November 18, 2025, Item #3
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA REPORT CityofPoway
November 18, 2025
Honorable Mayor and Members of the City ~1'Ccil
Eric Heidemann, Director of Public Works ~
CITY COUNCIL
Troy De Priest, Assistant Director of Public Works for Utilities -(DV (858) 668-4750 or [email protected]
Award of Agreement to Alpha Analytical Laboratories, Inc., for Potable Water Analytical Laboratory Services, RFP No. 26-006
A request for proposals (RFP) for Potable Water Analytical Laboratory Services, RFP No. 26-006, was duly advertised on September 4 and September 11, 2025. Three (3) proposals were received on October 2, 2025. Staff reviewed the proposals submitted and recommend Alpha Analytical Laboratories, Inc., (Alpha Labs) as the consulting firm to provide the Potable Water Analytical Laboratory Services for the City of Poway (City). Staff determined Alpha Labs best meets the evaluation criteria and addresses the needs of the City. The length of this Agreement shall be two (2) years beginning on December 1, 2025, through November 30, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended the City Council award the Agreement for Potable Water Analytical Laboratory Services, RFP No. 26-006, to Alpha Analytical Laboratories, Inc., and authorize the City Manager to execute the necessary documents.
Background
The City operates and maintains a public water system (PWS), which includes a conventional water treatment plant, raw water storage at Lake Poway, and the potable water distribution system comprised of tanks, pipelines, pumps, pressure control valves and various other appurtenances. PWSs in California are regulated by the State Water Resources Control Board's (SWRCB) Division of Drinking Water (DOW) which is responsible for ensuring the safety of drinking water and compliance with state and federal standards.
DOW requires PWSs to conduct ongoing sampling and testing by a state-certified Environmental Laboratory Accreditation Program (ELAP) laboratory to confirm that the water the City supplies is safe, clean, and meets both state and federal regulations. The City collects over 60,000 samples annually 1 of 19
November 18, 2025, Item #3
for
various
analyses
. While
some
operational
water
quality
tests
are
performed
by
City
staff,
the
majority
require
ELAP
certified
training
and
equipment
that
are
more
economically
performed
by
a
private
laboratory.
There
is
a
specialized
market
for
laboratories
that
provide the
services
required
for
this
agreement;
services
such
as
strong
data
management
capabilities,
high-quality
results
and
fast
turnaround
times
for
standard
analyses,
sampling
logistics,
chain-of-custody
assistance,
and
regulatory compliance
guidance.
Discussion: City
staff
prepared
a
detailed
RFP
to
select
and
retain
a
qualified
consultant
for
Potable
Water
Analytical
Laboratory
Services
. The
RFP
was
advertised
on
September
4 and
September
11 , 2025.
The
City
received
three
(3)
proposals
on
October
2,
2025
. An
evaluation
committee
consisting
of
staff
from
the
Department
of
Public
Works
reviewed
the
proposals
based
on
criteria
set
forth
in
the
RFP,
which
included
thoroughness
of
the
proposal,
firm
and
project
team
qualifications,
project
understanding
and
approach,
and
project
experience.
Although
the
proposed
fees
were
reviewed
to
confirm
proposers
understood
the
scope
of
the
project
, the
City
is
not
required
to
select
the
lowest
fee
proposal
for
professional
services
agreements.
While
Alpha
Analytical
Laboratories
proposal
fee
is
higher
in
cost,
its
local
proximity
offers
significant
operational
advantages
, includ
ing
reduced
risk
of
compliance
delays
during
resampling
and
enhanced
responsiveness
during
urgent
or
unscheduled
monitoring
events.
In
addition,
this
proximity
makes
Alpha
Lab's
proposal
relatively
cost-effective
when
considering
the
expected
labor
and
operational
costs
associated
with
transporting
emergency
samples
to
the
more
distant
laboratories.
