passage of more than forty-eight (48) hours from the time of sampling, or one-half the holding time for the test, whichever is less.
In addition, Sample Delivery Acceptance is contingent upon the resolution of inconsistencies in the Sample Chain-of-Custody forms, breakage, receipt of sufficient documentation and project guidance regarding work to be done.
Upon changes in the sample delivery schedule by CITY, prior to Sample Delivery Acceptance, CONSULTANT reserves the right to modify its turnaround time commitment, to change the date upon which CONSULTANT will accept samples or refuse Sample Delivery Acceptance for the affected samples. Rush turnaround times not requested in advance of the delivery of samples and specifically agreed to by CONSULTANT are not guaranteed.
Prior to Sample Delivery Acceptance, the entire risk of loss or damage to samples remains with CITY, except where CONSULTANT provides courier services. In no event will CONSULTANT have any responsibility or liability for the action or inaction of any carrier shipping or delivering any sample to or from CONSULTANT's premises. CITY is responsible for assuring that any DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
21 sample that contains or may contain any hazardous substance to be delivered to CONSULTANT’s premises is properly packaged, labeled, transported, and delivered, all in accordance with applicable laws.
II. INFECTIOUS DISEASE
A. CONSULTANT shall be required to know and adhere to the California Occupational Safety and Health Act of 1973 (“CalOSHA”) COVID-19 Prevention NonEmergency Regulations, the California Department of Public Health orders and all state, federal and local regulations regarding COVID-19 and other infectious diseases that may pose a risk to public health.
B. CONSULTANT shall advise employees who have any symptoms of COVID-19, the common cold, influenza or infectious disease not to report to work.
C. CONSULTANT shall notify their CITY Responsible Principal and the Risk Manager immediately upon learning that an employee who was working onsite at a CITY facility has been diagnosed with COVID-19 or any infectious disease.
For questions, please contact CITY’s Responsible Principal or Risk Management at 310-285- 1073.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
22 EXHIBIT B
SCHEDULE OF PAYMENT AND RATES
CITY shall pay CONSULTANT for the satisfactory performance of services under the Agreement in an amount not to exceed One Hundred Thirty-Five Thousand Dollars ($135,000.00) for the first (3) years this Agreement remains in effect and if extended by CITY for two additional years, the total amount of the Agreement shall not to exceed Two Hundred Twenty-Five Thousand Dollars ($225,000.00) over a five year term at the rates set forth in Attachment 1 to this Exhibit.
Sample Analysis Rates shall include the following sample analyses at the rates set forth in Attachment 1 to this Exhibit. Additional rates must be agreed upon in writing by the Director of Public Works and CONSULTANT.
CONSULTANT shall submit to CITY a detailed invoice upon completion of any sample delivery group, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of the date of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONSULTANT said Consideration in accordance with the schedule of payment set forth in this Exhibit.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F B0785-0001\2930900v4.doc
23 ATTACHMENT 1 EXHIBIT B
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F DftlNKING WATER UnltPrite rll
T otll Coliform Wl'E.Cdi eonfirrnatoi (ptesence'abset-ce} , 12.00 T otll Colirorm ...-.'E.Cdi ocmfirm-.:in ('MPN) SIS.00
Tolal Co11form(50U'Ce) S>0.00
E.Coli(~> S>0.00
lie1erocrptic Pf:illi, Cot.nt S1S.OO
GenenilPhysic:al .,. .. "6trllteHN $15.00
hk:rile 111S N SIS.00
"""""' SlS.00
Genetal Mineral & I~ 1300.00
- S50.00
Petchlortlle(4 ppb Olft) $40,00
Perehlonlle( 1 ppb DlR) S:125.00
'5bcstos S2SO.OO
Hcuv.,ier, Ci.om.um .... 00
Le.adardCopp,r S>0.00
Le.:tdCff'f(~stesting) SIS.00
l ,2.~ T rid'llorop,~IIC S:100.00
r1-1Msal!dHMs S,00.00
Gross~a $65.00
Ralium228 S12S.OO
......,, SS0.00
UCMRS Unit Price (S►
PFASby£PA633 $350.00
PFAS by EPA 533 • FR8 S350.00
PfASby£PA537.1 1300.00
PFASby£PA637.1 , fRB 1300.00
Utlium by 200. 7 SS0.00
WA&ffWAttRINPO!S Unit Price (S►
"'-'-'~ Toocity $400.00
otll Suspended Solicls (TSS> SIS.00
Turbidity s:12.00
BOO 20"C 6-d.'lys $65.00
Sette;itite Solids $ 15.00
Residual Chloritle $12.00
Sulfid,:,,$ =oo Phenols $35.00
Mdhy)er,e 81ue Ac:bYe Subst:111ees (MBAS') $30.00
N<~~1iy11111s,e (NOMA) '22~00
Perc:liorllle (4 ppb out) SS0.00
1,4 Dio:aane S,00.00
pH SI0.00
eo.,.. SIS.00
s.i-m $15.00
""' SIS.00
,._ SlS.00
~Ills ret LACSO (As. Cd, Cu, Pb, Ni,A;, Cf, Zri)
Arsenic(A.s) $15.00
Cllld11fan (Cd) SIS.00
t:~(f"l4 tt~ M
l ei.d{Pb) $15.00
Nid:el (ti) S1S.OO
Slvef(~ ) $15.00
Ctwomium(Cr) S1S.OO
Zinc: (Zn) SIS.00
0i!ssol11ed SIJfide $SO.OO
[Mpersed Oil & Gc-eme (T WII) s:100.00
