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Attachment 2 - Eurofins Eaton Analytical, LLC - Non-Responsive Notification Letter

Camarillo City Council
June 26, 2024

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Attachment 2 - Eurofins Eaton Analytical, LLC - Non-Responsive Notification Letter
Meeting
June 26, 2024
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Camarillo City Council
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Text extracted from the city's file for reading and search. Open the original on camarillo.primegov.com. That file is the official record.

City of Camarillo
Department of Public Works
601 Carmen Drive, Camarillo, CA 93010
Office: 805.388.5340 - Fax: 805.388.5387

May 22, 2024

VIA EMAIL AND US MAIL

Eurofins Eaton Analytical
Attn: Camila Gadotti
941 Corporate Center Drive
Pomona, CA 91768

Re: Notice of Rejection: AT-2024-4, Water Testing and Analysis

Dear Ms. Gadotti,
On May 10, 2024, bids were received by the City of Camarillo (City) for project AT- 2024-4, Water Testing and Analysis (Project). The City has reviewed the bid submitted by Eurofins Eaton Analytical (Eurofins) for the Project (attached).

Eurofins submitted a bid with a list of Modifications that would change the terms and conditions of the contract. Section 2.G of the Bid Conditions states the following:

Questions concerning the requirements should be directed to the Q & A section in Planet Bids.

By submitting a bid, Eurofins agreed that it understood and agreed to the requirement s of the City’s contract form and bid conditions section 10.A (attached), which stated the following:

Bidder shall agree to the specifications contained herein. Failure to agree to all of the specifications could be cause for rejection of bids.

Had Eurofins submitted specific questions to the Q & A section in PlanetBids asking to modify the contract, the City could have considered those questions, nonetheless Eurofins submitted a bid with exceptions and assumptions altering the terms of the contract and Bid request. In addition, if the City were to accept Eurofins exceptions and modifications to the contract, it would give an unfair advantage to Eurofins as it would allow Eurofins to reduce its scope of liability and risk under the Bid contract which provides a potential cost savings in the bidding process compared to the other bidders.

Eurofins Eaton Analytical
May 17, 2024

Page 2 of 2 ends

For these reasons, City staff will recommend to the City Council that Eurofins bid be rejected as non- responsive at the City Council meeting set for June 26, 2024, at 5:00 pm at the Camarillo Public Library Community Room, 4101 Las Posas Road, Camarillo, CA.

If you wish to File a Protest to the City staff recommendation, then you may submit it to the City Clerk at [email protected]. All protests must be in writing stat ing the factual basis for the protest, and all evide ntiary support, by June 19, 2024. In addition, you may appear at the City Council meeting set for June 26, 2024.

If you have any questions, please contact Dale Reynolds at [email protected] or call (805) 388-5373.

Thank you for your cooperation.

Sincerely,
David Klotzle
Director of Public Works
Enclosures:

AT-2024-4 Eurofins Bid Package
AT-2024 Contract Form
c: Kristy Buxkemper, City Clerk
Shaun Kroes, Public Works Administrator
Rachel Richman, City Attorney
Ken Matsuoka, Deputy Director of Public Works
Dale Reynolds, Water Superintendent

City of Camarillo / Camarillo Sanitary District
Specification No. AT-2024-4 - Water Testing & Analysis, bidding on 05/10/2024 10:00 AM (PDT)

Page 1 of 3 ends

Printed 05/10/2024
PlanetBids

City of Camarillo / Camarillo Sanitary District
Specification No. AT-2024-4 - Water Testing & Analysis, bidding on 05/10/2024 10:00 AM (PDT)

Page 2 of 3 ends

Printed 05/10/2024
PlanetBids

City of Camarillo / Camarillo Sanitary District
Specification No. AT-2024-4 - Water Testing & Analysis, bidding on 05/10/2024 10:00 AM (PDT)

Page 3 of 3 ends

Printed 05/10/2024
PlanetBids

May 10, 2024
City of Camarillo
601 Carmen Drive
Camarillo, California 93010
Ken Matsuoka, Water Superintendent
Subject: R
FP# AT-2024-4 Water Testing and Analysis
Dear Ken Mat
suoka,
Eurofi
ns Eaton Analytical, LLC (Eurofins) is pleased to submit to the City of Camarillo for the RFP AT-2024-4 for Water Testing and Analysis.
• Single S
ource Solution – Eurofins is the largest potable water focused commercial laboratory in the United States, serving more than 500 clients across the U.S. and more than 100 foreign countries. We are a full- service environmental testing operation certified in 50 states and territories under the Safe Drinking Water Act and/or the National Environmental Laboratory Accreditation Program (TNI). We routinely analyze more than 200 individual water quality parameters according to 40 CFR 141 and 40 CFR 136 and other acceptable water quality test methodologies.
• Experience – Eurofins has analyzed nearly 2.5M samples for public water systems (PWSs) throughout the U.S. We have been in the commercial laboratory business for nearly 50 years, providing our clients with a reliable contract laboratory and regulatory information resource.

Eurofins has over 100,000 combined square feet of laboratory space and over 200 qualified staff at our MonroviaPomona, CA and South Bend, IN laboratories. • Technical Exper
tise – Eurofins is the recognized expert in water quality analysis. Our staff is involved at the Federal level serving as a stakeholder, author and contributor in the development of analytical methods, regulatory monitoring requirements and compliance data assessment.
• Competit
ive Rates – Eurofins provides the water industry with high quality, reliable services at competitive rates.
• Local Serv
ices – Eurofins’ largest laboratory is close by in Pomona, CA and will provide all sample pickup and analytical testing services.

Thank y
ou for the opportunity to provide the City of Camarillo with qualifications and pricing for the above referenced RFP. We look forward to the opportunity to provide the agency our professional analytical services.

Respecti
vely Submitted,
Eurofins Eaton Analytical, LLC
1 RFP AT-2024-4
Water Testing and Analysis

Proposal Contact: Kevin Calcagno
Phone: (916) 960-7479
Email: [email protected]

Prepared For:

City of Camarillo
601 Carmen Drive
Camarillo, CA 93010
ATTN: Ken Matsuoka
2 Table of Contents
A. QUALIFICA
TIONS OF THE LABORATORY…….………………………
B. PREVIOUS EXPERIENCE………………………………………………….

C. OUTLINE OF SERVICES..…………………………………………………..

D. TURN-AROUND-TIME……………………………………………………….

E. CERTIFICATIONS…………………………………………………………..

F. SCHEUDLE FOR COMPLETION……………………………………………
G. PROPOSED EXCEPTIONS TO SAMPLE AGREEMENT……………….

APPENDI
X A: RATE SCHEDULE……..…………….………………………
• Detection Limits

APPENDIX
B: CERTIFICATION………………………………………………
• Eurofins ELAP/NELAP Certifications
• Eurofins ISO17025 Accreditation
This proposal includes data that shall not be disclosed outside the organization to which it was submitted, and shall not be duplicated, used or disclosed – in whole or in part – for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror or quote as a result of – or in connection with – the submission of this data, the Buyer shall have the right to duplicate, use or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Buyer’s right t o use information contained in this data if it is obtained from another source without restriction.
3 GENERAL INFORMATION

Company Name: Eurofins Eaton Analytical, LLC (Eurofins)

Main Contact Person: Kevin Calcagno, Account Manager
[email protected]

P: (916) 960 7479

Authorized Representative to conduct contract negotiations:

Camila Gadotti, President

[email protected]@ET.EurofinsUS.com

P: (626) 386-1100

Full Mailing Address: 941 Corporate Drive, Pomona, CA 91768 P: (626) 386-1100
F: (866) 988-3757
Operating Hours: 8:00am-5:00pm Monday through Friday and maintain staff availability for courier, login and analytical services on weekends, on holidays and after hours

Website www.EurofinsUS.com
/env

4 A. QUALIFICATIONS

Eurofins is the largest potable water focused commercial laboratory in the United States, serving more than 1000 clients across the U.S. and in more than 100 foreign countries. We are a full service environmental testing laboratory certified in 50 states and territories under the Safe Drinking Water Act and/or the National Environmental Laboratory Accreditation Program
(TNI). We routinely analyze over 200
individual water quality parameters for
water and analyses according to
40CFR 141 and other acceptable test
methodologies. Our firm routinely
spends up to $1 million per year on lab
equipment to remain the leader in
water-quality related testing. Major
clients include private water utilities,
municipalities, multi- nationals, state governments, industry associations, and the US EPA. Our strengths are regulatory knowledge, a strong quality assurance program, methods development, and a dedication to client service.

Our staff is actively involved in regulatory program development and analytical methods.

We have been in the comm ercial laboratory business for almost 50 years and are a financially stable lab capable of providing our clients with a reliable contract laboratory and regulatory information resource.

Our combined 100,000 square feet of full-service water testing laboratories are located in Pomona, CA and South Bend, IN.

Eurofins Eaton Analytical Eurofins Eaton Analytical
941 Corporate Center Drive 110 S. Hill Street
Pomona, CA 91768 South Bend, IN 46617
800-566-5227 800-332-4345

5 Eurofins has been in operation in since 1969 and has a proud and successful history serving the water industry with high quality, reliable and efficient water quality services.

Highlights include:

• EPA contractor for the National Pesticide Survey (1987-88). • Information Collection Rule accredited laboratory (1997-99). • EPA contractor for UCMR1 (2001- 05), UCMR2 (2008- 10) and UCMR3 (2013- 2015)
• EPA 314 method Co-Author for Perchlorate
• WaterRF 4167 (Methods for PPCP analysis) Co-Principal Investigator • Federal contact laboratory for USGS, USBR and US Armed Forces • State contact lab for AR, AS, AZ, DE, GU, ID, LA, MN, MS, NJ, NV and UT

Subcontracting

99% of testing Line Items will be performed In- House by Eurofins Eaton Analytical. A subcontract laboratory has been arranged for Silt Density Index (SDI). Eurofins is also considering adding this method to our in-house capabilities.