These
factors
provide
substantial
monetary
and
non-monetary
value
consistent
with
the
City's
priority
for
reliable,
compliant,
and
efficient
water
quality
monitoring
. The
table
below
alphabetically
lists
the
proposed
not-to-exceed
base
fees
from
the
responsive
proposers:
Table
1:
RFP
26-006,
Potable
Water
Analytical
Laboratory
Services
Responsive
Proposers
Proposer
City
Total
Fee
for
Base
Scope
Alpha
Analytical
Laboratories,
Inc.
Vista,
CA
$135,183
Babcock
Laboratories,
Inc.
Riverside,
CA
$107
,200
Eurofins
Eaton
Analytical,
LLC
Pomona,
CA
$111
,040
As
a result
of
the
proposal
evaluation,
the
evaluation
committee
determined
Alpha
Labs
provided
the
most
comprehensive
and
best
-value
proposal
, had
a clear
understanding
of
requirements,
exhibited
unique
knowledge
of
the
City
, and
precisely
defined
the
approach
and
methodology
to
accomplish
the
City's
goals.
Alpha
Labs
is
a
comprehensive
ELAP
certified
lab
equ
ipped
with
advanced
instrumentation,
strong
regulatory
expertise,
high-performance
data
management
systems,
and
specializing
in
the
analysis
of
drinking
water
and
wastewater.
They
come
highly
recommended
and
are
contracted
with
multiple water
agencies
in
the
San
Diego
region.
Additionally,
Alpha
Labs
has
been
serving
as
the
interim
laboratory
for
the
City's
analytical
and
water
quality
testing
needs
since
late
June
2025,
when
the
previous
laboratory
vendor informed
City
staff
it
could
no
longer
provide
services
due
to
a branch
closure.
During
this
time
Alpha
Labs
has
consistently
delivered
accurate
and
timely
results
. Continuing
this
partnership
with
them
ensures
continuity
,
leverages
their
deep
familiarity
with
the
City's
systems
and
standards
, and
allows
for
a
smoother,
more
efficient
transition
with
minimal
disruption
to
ongoing
operations.
Alpha
Labs'
services
,
proximity
and
availability
have
recently
been
instrumental
in
ensuring
the
City
remains
in compliance
2 of
19 November 18, 2025, Item #3
with
all
applicable
regulatory
standards.
Securing
this
agreement
is
critical
to
maintaining
regulatory
compliance
and
protecting
the
City's
drinking
water
.
Environmental
Review:
This
action
is
not
subject
to
review
under
the
California
Environmental
Quality
Act
(CEQA)
.
Fiscal
Impact:
Sufficient
funds
are
budgeted
in
Fiscal
Year
2025-26
Water
Supply,
Treatment
and
Storage
budget
(402060-41200)
for
these
services
. The
Water
Enterprise
Fund
(FS
100)
is
the
funding
source
for
the
Water
Supply,
Treatment
and
Storage
division
budget.
The
City
proactively
plans
for
regulatory
required
services
as
part
of
the
budget
development
process.
Public
Notification:
None. Attachments: A.
Standard
Agreement
Reviewed/Approved
By:
Assistant
City
Manager
3 of
19 Reviewed
By:
Alan
Fenstermacher
City
Attorney
chrisHetine City
Manager
November 18, 2025, Item #3
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
AGREEMENT,
entered
into
this
1st
day
of
December,
2025,
by
and
between
the
CITY
OF
POWAY
(hereinafter
referred
to
as
"CITY")
and
ALPHA
ANALYTICAL
LABORATORIES,
INC.,
(hereinafter
referred
to
as
"CONSULTANT").
RECITALS
WHEREAS,
CITY desires
to
obtain
the
services
of
a
private
consultant
to
perform
Potable
Water
Analytical
Laboratory
Services
(PROJECT);
WHEREAS
, CONSUL
TANT
is
a(n)
state-certified
Environmental
Laboratory
Accreditation
Program
laboratory
and
has
represented
that
CONSUL
TANT
possesses
the
necessary
qualifications
to
provide
such
services;
and
WHEREAS,
CITY
has
authorized
the
preparation
of
an
AGREEMENT
to
retain
the
services
of
CONSUL
TANT
as
hereinafter
set
forth.