Ao:llltileOll&G,--, $125.00
T empe,rature SI0.00
B0785-0001\2930900v4.doc
24 ATTACHMENT 1 EXHIBIT B
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F • Project Kickoff Meeting and Project Status Meetings (as needed) • Sample Kits
• Pre-Labeled Sample Containers
• Sample Kit Delivery or Pick Up (pre-scheduled)
• Sample Pick Up or Drop Off (pre-scheduled)
• QC Level II (batch QC)
• Reports and Invoices via PDF
• Electronic Data Transfer (EDT) to DOW Write-On database • Electronic Data Transfer (EDT) to EPA COX
Charges for non-standard services are as follows
Item
Sample Kit Order (<2 days notice)
Sample Kit Delivery or Pick Up (<2 days notice)
Sample Kit Delivery or Pick Up (Weekend or Holiday)
QC Level 3 Data Package
QC Level 4 Data Package
Field Sample Collection
Sampler Training w/Contact Hours Credit
Fee
$100
$150
$300
15% of the total order invoice
25% of the total order invoice
$100 per hour
$100 per hour per attendee
EXHIBIT C
B0785-0001\2930900v4.doc
EXHIBIT C
CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:
NAMED INSURED COMPANIES AFFORDING COVERAGE
A.
B.
ADDRESS C.
COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER
EXPIRATION
DATE
B.I. LIMITS
P.D.
AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED
OPERATIONS
BLANKET CONTRACTUAL
CONSULTANT'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION
It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:
It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: CONSULTANT agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of CONSULTANT's officers, employees, agents or others employed by CONSULTANT while engaged by CONSULTANT in the (performance of this agreement) construction of this project.
It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.
In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.
Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.
Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
DATE: BY:
Authorized Insurance Representative
TITLE:
AGENCY: ADDRESS:
RM02.DOC REVISED 10/14/96.
DocuSign Envelope ID: 26FB52FD-4A3B-4C6B-B60E-D2547FC9323F Certificate Of Completion
Envelope Id: 26FB52FD4A3B4C6BB60ED2547FC9323F Status: Sent Subject: Complete with DocuSign: Eurofins Eaton Analytical-Water Sampling.pdf Source Envelope:
Document Pages: 25 Signatures: 6 Envelope Originator:
Certificate Pages: 3 Initials: 0 Jazmin Rosas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 N. Rexford Drive
Beverly Hills, CA 90210
[email protected]
IP Address: 198.245.189.169
Record Tracking
Status: Original
4/1/2024 11:57:37 AM
Holder: Jazmin Rosas
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Camila Gadotti
[email protected]
President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 168.149.253.20
Sent: 4/1/2024 12:03:38 PM
Viewed: 4/1/2024 12:43:08 PM
Signed: 4/1/2024 12:43:20 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Caroline Sangari
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 168.149.253.20
Sent: 4/1/2024 12:03:38 PM
Resent: 4/3/2024 7:42:49 AM
Viewed: 4/3/2024 7:49:33 AM
Signed: 4/3/2024 7:49:44 AM
Electronic Record and Signature Disclosure:
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Deborah R. Hakman For
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.87.233.201
Sent: 4/3/2024 7:49:46 AM
Viewed: 4/3/2024 9:08:59 AM
Signed: 4/3/2024 9:09:24 AM
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Sharon L'Heureux Dressel
[email protected]
Risk Manager
Sharon Dressel
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.166
Sent: 4/3/2024 9:09:25 AM
Viewed: 4/3/2024 9:21:36 AM
Signed: 4/3/2024 9:22:00 AM
Electronic Record and Signature Disclosure:
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DocuSign·
Signer Events Signature Timestamp
Robert Welch
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.245.189.169
Sent: 4/3/2024 9:22:02 AM
Viewed: 4/3/2024 9:22:57 AM
Signed: 4/3/2024 9:23:27 AM
Electronic Record and Signature Disclosure:
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Shana E. Epstein
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 192.5.3.140
Signed using mobile
Sent: 4/3/2024 9:23:30 AM
Resent: 4/3/2024 4:10:28 PM
Viewed: 4/4/2024 9:25:20 AM
Signed: 4/4/2024 9:26:19 AM
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Logan Phillippo
[email protected]
Real Property Development Manager
City of Beverly Hills
Security Level: Email, Account Authentication
(None)
Sent: 4/4/2024 9:26:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Nancy Hunt-Coffey
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Lester J. Friedman
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Huma Ahmed
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Keith Sterling
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jackie Galeas
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Megan Grilley
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/1/2024 12:03:38 PM
Payment Events Status Timestamps