Managing virtually all of the required testing in- house will reduce the unpredictability of subcontract laboratory services.

6 B. PREVIOUS EXPERIENCE

Eurofins is the #1 contract laboratory of choice for public water agencies in California and provides water testing for over 500 public agencies across the United States. Our resume of experience as a water testing leader includes work on many significant and high profile projects involving regulated and emerging contaminants at the Federal and State level.

Our history should give our clients the confidence that they are working with the most experienced laboratory in the business.

Water Replenishment District (WRD)
4040 Paramount Blvd, Lakewood, CA 90712

Brian Partington, Chief Hydrogeologist
Phone: 562-275-4249
Email: [email protected]

Eurofins has served as the primary contract lab for WRD for over ten years. Our assignments include analytical testing for the District’s Regional Groundwater Monitoring program, the Rio Hondo, San Gabriel & Dominguez Gap spreading ground projects and the Leo Vander Lans recycled water project. More recently, Eurofins performed testing for PPCPs at 80 sites to assist WRD characterize the occurrence of emerging constituents in the groundwater basin. Our testing assignments include analysis for regulated drinking water constituents, notification level parameters, public health goal analytes, NPDES requirements and other yet -to-be regulated contaminants. WRD continues to contract with Eurofins because of our unique testing capabilities, our extensive sample capacities, our convenient proximity, our involvement in research and development and our dedication to customer service.

Analytical History: 2000-Present

City of Corona
755 Public Safety Way
Corona, CA 92880
Contact: Jennifer McMullin, Regulatory Technician III
Ph. (951) 279-3624
Email: [email protected]

City of Corona manages a combined groundwater and surface water system proximate to local industrial contamination. The City also has no in- house laboratory and outsourced a portion of their routine compliance sampling tasks. Eurofins has served as the City’s contract laboratory since 2013. We conduct sample collection for the City’s water reclamation and reuse compliance program + testing for both the reuse program 7 and potable compliance monitoring program. Sampling services are provided 7 days per week to meet current City permits. Central to our performance and success with our contract with Corona has been our ability to effectively train and maintain a consistent, reliable field sampler, our proximity to the City Yard to meet short holding times & response to as -needed sampling events plus our capacity and ability to manage very large sample orders week in and week out.

Analytical History: 2000-Present

San Francisco Public Utilities Commission
1000 El Camino Real
Millbrae, CA 94030
Contact: Megan Tran
Phone: (415) 872-5945
Email: [email protected]

Eurofins has provided drinking water compliance testing to San Francisco Public Utilities Commission from 2011- Present. Compliance programs supported include DBP Compliance, Title 22 Regulatory Requirements, UCMR3 & UCMR4 testing, 1,2,3- TCP initial testing and well testing for PFAS for DDW Investigation. Management includes coordinating with numerous laboratories for specialty testing needs as well as routine compliance testing. Required regulatory EDT and custom EDD deliverables.

City of Santa Clarita
26521 Summit Circle, Santa Clarita, CA 91350
Jenny Anderson, Water Quality Specialist
Email: [email protected]
Phone: (661) 259-1635

Eurofins has been working with the trio of water agencies (Valencia Water Company, Newhall County Water District, Santa Clarita Water Company) know now as Santa Clarita Valley (SVW) Water since 2002. We perform routine compliance analysis (Bacteriologicals, DBPs, Annuals) and special projects (UCMR, TCP, PFAS) for the agencies. However, our primarily role for SVW Water is to support operational of the Saugus Perchlorate Treatment Facility, which utilizes ion-exchange treatment to remove Perchlorate from wells contaminated from the former Whittaker -Bermite munitions superfund site in Valencia. Eurofins performs weekly testing and expedited analysis plus confirmation samples to support plant operations. Recently, our analysis confirmed a movement of the Perchlorate plum which is critical information to our client’s operation, including actions to shut down affected wells.

Analytical History: 2002-Present
8 C. OUTLIN

E OF SERVICES
Project Management
Eurofins will assign a Senior Project Manager to the City of Camarillo that will be the single-point-of-contact for all communication related to container supply and delivery, courier service, login accuracy, analysis tracking, data reporting and invoicing . Each Eurofins Project Manager is provided with an assistant and a backup, for 100% coverage during all times.

Emergenc
y Availability – In addition to Project Management contact information, Eurofins will provide emergency contacts for after -hours and weekend emergency testing needs.

If in -house courier service is not available during after -hours or weekends, pre- arrangements will be made with a 3rd Party sample pickup service.

Technical Support
The technical and management staff at the Eurofins Laboratory in Monrovia Pomona is the best in the water quality testing industry. Our team of Lab Managers, Department Specialists, and Account Management is always available to provide guidance and consultation with your analytical and compliance testing programs.

Courier Service
Eurofins’ fleet of couriers serves the Greater Los Angeles area, including Ventura County.

For routine compliance testing, a pre- scheduled sample pickup day and time will be arranged. For non- scheduled and emergency sample pickup needs, on- call service is available by making arrangements through the Project Manager.

Sample Handling
Sample containers for all analyses except certain
microbiological methods are purchased in batches, pre-
cleaned by each vendor according to EPA guidelines.

Every batch is associated with a lot number, identified on each container and tracked to trace any contamination
that might originate with the vendor. All Volatiles and Metals lots are tested to verify the absence of
contamination. When required by the method, containers are preserved by Eurofins according to CFR 136- 149 and the Manual for the Certification of Laboratories (5 th
edition). Only reagent grade (or better) preservatives are used.

Eurofi
ns operates from 8:00am -5:00pm Monday through Friday and maintain staff availability for courier, login and analytical services on weekends, on holidays and after 9 hours. We are located close enough to provide same day courier and same day analysis (if needed).

Holding Time and Turnaround Time Management
Our login staff inspects all samples upon receipt. We contact the client immediately whenever samples are received with breakage, leakage, inverted septa or air bubbles (for Volatile samples), incorrect containers, wrong preservatives, missing container labels, incomplete paperwork or excessive temperature. Each cooler temperature is measured and recorded on the sample custody form. Tracking numbers are then assigned to each sample and scheduled for analysis. Analytical Departments are notified to retrieve any samples with short holding times or samples requiring rush turnaround times so processing can commence immediately.

Remaining samples are stored at 4 degrees C in walk -in refrigerators. Temperatures in all cold storage areas are measured twice each day to ensure required temperature is maintained (TNI 5.5.3). Volatiles samples are segregated in separate refrigerators to prevent cross-contamination.

Quality Assurance and Quality Control
The analytical methods performed at Eurofins are based primarily on methods specified by various federal, state and local regulations. If more stringent standards or requirements are included in the mandated test method or by regulation, the laboratory guidance is that all SOPs meet such requirements even if the requirement is more stringent than the corresponding TNI standard. If it is unclear which requirements are more stringent, the laboratory follows the standard from the method or regulation. All analysts must follow the QC protocols and essential QC measures
specified by the laboratory’s method manual (SOPs) . The majority of methods come from the U.S. Environmental
Protection Agency. Other common methods are from Standard Methods for the Examination of Water and Wastewater, approved regulatory editions.

10 All method modifications are documented fully in individual SOPs. Methods are modified if, and only if, the original method goals for precision and accuracy have been met or exceeded. Modifications are usually implemented due to available resources or to expedite the process without sacrificing quality. Me thods are validated prior to analyzing client samples.

Validation is based on the method as described in the internal SOP.

The validation includes a Method Detection Limit (MDL) study following current 40CFR 141 and 40CFR131 protocols, an analyst precision and accuracy study following TNI or EPA protocols, and subsequent review by the Group Manager, Lab Director and Quality Assurance Officer.

Detection Limits
It is the policy of Eurofins to be conservative when reporting ND (not detected) on a sample. Consequently, the laboratory has implemented minimum reporting levels (MRLs) that must be at or above the lowest standard associated with that analytical run rather than reporting to the MDL. This ensures that all data reported as "detected" will have some degree of analytical precision associated with them. Semi-quantitative data below the MRL are available on a client-specific Data Quality Objectives (DQO) basis. An MRL check sample is normally included with every run to verify sensitivity. Detection limits are included with this response.

Deliverables
Final report deliverables will include all of the following:
• Signed Cover Page with Project Name and Title
referenced
• Sample Acknowledgement
• Chain of Custody
• Sample Results with collection, receipt and analysis dates referenced
• Report Comments/Narrative
• QC Summary
• Batch QC Report (lab control spikes, matrix spikes, MRL check, method blank, surrogates)
• State Forms or EDT (if required)
• All reported results, COCs, and electronic deliverables (EDDs / EDTs) are stored online and always available through Eurofins secure Client Access Portal (CAP)

Level 2 Batch QC is included with every report. In accordance with TNI standards, Eurofins notes any data not meeting the limits for any parameters to highlight for the client flagged exceptions to quality control. In cases where regulations do not permit reporting flagged data, the flags serve to identify the need for a resample. Level 3 raw data 11 documentation will also be provided as required. Duplicate reporting (to other designated staff) is available.

Invoices include each of the following data elements:

• Project and Sample Group reference
• Sample Identification
• Test(s) Completed
• Unit and Extended Cost
• Total Cost
• Contract or Purchase Order reference

Data Management
Eurofins maintains a secure, online account for you to access all project -related documents. Any designated representative may use project-specific or “master” ID and password to access our web site where PDF versions of the project documents can be accessed. All report documents are delivered electronically via PDF e-mail link. Any one of a number of your or 3 rd party staff may be designated to receive COCs, acknowledgements, reports and/or invoices for specific projects.