NOW,
THEREFORE,
IT
IS
MUTUALLY
AGREED
THAT
CITY
DOES
HEREBY
RETAIN
CONSUL
TANT
ON
THE
FOLLOWING
TERMS
AND
CONDITIONS:
1. Scope
of
Services.
Consultant
shall
provide
services
as
described
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof
.
2. Compensation
and
Reimbursement.
City
shall
compensate
and
reimburse
Consultant
as
provided
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
3. Term
of
Agreement.
The
term
of
this
Agreement
shall
be
as
described
on
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
4. Termination. This
Agreement
may
be
terminated
with
or
without
cause
by
City.
Termination
without
cause shall
be
effective
only
upon
60-day
written
notice
to
Consultant.
During
said
60-day
period
Consultant
shall
perform
all
consulting
services
in
accordance
with
this
Agreement.
This
Agreement
may
be
terminated
by
City
for
cause
in
the
event
of
a
material
breach
of
this
Agreement,
misrepresentation
by
Consultant
in
connection
with
the
formation
of
this
Agreement
or
the
performance
of
services,
or
the
failure
to
perform
services
as
directed
by
City.
Termination
4 of
19 ATTACHMENT
A
November 18, 2025, Item #3
for
cause
shall
be
effected
by
delivery
of
written
notice
of
termination
to
Consultant.
Such
termination
shall
be
effective
upon
delivery
of
said
notice.
5. Confidential
Relationship.
City
may
from
time
to
time
communicate
to
Consultant
certain
information
to
enable
Consultant
to
effectively
perform
the
services.
Consultant
shall
treat
all
such
information
as
confidential
, whether
or
not
so
identified,
and
shall
not
disclose
any
part
thereof
without
the
prior
written
consent
of
the
City
. Consultant
shall
limit
the
use
and
circulation
of
such
information,
even
within
its
own
organization
, to
the
extent
necessary
to
perform
the
services.
The
foregoing
obligation
of
this
Paragraph
5,
however,
shall
not
apply
to
any
part
of
the
information
that
(i)
has
been
disclosed
in
publicly
available
sources
of
information;
(ii)
is,
through
no
fault
of
Consultant,
hereafter
disclosed
in
publicly
available
sources
of
information;
(iii)
is
now
in
the
possession
of
Consultant
without
any
obligation
of
confidentiality;
or
(iv)
has
been
or
is
hereafter
rightfully
disclosed
to
Consultant
by
a
third
party,
but
only
to
the
extent
that
the
use
or
disclosure
thereof
has
been
or
is
rightfully
authorized
by
that
third
party
.
Consultant
shall
not
disclose
any
reports
, recommendations,
conclusions
or
other
results
of
the
services
or
the
existence
of
the
subject
matter
of
this
contract
without
the
prior
written
consent
of
the
City.
In
its
performance
hereunder,
Consultant
shall
comply
with
all
legal
obligations
it may
now
or
hereafter
have
respecting
the
information
or
other
property
of
any
other
person,
firm
or
corporation
.
6. Office
Space
and
Clerical
Support.
Consultant
shall
provide
its
own
office
space
and
clerical
support
at
its
sole
cost
and
expense.
7. Covenant
Against
Contingent
Fees.
Consultant
declares
that
it
has
not
employed
or
retained
any
company
or
person,
other
than
a
bona
fide
employee
working
for
Consultant,
to
solicit
or
secure
this
Agreement,
that
it
has
not
paid
or
agreed
to
pay
any
company
or
person,
other than
a
bona
fide
employee,
any
fee
, commission
, percentage,
brokerage
fee,
gift
or
any
other
consideration
, contingent
upon
or
resulting
from
the
award
or
making
of
the
Agreement.
For
breach
of
violation
of
this
warranty,
City
shall
have
the
right
to
annul
this
Agreement
without
liability,
· or,
at
its
sole
discretion
, to
deduct
from
the
Agreement
price
or
consideration
, or
otherwise
recover
the
full
amount
of
such
fee,
commission,
percentage
, brokerage
fee,
gift
or
contingent
fee
.
8. Ownership
of
Documents.
All
memoranda
,
reports,
plans
,
specifications
,
maps
and
other
documents
prepared
or
obtained
under
the terms
of
this
Agreement
shall
be
the
property
of
City
and
shall
be
delivered
to
City
by
Consultant
upon
demand.
9. Conflict
of
Interest
and
Political
Reform
Act
Obligations
.
During
the
term
of
this
Agreement
Consultant
shall
not
act
as
consultant
or
perform
services
of
any
kind
for
any
person
or
entity
whose
interests'
conflict
in
any
way
with
those
of
the
City
of
Poway.
Consultant
shall
at
all
times
comply
with
the terms
of
the
Political
Reform
Act
and
the
local
conflict
of
interest
code
. Consultant
shall
immediately
disqualify
itself
and
shall
not
use
its
official
position
to
influence
in
any
way
any
matter
coming
before
the
City
in
which
the
Consultant
has
a
financial
interest
as
defined
in
Government
Code
Section
87103.
Consultant
s
of19
November 18, 2025, Item #3
represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
~ 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Eric Heidemann, Director of Public Works
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void.
6 of19
November 18, 2025, Item #3
11. Maintenance
of
Records.
Consultant
shall
maintain
all
books,
documents,
papers,
employee
time
sheets,
accounting
records,
and
other
evidence
pertaining
to
costs incurred
and
shall
make
such
materials
available
at
its
office
at
all
reasonable
times
during
the
contract
period
and
for
three
(3)
years
from
the
date
of
final
payment
under
this
Agreement,
for
inspection
by
City
and
copies
thereof
shall
be
furnished,
if requested.
12. Independent
Contractor.
At
all
times
during
the
term
of
this
Agreement,
Consultant
shall
be
an
independent
contractor
and
shall
not
be
an
employee
of
the
City
of
Poway.
City
shall
have
the
right
to
control
Consultant
only
insofar
as
the
results
of
Consultant's
services
rendered
pursuant
to
this
Agreement;
however,
City
shall
not
have
the
right
to
control
the
means
by
which
Consultant
accomplishes
such
services.
13. Licenses,
Permits,
Etc.
Consultant
represents
and
declares
to
City
that
it
has
all
licenses,
permits,
qualifications,
and
approvals
of
whatever
nature
that
are
legally
required
to
practice
its
profession.
Consultant
represents
and
warrants
to
City
that
Consultant
shall,
at
its
sole
cost
and
expense,
keep
in
effect
at
all
times
during
the
term
of
this
Agreement,
any
license,
permit,
or
approval
which
is
legally
required
for
Consultant
to
practice
its
profession.
14. Consultant's
Insurance.
Consultant
shall
provide
insurance
as
set
forth
in
Exhibit
"A"
entitled
"Special
Provisions"
attached
hereto
and
made
a
part
hereof.
15. Indemnification.
(a)
For
Claims
(as
defined
herein)
other
than
those
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
City
and
its
respective
elected
and
appointed
boards,
officials,
officers,
agents,
employees
and
volunteers
(individually
and
collectively,
"lndemnitees")
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify,
protect
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
liabilities,
claims,
actions,
causes
of
action,
proceedings,
suits,
damages,
judgments,
liens,
levies,
costs
and
expenses,
including
reasonable
attorneys'
fees
and
disbursements
(collectively
"Claims"),
which
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
occurring
as
a result
of
Consultant's
negligent
performance
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees.
(b)
For
Claims
alleged
to
arise
from
Consultant's
negligent
performance
of
professional
services,
lndemnitees
shall
have
no
liability
to
Consultant
or
any
other
person
for,
and
Consultant
shall
indemnify
and
hold
harmless
lndemnitees
from
and
against,
any
and
all
Claims
that
lndemnitees
may
suffer
or
incur
or
to
which
lndemnitees
may
become
subject
by
reason
of
or
arising
out
of
any
injury
to
or
death
of
any
person(s),
damage
to
property,
loss
of
use
of
property,
economic
loss
or
otherwise
to
the
extent
occurring
as
a
result
of
Consultant's
negligent
performance
of
any
professional
services
under
this
Agreement,
or
by
the
negligent
or
willful
acts
or
omissions
of
Consultant,
its
agents,
officers,
directors,
sub-consultants
or
employees,
committed
in
performing
any
of
professional
services
under
this
Agreement.