For compliance reporting to the State of CA, EDT and CLIP (new for 2021) uploads are performed automaticaly through our LIMS and occur 7- 10 days prior to the 10 th of the
following month, the State of CA due date. EDT and CLIP uploads can be performed sooner upon request to the Project Manager.

Electronic Data Management
MyEOL® is Eurofins’ online data delivery solution, available to all clients at no added cost. Allowing clients to track all aspects of their environmental data program, MyEOL® provides an additional means for clients to interact with their laboratory. Accessible from any web browser, MyEOL® provides the following benefits to our clients:

• Rapid access to data for real time decision making
12 • Customizable EDD creation
• Data trending capabilities by sample and analyte
• Budgeting tool for analytical projects
• Project status updates for results, electronic deliverables and other documents generated for your project
• Downloadable project documentation;
invoices, reports, EDDs, and COCs
• Customizable displays capturing data
in single grid and single click
downloads to Excel
• Multi-project report generation
capabilities allowing for the
consolidation of multiple sample events
into one EDD report
• Preloaded regulatory limits enabling
the comparison of client results to
existing regulatory standards.
• Ability to create personalized limits capable of comparison to client results D. TURN-AROUND
-TIME
Standard Turn-Around Time (TAT) = 10 Working Days (2 weeks) For test
s such as Coliform/E.coli and Heterotrophic Plate Count (HPC), standard TAT may be faster than 2 weeks.

For test
s such 2,3,7,8 -TCDD (Dioxin) and Radiologicals (Gross Alpha/Beta), standard TAT may be longer than 2 weeks.

RUSH Surcharges
+100% = 1-2 Working Days
+ 75% = 3 Working Days
+ 50% = 4 Working Days
+ 25% = 5 Working Days
+ 10% = 6 -7 Working Days
13 E. CERTIFICATION

Eurofins is accredited by four primary organizations.

Eurofins has held California Environmental Laboratory Approval Program (ELAP) accreditation since the commencement of the program in 1988. Prior to that, we chaired the Association of California Testing (ACT) Laboratories group and worked closely with State regulators on laboratory approval standards, methods, training and quality systems.

Presently, ELAP is working with Eurofins and other members of the Environmental Laboratory Technical Advisory Committee (ELTAC) on finalizing quality standards for a new TNI-based program and implementation of the Compliance Management Data Portal (CMDP).

Eurofins is also a TNI-accredited laboratory, hence our involvement and assistance to ELTAC and ELAP with integrating the 2016 TNI standards into the new State accreditation program. Of course, Eurofins already meets these anticipated new State standards.

Eurofins is ISO 17025 -accredited as well, according to the latest ISO quality standard (17025). As an ISO laboratory, Eurofins has established and maintains standard operating procedures for ethics, data integrity, health & safety, staff training & management, facilities integrity and the like. Less than 5% of California laboratories are ISO-accredited.

Finally, Eurofins is EPA -approved to perform testing both the Unregulated Contaminants Monitoring Rule (UCMR) 5 and the Long-Term 2 (LT2) Enhanced Water Treatment Rule. Both of these accreditations require extensive and ongoing documentation of instrumentation, staff qualifications & experience and quality specific project plans to support both regulatory program. Eurofins is presently EPA-approved for all UCMR4 methods and all LT2 methods. No other California laboratory can claim such certification status and coverage.

Our extensive list accreditations reflect Eurofins’ commitment to quality, above and beyond the minimum requirements. We are subject to pre-scheduled and unannounced audits by regulators and other 3rd parties as frequently as every year, in contrast to most labs audited every 3 years.

14 F. SCHEDULE OF COM

PLETION OF SERVICES
Pre-Project and Performance Review Meetings
If awarded, and prior to start of providing services, Eurofins will arrange a meeting with all applicable staff from the City of Camarillo for a Pre-Project Meeting. This meeting will review service commitments and expectations with key Eurofins staff.

Performanc
e Review meetings will be scheduled on a quarterly, semi -annual, or annual basis to discuss current level of service and areas for improvement. These meetings are typically attended by the Eurofins Project Manager, Laboratory Director and Account Manager.

Sampling Kit and Container Delivery
For routine and pre- scheduled compliance testing programs, sampling kits and pre- labeled containers are delivered a minimum of two (2) weeks prior to sampling event. For example, containers for September sampling will be delivered in mid- August. Sampling kits for non -scheduled testing can be delivered within 7- 10 days of request. Faster delivery is available with special arrangement.

Courier and Sample Transportation
All samples picked up at the City of Camarillo, will be delivered the same day to the Eurofins Laboratory in MonroviaPomona. Samples are typically logged in within 12- 24 hours, and acknowledgement forms are sent to the client within that time frame.

Analysis Turn-Around Time (TAT)
Please see Section D. Turn-Around Time, for details.

For compliance reporting to the State of CA, EDT and CLIP (new for 2021) uploads are performed automaticaly through our LIMS and occur 7- 10 days prior to the 10 th of the following month, the State of CA due date. EDT and CLIP uploads can be performed sooner upon request to the Project Manager.
15 G. PROPOSED EXCEPTIONS TO SAMPLE AGREEMENT

Eurofins Eaton Analytical, LLC’s (Eurofins) Contracts Department has reviewed the City of Camarillo (“City”) bid specifications; specifically, the Agreement for Chemical Analyses Services (“Agreement”), and has the following comments:

Section 2 – Term and Termination of Agreement

In the interest of equity, Eurofins requests that it be compensated for samples that are in- house and being processed at the time notice of termination is given, regardless of whether such termination is with or without cause. It is proposed that the following language be added after the last sentence in Section 2:

City shall pay Contractor for all work performed through the date that notice of termination was given to Contractor.

Section 5 – Indemnification

While Eurofins agrees to indemnify City in accordance with Section 5, Eurofins cannot accept the potential for unlimited damages in any project because it cannot incorporate the risk of any unforeseeable damages into its prices. It is further proposed that the following limitation of liability language be added to Section 5:

Contractor’s maximum liability under this agreement or any other attachments, however, whether based in contract, tort, warranty, negligence or otherwise shall not exceed amounts recoverable under the scope and limits of the insurance required under this A greement, up to a maximum of $2,000,000. In no event shall Contractor be liable to City for any special, indirect, or consequential damages occasioned by the services performed.

Exhibit C – Insurance

Section 8 – Certificates of Insurance and Endorsements

Eurofins will undertake to notify all certificate holders in the event of a cancellation, or otherwise, of an insurance policy. Since it is Eurofins undertaking the responsibility of 16 providing notice, it requests that “material change” be deleted from the last sentence in this section.
17 Total HAA5 ELAP/NELAP SM 6251B 2 2 ug/L
Monochloroacetic Acid (MCAA) ELAP/NELAP SM 6251B 0.41 2 ug/L Monobromoacetic Acid (MBAA) ELAP/NELAP SM 6251B 0.055 1 ug/L Dichloroacetic Acid (DCAA) ELAP/NELAP SM 6251B 0.105 1 ug/L Trihloroacetic Acid (TCAA) ELAP/NELAP SM 6251B 0.103 1 ug/L Dibromoacetic Acid (DBAA) ELAP/NELAP SM 6251B 0.054 1 ug/L Total Trihalomethanes ELAP/NELAP EPA 524.2 0.062 0.5 ug/L Chloroform ELAP/NELAP EPA 524.2 0.113 0.5 ug/L
Bromodichloromethane ELAP/NELAP EPA 524.2 0.117 0.5 ug/L Dibromochloromethane (THM) ELAP/NELAP EPA 524.2 0.062 0.5 ug/L Bromoform ELAP/NELAP EPA 524.2 0.142 0.5 ug/L
Inorganics
Alkalinity (Bicarbonate, Carbonate, Hydroxide) ELAP/NELAP SM 23210B 0.834 2 mg/L Apparent Color ELAP/NELAP SM 2120B 3 3 ACU
Asbestos - TEM ELAP/NELAP EPA 100.2 0.01 0.2 MFL
Bromide - low level ELAP/NELAP EPA 300.1 0.869 2 ug/L
Calcium ELAP/NELAP EPA 200.7 0.118 1 mg/L
Chloride ELAP/NELAP EPA 300.0A 0.025 0.5 mg/L
Specific Conductance ELAP/NELAP SM2510B 0.509 2 umho/cm Aggressvie Index (Corrosivity) ELAP/NELAP SM 2330 - 0.1 None Cyanide ELAP/NELAP EPA 335.4 0.002 0.005 mg/L
Fluoride ELAP/NELAP SM 4500F-C 0.007 0.05 mg/L
Hardness (total) as CaCO3 ELAP/NELAP SM2340 C 1.7 4 mg/L Hexavalent Chromium ELAP/NELAP SM3500CR-B 0.0043 0.005 mg/L Hexavalent Chromium Low ELAP/NELAP EPA 218.6 0.009 0.02 ug/L MBAS (Surfactant) ELAP/NELAP SM 5540C 0.014 0.1 mg/L
Nitrate-N ELAP/NELAP EPA 300.0A 0.005 0.1 mg/L
Nitrite-N ELAP/NELAP EPA 300.0A 0.004 0.05 mg/L
Odor ELAP/NELAP SM2150B 1 1 TON
Orthophosphate as PO4 ELAP/NELAP SM4500P-E 0.007 0.01 mg/L Perchlorate ELAP/NELAP EPA 314.0 0.294 4 ug/L
pH ELAP/NELAP SM4500H-B 0.1 0.1 Units
Silica ELAP/NELAP EPA 200.7 0.101 0.5 mg/L
Solids, Total Dissolved ELAP/NELAP SM2540 4.224 10 mg/L Sulfate ELAP/NELAP EPA 300.0A 0.06 0.5 mg/L
Sulfide ELAP/NELAP EPA 376.2 0.0236 0.05 mg/L
SUVA ELAP/NELAP SM 5310C/5910 Various Various Units
Total Organic Carbon ELAP/NELAP SM5310C 0.042 0.2 mg/L
Dissolved Organic Carbon ELAP/NELAP SM5310C 0.02 0.2 mg/L Turbidity ELAP/NELAP EPA 180.1 0.008 0.1 NTU
Metals
Aluminum ELAP/NELAP EPA 200.7 0.023 0.05 mg/L
Antimony ELAP/NELAP EPA 200.8 0.159 1 ug/L
Arsenic ELAP/NELAP EPA 200.8 0.06 1 ug/L
Barium ELAP/NELAP EPA 200.8 0.171 2 ug/L
Beryllium ELAP/NELAP EPA 200.8 0.054 1 ug/L
Cadmium ELAP/NELAP EPA 200.8 0.012 0.5 ug/L
Chromium (Total) ELAP/NELAP EPA 200.8 0.088 1 ug/L
Copper ELAP/NELAP EPA 200.8 0.197 2 ug/L
Iron ELAP/NELAP EPA 200.7 0.00262 0.01 mg/L
Lead ELAP/NELAP EPA 200.8 0.038 0.5 ug/L
Magnesium ELAP/NELAP EPA 200.7 0.003 0.1 mg/L
Manganese ELAP/NELAP EPA 200.7 0.001038 0.002 mg/L
Mercury ELAP/NELAP EPA 200.8 0.0353 0.2 ug/L
19 19

Nickel ELAP/NELAP EPA 200.8 0.323 5 ug/L
Selenium ELAP/NELAP EPA 200.8 0.153 5 ug/L
Silver ELAP/NELAP EPA 200.8 0.014 0.5 ug/L
Sodium ELAP/NELAP EPA 200.7 0.113 1 mg/L
Thallium ELAP/NELAP EPA 200.8 0.02 1 ug/L
Zinc ELAP/NELAP EPA 200.8 1.235 20 ug/L
VOC
1,1,1,2-Tetrachloroethane ELAP/NELAP EPA 524.2 0.149 0.5 ug/L 1,1,1-Trichloroethane ELAP/NELAP EPA 524.2 0.079 0.5 ug/L 1,1,2,2-Tetrachloroethane ELAP/NELAP EPA 524.2 0.101 0.5 ug/L 1,1,2-Trichloroethane ELAP/NELAP EPA 524.2 0.075 0.5 ug/L 1,1-Dichloroethane ELAP/NELAP EPA 524.2 0.133 0.5 ug/L
1,1-Dichloroethylene ELAP/NELAP EPA 524.2 0.11 0.5 ug/L 1,1-Dichloropropene ELAP/NELAP EPA 524.2 0.113 0.5 ug/L 1,2,3-Trichlorobenzene ELAP/NELAP EPA 524.2 0.07 0.5 ug/L 1,2,3-Trichloropropane (1,2,3-TCP) ELAP/NELAP SRL 524M-TCP 0.000684 0.005 ug/L 1,2,4-Trichlorobenzene ELAP/NELAP EPA 524.2 0.07 0.5 ug/L 1,2,4-Trimethylbenzene ELAP/NELAP EPA 524.2 0.112 0.5 ug/L 1,2-Dichloroethane ELAP/NELAP EPA 524.2 0.119 0.5 ug/L
1,2-Dichloropropane ELAP/NELAP EPA 524.2 0.071 0.5 ug/L 1,3,5-Trimethylbenzene ELAP/NELAP EPA 524.2 0.066 0.5 ug/L 1,3-Dichloropropane (Total) ELAP/NELAP EPA 524.2 0.101 0.5 ug/L 2,2-Dichloropropane ELAP/NELAP EPA 524.2 0.154 0.5 ug/L Benzene ELAP/NELAP EPA 524.2 0.117 0.5 ug/L
Bromobenzene ELAP/NELAP EPA 524.2 0.086 0.5 ug/L
Bromochloromethane ELAP/NELAP EPA 524.2 0.177 0.5 ug/L
Bromomethane (Methyl Bromide) ELAP/NELAP EPA 524.2 0.118 0.5 ug/L Carbon Tetrachloride ELAP/NELAP EPA 524.2 0.087 0.5 ug/L Chlorobenzene (Monochlorobenzene) ELAP/NELAP EPA 524.2 0.066 0.5 ug/L Chloroethane ELAP/NELAP EPA 524.2 0.078 0.5 ug/L
Chloroform (Trichloromethane) ELAP/NELAP EPA 524.2 0.113 0.5 ug/L Chloromethane (Methyl Chloride) ELAP/NELAP EPA 524.2 0.113 0.5 ug/L cis-1,2-Dichloroethylene ELAP/NELAP EPA 524.2 0.138 0.5 ug/L Dibromomethane ELAP/NELAP EPA 524.2 0.099 0.5 ug/L
Dichloromethane ELAP/NELAP EPA 524.2 0.074 0.5 ug/L
Dichlorodifluoromethane ELAP/NELAP EPA 524.2 0.099 0.5 ug/L Di-isopropyl ether ELAP/NELAP EPA 524.2 0.107 3 ug/L
Ethylbenzene ELAP/NELAP EPA 524.2 0.112 0.5 ug/L
Hexachlorobutadiene ELAP/NELAP EPA 524.2 0.085 0.5 ug/L Isopropylbenzene ELAP/NELAP EPA 524.2 0.084 0.5 ug/L
Xylenes ELAP/NELAP EPA 524.2 0.298 0.5 ug/L
m-Dichlorobenzene (1,3-DCB) ELAP/NELAP EPA 524.2 0.076 0.5 ug/L Methyl tert-butyl ether (MTBE) ELAP/NELAP EPA 524.2 0.074 0.5 ug/L Naphthalene ELAP/NELAP EPA 524.2 0.146 0.5 ug/L
n-Butylbenzene ELAP/NELAP EPA 524.2 0.056 0.5 ug/L
n-Propylbenzene ELAP/NELAP EPA 524.2 0.088 0.5 ug/L
o-Chlorotoluene ELAP/NELAP EPA 524.2 0.057 0.5 ug/L
o-Dichlorobenzene (1,2-DCB) ELAP/NELAP EPA 524.2 0.076 0.5 ug/L p-Chlorotoluene ELAP/NELAP EPA 524.2 0.122 0.5 ug/L
p-Dichlorobenzene (1,4-DCB) ELAP/NELAP EPA 524.2 0.092 0.5 ug/L p-Isopropyltoluene ELAP/NELAP EPA 524.2 0.099 0.5 ug/L
Sec-Butylbenzene ELAP/NELAP EPA 524.2 0.102 0.5 ug/L
Styrene ELAP/NELAP EPA 524.2 0.114 0.5 ug/L
Tert-amyl Methyl Ether (TAME) ELAP/NELAP EPA 524.2 0.112 3 ug/L 20 20

Tert-Butyl Ethyl Ether (TBEE) ELAP/NELAP EPA 524.2 0.171 3 ug/L Tert-Butylbenzene ELAP/NELAP EPA 524.2 0.094 0.5 ug/L Tetrachloroethylene (PCE) ELAP/NELAP EPA 524.2 0.276 0.5 ug/L Toluene ELAP/NELAP EPA 524.2 0.057 0.5 ug/L Trans-1,2-Dichloroethylene ELAP/NELAP EPA 524.2 0.105 0.5 ug/L Trans-1,3-Dichloropropene ELAP/NELAP EPA 524.2 0.135 0.5 ug/L Trichloroethylene (TCE) ELAP/NELAP EPA 524.2 0.097 0.5 ug/L Trichlorofluoromethane (Freon11) ELAP/NELAP EPA 524.2 0.183 0.5 ug/L Trichlorotrifluoroethane (Freon 113) ELAP/NELAP EPA 524.2 0.14 0.5 ug/L Vinyl chloride (VC) ELAP/NELAP EPA 524.2 0.077 0.3 ug/L SOC
1,2-Dibromoethane (EDB) ELAP/NELAP EPA 504.1 0.005 0.01 ug/L 1,2-Dibromo-3-chloropropane (DBCP) ELAP/NELAP EPA 504.1 0.002 0.01 ug/L Alachlor ELAP/NELAP EPA 505 0.041 0.1 ug/L Chlordane ELAP/NELAP EPA 505 0.032 0.1 ug/L Atrazine ELAP/NELAP EPA 525.2 0.048 0.05 ug/L Benzo(a)pyrene ELAP/NELAP EPA 525.2 0.011 0.02 ug/L Bromacil ELAP/NELAP EPA 525.2 0.029 0.1 ug/L Di-(2-Ethylhexyl)adipate ELAP/NELAP EPA 525.2 0.063 0.6 ug/L Di(2-Ethylhexyl)phthalate ELAP/NELAP EPA 525.2 0.149 0.6 ug/L Dimethoate ELAP/NELAP EPA 525.2 0.033 0.1 ug/L Endrin ELAP/NELAP EPA 505 0.005 0.01 ug/L Heptachlor ELAP/NELAP EPA 505 0.003 0.01 ug/L Heptachlor Epoxide ELAP/NELAP EPA 505 0.005 0.01 ug/L
Hexachlorobenzene ELAP/NELAP EPA 525.2 0.041 0.05 ug/L Hexachlorocyclopentadiene ELAP/NELAP EPA 525.2 0.038 0.05 ug/L Lindane ELAP/NELAP EPA 505 0.007 0.01 ug/L Methoxychlor ELAP/NELAP EPA 505 0.022 0.05 ug/L Molinate ELAP/NELAP EPA 525.2 0.015 0.1 ug/L Pentachlorophenol ELAP/NELAP EPA 515.4 0.02 0.04 ug/L Prometryn ELAP/NELAP EPA 525.2 0.035 0.1 ug/L Simazine ELAP/NELAP EPA 525.2 0.028 0.05 ug/L Thiobencarb ELAP/NELAP EPA 525.2 0.017 0.2 ug/L Chlordane ELAP/NELAP EPA 505 0.032 0.1 ug/L
Methoxychlor ELAP/NELAP EPA 505 0.022 0.05 ug/L
Polychlorinated Biphenyls, total, as DCB ELAP/NELAP EPA 505 0.022 0.1 ug/L Toxaphene ELAP/NELAP EPA 505 0.083 0.5 ug/L
2,4,5-TP (Silvex) ELAP/NELAP EPA 515.4 0.058 0.2 ug/L
2,4-D ELAP/NELAP EPA 515.4 0.062 0.1 ug/L
Bentazon ELAP/NELAP EPA 515.4 0.239 0.5 ug/L
Dalapon (qualitative) ELAP/NELAP EPA 515.4 0.327 1 ug/L Dinoseb ELAP/NELAP EPA 515.4 0.07 0.2 ug/L
Picloram ELAP/NELAP EPA 515.4 0.051 0.1 ug/L
Aldicarb ELAP/NELAP EPA 531.2 0.16 0.5 ug/L
Aldicarb sulfone ELAP/NELAP EPA 531.2 0.172 0.5 ug/L
Aldicarb sulfoxide ELAP/NELAP EPA 531.2 0.142 0.5 ug/L
Carbofuran (Furadan) ELAP/NELAP EPA 531.2 0.104 0.5 ug/L Oxamyl (Vydate) ELAP/NELAP EPA 531.2 0.173 0.5 ug/L
Glyphosate ELAP/NELAP EPA 547 1.6 6 ug/L
Endothall ELAP/NELAP EPA 548.1 2.653 5 ug/L
Diquat ELAP/NELAP EPA 549.2 0.344 0.4 ug/L
Other
TBA
ELAP/NELAP EPA 524.2 SIM 0.877 2 ug/L
Dioxin - 2,3,7,8 TCDD ELAP/NELAP EPA 1613B 31 137 pg/L 21 21

Flavor Profile Analysis NA SM 2170 - - -
Giardia/Cryptosporidium ELAP/NELAP EPA 1613B - - cysts/L Chlorine Demand NA SM 2350 - 0.1 mg/L
Chlorite ELAP/NELAP EPA 317.0 0.005 - mg/L
Phenols ELAP/NELAP EPA 420.4 0.1268 1 ug/L
TKN ELAP/NELAP EPA 351.2 0.2 0.044 mg/L
Sieve Analysis ELAP ASTM D4464 NA NA NA
Silt Density Index NA ASTM D4189 - - None
Radiochemistry
Radiochemistry – Alpha ELAP/NELAP EPA 900.0 2.68 3 pCi/L Radiochemistry – Beta ELAP/NELAP w/Alpha 2.66 3 pCi/L
Radiochemistry – Total Alpha Radium ELAP/NELAP EPA 903.0 - 1 pCi/L Radiochemistry – Ra 228 ELAP/NELAP Georgia Tech - 1 pCi/L Radiochemistry – Ra 226 ELAP/NELAP Georgia Tech - 1 pCi/L Radiochemistry - Tritium ELAP/NELAP EPA 906.0 - 300 pCi/L Radiochemistry – Strontium 90 ELAP/NELAP EPA 905.0 - 2 pCi/L Radiochemistry – Uranium (ug/L) ELAP/NELAP EPA 200.8 0.049 0.7 pCi/L 22 22

Eurofins Eaton Analytical, LLC - Pomona
941 Corporate Center Drive
Pomona, CA 91768
6/18/2025
6/22/2023
2813

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM

CERTIFICATE OF

ENVIRONMENTAL LABORATORY ACCREDITATION
Is hereby granted to
Scope of the certificate is limited to the
“Fields of Accreditation”
which accompany this Certificate.

Continued accredited status depends on compliance with applicable laws and regulations, proficiency testing studies, and payment of applicable fees.

This Certificate is granted in accordance with provisions of Section 100825, et seq. of the Health and Safety Code.

Certificate No.:

Expiration Date:

Effective Date:

Sacramento, California
subject to forfeiture or revocation
__________________________________________________
Christine Sotelo, Program Manager
Environmental Laboratory Accreditation Program
24 Eurofins Eaton Analytical, LLC - Pomona
Pomona, CA 91768

CALIFORNIA STATE

ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM
Fields of Accreditation
Certificate Number: 2813
Phone: 6263861100
Expiration Date: 6/18/2025941 Corporate Center Drive
101 - Microbiology of Drinking WaterField of Accreditation:

Heterotrophic Bacteria SM 9215 B101.010 001
Total Coliform P/A SM 9221 B101.020 001
Fecal Coliform P/A SM 9221 B,E101.020 002
E. coli P/A SM 9221 B,F101.020 003
Total Coliform (Enumeration) SM 9221 B,C101.020 004
Fecal Coliform (Enumeration) SM 9221 B,E101.020 005
E. coli (Enumeration) SM 9221 B,F101.020 006
Total Coliform P/A SM 9223 B Colilert101.050 001
E. coli P/A SM 9223 B Colilert101.050 002
Total Coliform (Enumeration) SM 9223 B Colilert101.050 003 E. coli (Enumeration) SM 9223 B Colilert101.050 004
Total Coliform P/A SM 9223 B Colilert 18101.050 005
E. coli P/A SM 9223 B Colilert 18101.050 006
Total Coliform (Enumeration) SM 9223 B Colilert 18101.050 007 E. coli (Enumeration) SM 9223 B Colilert 18101.050 008
Total Coliform P/A SM 9223 B Colisure101.050 009
E. coli P/A SM 9223 B Colisure101.050 010
Enterococci SM 9230 B101.140 001
Enterococci Enterolert101.170 001
102 - Inorganic Chemistry of Drinking WaterField of Accreditation:

Turbidity EPA 180.1102.020 001
Calcium EPA 200.7102.026 001
Magnesium EPA 200.7102.026 002
Potassium EPA 200.7102.026 003
Silica EPA 200.7102.026 004
Sodium EPA 200.7102.026 005
Hardness (Calculation) EPA 200.7102.026 006
Bromide EPA 300.0102.030 001
Chlorate EPA 300.0102.030 002
Chloride EPA 300.0102.030 003
Chlorite EPA 300.0102.030 004
Nitrate (as N) EPA 300.0102.030 006
Nitrite (as N) EPA 300.0102.030 007
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 1 of 9 25 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
Sulfate (as SO4) EPA 300.0102.030 009
Bromide EPA 300.1102.040 001
Chlorate EPA 300.1102.040 003
Bromate EPA 300.1102.040 004
Nitrite (as N) EPA 300.1102.040 008
Bromate EPA 317.0102.044 001
Perchlorate EPA 314.0102.045 001
Perchlorate EPA 331.0102.047 001
Cyanide, Total EPA 335.4102.050 001
Alkalinity SM 2320 B-1997102.100 001
Hardness (Calculation) SM 2340 B-1997102.120 001
Specific Conductance SM 2510 B-1997102.130 001
Residue, Filterable TDS SM 2540 C-1997102.140 001
Chlorine, Free SM 4500-Cl G-2000102.175 001
Chlorine, Total Residual SM 4500-Cl G-2000102.175 002
Chlorine Dioxide SM 4500-ClO2 D-2000102.180 001
Cyanide, Total SM 4500-CN F-1999102.191 001
Cyanide, Amenable SM 4500-CN G-1999102.192 001
Fluoride SM 4500-F C-1997102.200 001
Hydrogen Ion (pH) SM 4500-H+ B-2000102.203 001
Phosphate,Ortho (as P) SM 4500-P E-1999102.240 001
Silica SM 4500-SiO2 C-1997102.242 001
Organic Carbon-Total (TOC) SM 5310 C-2000102.262 001
Dissolved Organic Carbon (DOC) SM 5310 C-2000102.263 001 Surfactants SM 5540 C-2000102.270 001
UV254 SM 5910 B-2011102.280 001
103 - Toxic Chemical Elements of Drinking WaterField of Accreditation:

Aluminum EPA 200.7103.130 001
Barium EPA 200.7103.130 003
Beryllium EPA 200.7103.130 004
Chromium EPA 200.7103.130 007
Copper EPA 200.7103.130 008
Iron EPA 200.7103.130 009
Manganese EPA 200.7103.130 011
Nickel EPA 200.7103.130 012
Zinc EPA 200.7103.130 017
Boron EPA 200.7103.130 018
Aluminum EPA 200.8103.140 001
Antimony EPA 200.8103.140 002
Arsenic EPA 200.8103.140 003
Barium EPA 200.8103.140 004
Beryllium EPA 200.8103.140 005
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 2 of 9 26 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
Cadmium EPA 200.8103.140 006
Chromium EPA 200.8103.140 007
Copper EPA 200.8103.140 008
Lead EPA 200.8103.140 009
Manganese EPA 200.8103.140 010
Mercury EPA 200.8103.140 011
Nickel EPA 200.8103.140 012
Selenium EPA 200.8103.140 013
Silver EPA 200.8103.140 014
Thallium EPA 200.8103.140 015
Zinc EPA 200.8103.140 016
Vanadium EPA 200.8103.140 018
Chromium VI (Hexavalent Chromium) EPA 218.6103.310 001 Chromium VI (Hexavalent Chromium) EPA 218.7103.311 001 104 - Volatile Organic Chemistry of Drinking WaterField of Accreditation:
1,2-Dibromoethane (EDB) EPA 504.1104.030 001
1,2-Dibromo-3-chloropropane (DBCP) EPA 504.1104.030 002 1,2,3-Trichloropropane (TCP) SRL 524M-TCP104.035 001
1,1,1,2-Tetrachloroethane EPA 524.2104.200 001
1,1,1-Trichloroethane EPA 524.2104.200 002
1,1,2,2-Tetrachloroethane EPA 524.2104.200 003
1,1,2-Trichloroethane EPA 524.2104.200 004
1,1-Dichloroethane EPA 524.2104.200 005
1,1-Dichloroethylene (1,1-Dichloroethene) EPA 524.2104.200 006 1,2,3-Trichlorobenzene EPA 524.2104.200 007
1,2,4-Trichlorobenzene EPA 524.2104.200 008
1,2,4-Trimethylbenzene EPA 524.2104.200 009
1,2-Dichlorobenzene EPA 524.2104.200 010
1,2-Dichloroethane (Ethylene Dichloride) EPA 524.2104.200 011 1,2-Dichloropropane EPA 524.2104.200 012
1,3,5-Trimethylbenzene EPA 524.2104.200 013
1,3-Dichlorobenzene EPA 524.2104.200 014
1,4-Dichlorobenzene EPA 524.2104.200 015
2-Chlorotoluene EPA 524.2104.200 016
4-Chlorotoluene EPA 524.2104.200 017
Benzene EPA 524.2104.200 018
Carbon Disulfide EPA 524.2104.200 019
Carbon Tetrachloride EPA 524.2104.200 020
Chlorobenzene EPA 524.2104.200 021
cis-1,2-Dichloroethylene (cis 1,2 Dichloroethene) EPA 524.2104.200 022 cis-1,3-Dichloropropylene (cis 1,3 Dichloropropene) EPA 524.2104.200 023 Dichlorodifluoromethane EPA 524.2104.200 024
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 3 of 9 27 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
Dichloromethane (Methylene Chloride) EPA 524.2104.200 025 Ethyl tert-butyl Ether (ETBE) EPA 524.2104.200 027
Ethylbenzene EPA 524.2104.200 028
Isopropylbenzene EPA 524.2104.200 029
Methyl isobutyl ketone (MIBK, 4-Methyl-2-pentanone) EPA 524.2104.200 030 Methyl tert-butyl Ether (MTBE) EPA 524.2104.200 031
Naphthalene EPA 524.2104.200 032
n-Butylbenzene EPA 524.2104.200 033
N-propylbenzene EPA 524.2104.200 034
sec-Butylbenzene EPA 524.2104.200 035
Styrene EPA 524.2104.200 036
t-Butyl alcohol (2-Methyl-2-propanol) EPA 524.2104.200 037 tert-Amyl Methyl Ether (TAME) EPA 524.2104.200 038
tert-Butylbenzene EPA 524.2104.200 039
Tetrachloroethylene (Tetrachloroethene) EPA 524.2104.200 040 Toluene EPA 524.2104.200 041
trans-1,2-Dichloroethylene (trans- 1,2 Dichloroethene) EPA 524.2104.200 042 trans-1,3-Dichloropropylene (trans-1,3 Dichloropropen EPA 524.2104.200 043 Trichloroethylene (Trichloroethene) EPA 524.2104.200 044 Trichlorofluoromethane EPA 524.2104.200 045
Trichlorotrifluoroethane EPA 524.2104.200 046
Vinyl Chloride EPA 524.2104.200 047
m+p-Xylene EPA 524.2104.200 102
o-Xylene EPA 524.2104.200 103
Bromodichloromethane EPA 524.2104.200 201
Bromoform EPA 524.2104.200 202
Chloroform EPA 524.2104.200 203
Dibromochloromethane (Chlorodibromomethane) EPA 524.2104.200 204 105 - Semi-volatile Organic Chemistry of Drinking WaterField of Accreditation:

Alachlor EPA 505105.010 002
Chlordane EPA 505105.010 004
Endrin EPA 505105.010 006
Heptachlor EPA 505105.010 007
Heptachlor Epoxide EPA 505105.010 008
Lindane (HCH-gamma) EPA 505105.010 011
Methoxychlor EPA 505105.010 012
Toxaphene EPA 505105.010 014
PCBs as Aroclors (screen) EPA 505105.010 015
2,4-D EPA 515.4105.083 001
Dinoseb EPA 515.4105.083 002
Pentachlorophenol EPA 515.4105.083 003
Picloram EPA 515.4105.083 004
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 4 of 9 28 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
2,4,5-TP (Silvex) EPA 515.4105.083 005
Dalapon EPA 515.4105.083 006
Bentazon EPA 515.4105.083 007
Dicamba EPA 515.4105.083 008
1,4-Dioxane EPA 522105.085 001
Alachlor EPA 525.2105.090 001
Aldrin EPA 525.2105.090 002
Atrazine EPA 525.2105.090 003
Benzo(a)pyrene EPA 525.2105.090 004
Butachlor EPA 525.2105.090 005
Chlordane EPA 525.2105.090 006
Dieldrin EPA 525.2105.090 007
Di(2-ethylhexyl) Adipate EPA 525.2105.090 008
Di(2-ethylhexyl) Phthalate EPA 525.2105.090 009
Endrin EPA 525.2105.090 013
Heptachlor EPA 525.2105.090 014
Heptachlor Epoxide EPA 525.2105.090 015
Hexachlorobenzene EPA 525.2105.090 016
Hexachlorocyclopentadiene EPA 525.2105.090 017
Lindane (HCH-gamma) EPA 525.2105.090 018
Methoxychlor EPA 525.2105.090 019
Molinate EPA 525.2105.090 022
Simazine EPA 525.2105.090 025
Thiobencarb EPA 525.2105.090 028
Carbofuran (Furadan) EPA 531.2105.101 001
Oxamyl EPA 531.2105.101 002
Aldicarb (Temik) EPA 531.2105.101 003
Aldicarb Sulfone EPA 531.2105.101 004
Aldicarb Sulfoxide EPA 531.2105.101 005
Carbaryl (Sevin) EPA 531.2105.101 006
3-Hydroxycarbofuran EPA 531.2105.101 007
Methomyl (Lannate) EPA 531.2105.101 008
11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid EPA 533105.103 001 9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid EPA 533105.103 002 4,8-Dioxa-3H-perfluorononanoic acid (ADONA) EPA 533105.103 003 Hexafluoropropylene Oxide Dimer Acid (HFPO-DA) EPA 533105.103 004 Nonafluoro-3,6-dioxaheptanoic acid (NFDHA) EPA 533105.103 005 Perfluorobutanoic Acid (PFBA) EPA 533105.103 006
Perfluorobutane Sulfonic Acid (PFBS) EPA 533105.103 007 1H,1H, 2H, 2H-Perfluorodecane sulfonic acid (8:2FTS EPA 533105.103 008 Perfluorodecanoic Acid (PFDA) EPA 533105.103 009
Perfluorododecanoic Acid (PFDoA) EPA 533105.103 010
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 5 of 9 29 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
Perfluoro(2-ethoxyethane) sulfonic acid (PFEESA) EPA 533105.103 011 Perfluoroheptane Sulfonic Acid (PFHpS) EPA 533105.103 012 Perfluoroheptanoic Acid (PFHpA) EPA 533105.103 013
1H,1H, 2H, 2H-Perfluorohexane sulfonic acid (4:2FTS EPA 533105.103 014 Perfluorohexane Sulfonic Acid (PFHxS) EPA 533105.103 015 Perfluorohexanoic Acid (PFHxA) EPA 533105.103 016
Perfluoro-3-methoxypropanoic acid (PFMPA) EPA 533105.103 017 Perfluoro-4-methoxybutanoic acid (PFMBA) EPA 533105.103 018 Perfluorononanoic Acid (PFNA) EPA 533105.103 019
1H,1H, 2H, 2H-Perfluorooctane sulfonic acid (6:2FTS) EPA 533105.103 020 Perfluorooctane Sulfonic Acid (PFOS) EPA 533105.103 021 Perfluorooctanoic Acid (PFOA) EPA 533105.103 022
Perfluoropentanoic Acid (PFPeA) EPA 533105.103 023
Perfluoropentane Sulfonic Acid (PFPeS) EPA 533105.103 024 Perfluoroundecanoic Acid (PFUnDA) EPA 533105.103 025
11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid EPA 537.1105.106 001 9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid EPA 537.1105.106 002 4,8-Dioxa-3H-perfluorononanoic acid (ADONA) EPA 537.1105.106 003 Hexafluoropropylene Oxide Dimer Acid (HFPO-DA) EPA 537.1105.106 004 N-Ethylperfluorooctane Sulfonamido Acetic Acid (NEt EPA 537.1105.106 005 N-Methylperfluorooctane Sulfonamido Acetic Acid (N EPA 537.1105.106 006 Perfluorobutane Sulfonic Acid (PFBS) EPA 537.1105.106 007 Perfluorodecanoic Acid (PFDA) EPA 537.1105.106 008
Perfluorododecanoic Acid (PFDoA) EPA 537.1105.106 009
Perfluoroheptanoic Acid (PFHpA) EPA 537.1105.106 010
Perfluorohexane Sulfonic Acid (PFHxS) EPA 537.1105.106 011 Perfluorohexanoic Acid (PFHxA) EPA 537.1105.106 012
Perfluorononanoic Acid (PFNA) EPA 537.1105.106 013
Perfluorooctanoic Acid (PFOA) EPA 537.1105.106 014
Perfluorooctane Sulfonic Acid (PFOS) EPA 537.1105.106 015 Perfluorotetradecanoic Acid (PFTeDA) EPA 537.1105.106 016 Perfluorotridecanoic Acid (PFTrDA) EPA 537.1105.106 017 Perfluoroundecanoic Acid (PFUnDA) EPA 537.1105.106 018
Anatoxin-A EPA 545105.108 001
Cylindrospermopsin EPA 545105.108 002
Total microcystins EPA 546105.109 001
Glyphosate EPA 547105.120 001
Endothall EPA 548.1105.140 001
Diquat EPA 549.2105.150 001
Bromodichloromethane EPA 551.1105.175 001
Bromoform EPA 551.1105.175 002
Chloroform EPA 551.1105.175 003
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 6 of 9 30 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
Dibromochloromethane (Chlorodibromomethane) EPA 551.1105.175 004 Bromoacetic Acid SM 6251 B105.190 001
Chloroacetic Acid SM 6251 B105.190 003
Dibromoacetic Acid SM 6251 B105.190 005
Dichloroacetic Acid SM 6251 B105.190 006
Trichloroacetic Acid SM 6251 B105.190 007
2,4,6-Trichlorophenol SM 6251 B105.190 011
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) Screenin EPA 1613 B105.230 002 106 - Radionuclides in Drinking WaterField of Accreditation:

Uranium EPA 200.8106.092 001
107 - Microbiological Methods for Non-Potable Water and Sewage SludgeField of Accreditation:

Total Coliform (Enumeration) SM 9221 B,C-2006107.001 001 Fecal Coliform (Enumeration) SM 9221 C,E-2006107.001 002 E. coli (Enumeration) SM 9221 C,F-2006107.001 003
Enterococci SM 9230 B-2007107.007 001
Fecal Streptococci SM 9230 B-2007107.007 002
E. coli (Enumeration) SM 9223 B-2004 Colilert107.013 001 E. coli (Enumeration) SM 9223 B-2004 Colilert 18107.015 001 Enterococci Enterolert107.017 001
108 - Inorganic Constituents in Non-Potable WaterField of Accreditation:

Residue, Volatile EPA 160.4108.007 001
Turbidity EPA 180.1108.009 001
Calcium EPA 200.7108.013 001
Magnesium EPA 200.7108.013 002
Potassium EPA 200.7108.013 004
Silica, Dissolved EPA 200.7108.013 005
Sodium EPA 200.7108.013 006
Bromide EPA 300.0108.017 001
Chloride EPA 300.0108.017 002
Nitrate (as N) EPA 300.0108.017 004
Nitrate-Nitrite (as N) EPA 300.0108.017 005
Nitrite (as N) EPA 300.0108.017 006
Sulfate (as SO4) EPA 300.0108.017 008
Cyanide, Total EPA 335.4108.023 001
Ammonia (as N) EPA 350.1108.025 001
Kjeldahl Nitrogen,Total (as N) EPA 351.2108.029 001
Phosphorus,Total EPA 365.1108.035 002
Chemical Oxygen Demand EPA 410.4108.045 001
Phenols, Total EPA 420.4108.049 001
Color SM 2120 B-2011108.055 001
Alkalinity SM 2320 B-2011108.063 001
Hardness (Calculation) SM 2340 B-2011108.065 001
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 7 of 9 31 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
Specific Conductance SM 2510 B-2011108.069 001
Residue, Total SM 2540 B-2011108.071 001
Residue, Filterable TDS SM 2540 C-2011108.073 001
Residue, Non-filterable TSS SM 2540 D-2011108.075 001
Residue, Volatile SM 2540 E-2011108.077 001
Residue, Settleable SM 2540 F-2011108.079 001
Chlorine, Total Residual SM 4500-Cl G-2011108.114 001
Chlorine, Free SM 4500-Cl G-2011108.114 002
Cyanide, Available SM 4500-CN G-2011108.129 001
Hydrogen Ion (pH) SM 4500-H+ B-2011108.137 001
Phosphate,Ortho (as P) SM 4500-P E-2011108.175 001
Silica, Dissolved SM 4500-SiO2 C-2011108.184 001
Sulfide (as S) SM 4500-S D-2011108.201 001
Biochemical Oxygen Demand SM 5210 B-2011108.207 001
Carbonaceous BOD SM 5210 B-2011108.207 002
Chemical Oxygen Demand SM 5220 D-2011108.213 001
Organic Carbon-Total (TOC) SM 5310 C-2011108.217 001
Surfactants SM 5540 C-2011108.225 001
109 - Metals and Trace Elements in Non-Potable WaterField of Accreditation:

Aluminum EPA 200.7109.623 001
Antimony EPA 200.7109.623 002
Barium EPA 200.7109.623 004
Beryllium EPA 200.7109.623 005
Boron EPA 200.7109.623 006
Chromium EPA 200.7109.623 008
Cobalt EPA 200.7109.623 009
Copper EPA 200.7109.623 010
Iron EPA 200.7109.623 011
Lead EPA 200.7109.623 012
Manganese EPA 200.7109.623 013
Molybdenum EPA 200.7109.623 014
Nickel EPA 200.7109.623 015
Thallium EPA 200.7109.623 018
Tin EPA 200.7109.623 019
Titanium EPA 200.7109.623 020
Zinc EPA 200.7109.623 022
Aluminum EPA 200.8109.625 001
Antimony EPA 200.8109.625 002
Arsenic EPA 200.8109.625 003
Barium EPA 200.8109.625 004
Beryllium EPA 200.8109.625 005
Cadmium EPA 200.8109.625 007
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 8 of 9 32 Certificate Number: 2813
Expiration Date: 6/18/2025
Eurofins Eaton Analytical, LLC - Pomona
Chromium EPA 200.8109.625 008
Cobalt EPA 200.8109.625 009
Copper EPA 200.8109.625 010
Lead EPA 200.8109.625 013
Manganese EPA 200.8109.625 014
Molybdenum EPA 200.8109.625 015
Nickel EPA 200.8109.625 016
Selenium EPA 200.8109.625 017
Silver EPA 200.8109.625 018
Thallium EPA 200.8109.625 019
Tin EPA 200.8109.625 020
Titanium EPA 200.8109.625 021
Vanadium EPA 200.8109.625 022
Zinc EPA 200.8109.625 023
Chromium VI (Hexavalent Chromium) EPA 218.6109.629 001 126 - Microbiological Methods for Ambient WaterField of Accreditation:

Total Coliform (Enumeration) SM 9221 B,C-2006126.003 001 Fecal Coliform (Enumeration) SM 9221 C,E-2006126.003 002 E. coli (Enumeration) SM 9221 C,F-2006126.003 003
Fecal Streptococci SM 9230 B-2007126.009 001
E. coli (Enumeration) SM 9223 B-2004 Colilert126.015 001 E. coli (Enumeration) SM 9223 B-2004 Colilert 18126.017 001 Enterococci Enterolert126.019 001
As of 6/22/2023 , this list supersedes all previous lists for this certificate number.

Customers: Please verify the current accreditation standing with the State. Page 9 of 9 33 34

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This material is intended only for the use of the individual(s) or entity to whom it is addressed and may contain information that is privileged and confidential. It is our policy that facsimiles are intended for and should be used for business purposes only. If you are not the intended recipient, or the employee or agent responsible for delivering this material to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you for your professional consideration and cooperation.

Eurofins Eaton Analytical, LLC (“EEA”) Contracts Department has reviewed the City of Camarillo’s Notice Inviting Bids Specification No. AT-2024-4 for Water Testing and Analysis and has the following comments and proposed changes.

BID CONDITIONS

4. COST AND PERIOD COVERED
EEA requests the following modification to this be added to this section:

A. The agreement established through this solicitation will be valid for three one (13) years commencing on the effective date. Bid prices shall remain firm during the agreement.

Price will be adjusted yearly per positive CPI for All Items per the U.S. Bureau of Labor Statistics.

AGREEMENT FOR WATER TESTING AND ANALYSIS

1. Scope and Performance of Work:

EEA requests that the following language be added to this section:

City may request changes to the Work, consisting of additions, deletions, or other revisions, and the compensation to be paid Contractor will be adjusted accordingly. All such changes must be authorized in writing and executed by Contractor and City. The cost or credit to City resulting from changes in the Work will be determined by the written agreement between the Parties. Contractor's acceptance of such changes is contingent upon technical feasibility and operational capacity.

2. Term and Termination of Agreement:

EEA requests the following modification to this section:

The initial term (“Term”) of this Agreement will be until June 30, 2027, from the Effective Date unless terminated sooner by City as provided in this section or otherwise extended by the mutual written agreement of the Parties. City Either party may terminate this Agreement, with or without cause, at any time by written notice of termination to the non-terminating party Contractor. In the event such notice is given, Contractor must cease immediately all Work in progress, and will be paid in full for all work completed, including all costs incurred and reasonable profit margin, even if Contractor does not issue a final or partial report.

12. INDEMNIFICATION:
15 This material is intended only for the use of the individual(s) or entity to whom it is addressed and may contain information that is privileged and confidential. It is our policy that facsimiles are intended for and should be used for business purposes only. If you are not the intended recipient, or the employee or agent responsible for delivering this material to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this facsimile is strictly prohibited. If you have received this communication in error, please notify the sender. Thank you for your professional consideration and cooperation.

Notwithstanding any other provisions herein to the contrary, EEA shall not be obligated to indemnify the City for liabilities to the extent caused by the City’s negligent acts or omissions. Therefore, we propose that the following language be added to the end of this section:

Notwithstanding any other provisions herein to the contrary, Contractor shall not be obligated to indemnify the City for liabilities to the extent caused by the negligent acts or omissions of the City, its officers, agents, volunteers, or employees. [PROPOSED SECTION]
29 – LIMITATION OF LIABILITY
EEA cannot accept the potential for unlimited damages in any project as we cannot incorporate the risk of such unforeseeable damages into our prices. Therefore, EEA proposes the following language be added to this section.

Notwithstanding anything to the contrary stated elsewhere in this Agreement, Contractor’s maximum liability under this Agreement or any other attachments hereto whether based in contract, tort, warranty, negligence or otherwise shall not exceed amounts recoverable under the scope and limits of the insurance required under this Agreement, up to a maximum of $250,000, except for Contractor’s gross negligence or willful misconduct.

Where there is negligence of the City, Contractor’s duty of indemnification and defense cost shall be in proportion to its allocable share of such joint negligence or misconduct. In no event shall Contractor be liable to the City for any special, indirect, or consequential damages occasioned by the services performed or by application or use of the reports prepared under this Agreement.
16 Specification No. AT-2024-4
LA #4817-5401-4326 v1 - 1 - CC Agreement No.

Form approved by City Attorney 10/4/2018
SPECIFICATION NO. AT-2024-4

AGREEMENT FOR WATER TESTING AND ANALYSIS
This Agreement (“Agreement”), effective as of July 1, 2024, (“Effective Date”), is between (“Contractor”), and the City of Camarillo, a California municipal corporation and general law city (“City”), collectively referred to as the “Parties.” City and Contractor agree as follows:

1. Scope and Performance of Work:

Contractor represents and warrants that it has the qualifications, experience, equipment and facilities necessary to properly perform the work (“Work”) described in the attached Exhibit A (Scope of Work).

Contractor agrees to perform the Work in a thorough, competent and professional manner consistent with generally accepted standards and practices utilized by persons engaged in providing work similar to those required of Contractor under this Agreement. Contractor will furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, and all other means whatsoever, except as otherwise expressly specified in this Agreement, necessary or proper to perform and complete the Work required of Contractor under this Agreement.

Contractor must obtain City’s prior written approval before utilizing any subcontractors to perform any Work under this Agreement. This written approval must include the identity of the subcontractor and the terms of compensation and noted on the attached List of Subcontractors.

Contractor will not be compensated for any Work rendered in connection with this Agreement that is in addition to or outside of the Work set forth in Exhibit A, unless such additional Work is authorized in advance and in writing by City.

City may request changes to the Work, consisting of additions, deletions, or other revisions, and the compensation to be paid Contractor will be adjusted accordingly. All such changes must be authorized in writing, and executed by Contractor and City. The cost or credit to City resulting from changes in the Work will be determined by the written agreement between the Parties.

In performing the Work under this Agreement, Contractor is an independent contractor and has control over the manner in which the Work is performed provided that it is consistent with this Agreement. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.

2. Term and Termination of Agreement:

The initial term (“Term”) of this Agreement will be until June 30, 2027, from the Effective Date unless terminated sooner by City as provided in this section or otherwise extended by the mutual written agreement of the Parties. City may terminate this Agreement, with or without cause, at any time by written notice of termination to Contractor. In the event such notice is given, Contractor must cease immediately all Work in progress.

Specification No. AT-2024-4
LA #4817-5401-4326 v1 - 2 - CC Agreement No.

Form approved by City Attorney 10/4/2018

3. Payment for Work:

City’s payments to Contractor for the Work during the Term may not exceed the sum of $ .

Contractor must furnish City with an invoice for all Work performed not more than once per month for the prior month’s Work. Except as to any charges for Work performed or expenses incurred by Contractor that are disputed by City, City will cause Contractor to be paid within 30 days of receipt of Contractor’s invoice.

Any payment to Contractor for Work performed under this Agreement will not be deemed to waive any defects in the Work performed by Contractor.

4. General Legal Compliance:

In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Camarillo Municipal Code.

Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City.

Contractor must maintain a valid California Contractor’s License throughout the term of this Contract.

5. Indemnification:

Contractor agrees to indemnify, defend, protect and hold harmless City from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), which City may suffer or incur or to which City may become subject by reason of or arising out the negligent or willfully wrongful acts or omissions of Contractor, its officers, employees, or agents committed in performing any Work under this Agreement. For the purposes of this section, “City” includes City’s officers, officials, employees, agents and volunteers. The provisions of this section do not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions. The provisions of this section will survive the expiration or earlier termination of this Agreement.

6. Insurance:

Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit B (“Insurance”), which is made part of this Agreement.

7. General Provisions:

There are no understandings or agreements between Contractor and City other than those set forth in this Agreement. This Agreement may not be modified or amended except by written agreement of the Parties. Contractor may not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of City. This Agreement is binding upon the successors and permitted assigns of the Parties. This Agreement will be interpreted, construed, and governed according to the laws of the State of California. In the event of litigation between

Specification No. AT-2024-4
LA #4817-5401-4326 v1 - 3 - CC Agreement No.

Form approved by City Attorney 10/4/2018
the Parties, venue in state trial courts will be in the County of Ventura and venue in federal court will be in the Central District of California, in Los Angeles.

The Parties have caused this Agreement to be executed by their undersigned authorized agents as follows:

CITY OF CAMARILLO

Greg Ramirez, City Manager
ATTEST:

Kristy Buxkemper, City Clerk

CONTRACTOR
(If not an individual, two signatures are required)

Name and Title

Camarillo Business Tax Certificate Number Expiration Date

LA #4817-5401-4326 v1 A-1 CC Agreement No.

EXHIBIT A

SCOPE OF WORK
Bid Conditions
Bid Proposal
[Attached]

LA #4817-5401-4326 v1 A-1 CC Agreement No.

EXHIBIT A

KEY PERSONNEL & COMPENSATION

1. Contractor’s designated representative who is authorized to act on its behalf and to make all decisions in connection with the performance of the Work under this _______________ (Manager).

2. Total compensation under this Contract for Fiscal Year (FY) 2024/25 (Year 1) is $______, FY 2025/26 (Year 2) $________ and FY 2026/27 (Year 3) $_______ for a total amount not-to-exceed $_______________.

PROPOSAL BID SCHEDULE

(Attached)

LA #4817-5401-4326 v1 B-1 CC Agreement No.

EXHIBIT B

INSURANCE

1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Agreement the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single)
Commercial General Liability $1,000,000 / $2,000,000 Aggregate Business Automobile Liability $1,000,000
Workers’ Compensation Statutory Requirements

2. Commercial General Liability Insurance. This policy must meet or exceed the requirements of Insurance Services Office (ISO) CGL Form No. CG 00 01. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. The insurance must be on an “occurrence” not a “claims-made” basis. Defense costs must be paid in addition to limits. There must be no cross-liability exclusion for claims or suits by one insured against another.

Liability policies must be endorsed to name City, its officials, employees and agents as “additional insureds” under the insurance coverage.

The policy must state that such insurance will be deemed “primary” such that any other insurance that may be carried by City will be deemed “excess” to that of Contractor. This endorsement must be reflected on ISO Form No. CG 20 01, or equivalent form as determined by City.

Coverage must be applicable to City for injury to employees of Contractor, subcontractors, agents or others performing any part of the Work required under this Contract. Each policy must be endorsed to provide a separate limit applicable to this Project.

The Commercial General Liability policy must not contain any endorsements limiting coverage beyond the basic policy coverage for any of the following:

1. Explosion, collapse or underground hazard (XCU);

2. Products and completed operation;

3. Pollution liability; or

4. Contractual liability.

3. Business Auto Coverage. This policy must be on ISO Business Auto Coverage Form CA 00 01 including symbol 1 (Any Auto) and Endorsement CA 0025, or equivalent forms approved in writing by City. If Contractor neither leases nor owns vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of personal auto liability coverage for each such person.

LA #4817-5401-4326 v1 B-2 CC Agreement No.

4. Workers Compensation. Contractor must have a State of California approved policy form providing the statutory benefits required by law with employer’s liability, or Contractor must provide evidence of an approved self-insurance program.

5. Other Insurance; Revisions to Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by City. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor 60 days advance written notice of such change.

If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor’s compensation.

6. Acceptable Insurers. All required insurance policies must be issued by an insurance company currently authorized by the California Insurance Commissioner to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
7, Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop-down provision” providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay-on-behalf” basis, with defense costs payable in addition to policy limits. There may be no cross- liability exclusion precluding coverage for claims or suits by one insured against another.

Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.

8. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the City Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by City’s Attorney. Contractor must maintain current certificates and endorsements on file with City during the term of this Agreement reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days’ prior written notice to City.

9. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Agreement all of the required insurance coverage, City may, in addition to any other available remedies, (a) obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor, (b) make a claim against the Contractor’s surety, or (c) terminate the Contract.

10. Effect of Coverage. The existence of the required insurance coverage under this Agreement will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.

LA #4817-5401-4326 v1 B-3 CC Agreement No.

11. Higher Limits of Insurance. If Contractor maintains higher limits of insurance than the required amounts shown in Section 1 above, then such amounts will be the minimum required under this Agreement.

LA #4817-5401-4326 v1 CC Agreement No.

CERTIFICATE REGARDING WORKERS’ COMPENSATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Name (print or type)

Date Signature

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