For
7 of
19 November 18, 2025, Item #3
Claims
alleged
to
arise
from
Consultant's
professional
services,
Consultant's
defense
obligation
to
lndemnitees
shall
include
only
the
reimbursement
of
reasonable
defense
costs
and
attorneys
'
fees
to
the
extent
caused
by
Consultant's
negligence.
( c)
The
foregoing
obligations
of
Consultant
shall
not
apply
to
the
extent
that
the
Claims
arise
from
the
sole
negligence
or
willful
misconduct
of
City
or
its
elected
and
appointed
boards,
officials,
officers,
agents
, employees
and
volunteers.
(d)
In
any
and
all
Claims
against
City
by
any
employees
of
the
Consultant,
anyone
directly
or
indirectly
employed
by
it or
anyone
for
whose
acts
it may
be
liable
, the
indemnification
obligation
under
this
Section
15 shall
not
be
limited
in
any
way
by
any
limitation
on
the
amount
or
type
of
damages,
compensation
or
benefits
payable
by
or
for
the
Consultant
under
worker's
compensation
acts
, disabi
lity
benefit
acts
or
other
employee
benefit
acts.
(e)
Consultant
shall,
upon
receipt
of
written
notice
of
any
Claim,
promptly
take
all
action
necessary
to
make
a
claim
under
any
applicable
insurance
policy
or
policies
Consultant
is
carrying
and
maintaining
; however,
if Consultant
fails
to
take
such
action
as
is
necessary
to
make
a
claim
under
any
such
insurance
policy,
Consultant
shall
reimburse
City
for
any
and
all
costs
,
charges,
expenses,
damages
and
liabilities
incurred
by
City
in
making
any
claim
on
behalf
of
Consultant
under
any
insurance
policy
or
policies
required
pursuant
to
this
Agreement.
(f)
The
obligations
described
in
Section
15 (a)
through
(e)
above
shall
not
be
construed
to
negate,
abridge
or
otherwise
reduce
any
other
right
or
obligation
of
indemnity
which
would
otherwise
exist
as
to
any
party
or
person
indemnified
pursuant
to
this
Section
15. (g)
The
rights
and
obligations
of
the
parties
described
in
this
Section
15 shall survive
the
termination
of
this
Agreement.
16. Assumption
of
Risk.
Except
for
injuries
to
persons
caused
by
the
willful
misconduct
of
any
lndemnitee
and
not
covered
by
insurance
maintained,
or
required
by
this
Agreement
to
be
maintained,
by
Consultant:
(a)
Consultant
hereby
assumes
the
risk
of
any
and
all
injury
and
damage
to
the
personnel
(including
death)
and
property
of
Consultant
that
occurs
in
the
course
of,
or
in
connection
with,
the
performance
of
Consultant's
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services;
and
(b)
it is
hereby
agreed
that
the
lndemnitees
are
not
to
be
liable
for
injury
or
damage
which
may
be
sustained
by
the
person
, goods
or
property
of
Consultant
or
its
employees
in
connection
with
Consultant's
performance
of
its
obligations
under
this
Agreement,
including
but
not
limited
to
Consultant's
Scope
of
Services
.
17 .
Consultant
Not
an
Agent.
Except
as
City
may
specify
in
writing,
Consultant
shall
have
no
authority,
expressed
or
implied,
to
act
on
behalf
of
City
in
any
capacity
whatsoever
as
an
agent.
Consultant
shall
have
no
authority
, expressed
or
implied,
pursuant
to
this
Agreement
to
bind
City
to
any
obligation
whatsoever
.
18. Personnel. Consultant
shall
assign
qualified
and
certified
personnel
to
perform
requested
services.
The
City
shall
have
the
right
to
review
and
disapprove
personnel
for
assignment
to
City
projects. 8
of19
November 18, 2025, Item #3
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. • Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by electronic transmission shall be valid and binding.
23. Entire Agreement.
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 9 of 19
November 18, 2025, Item #3
24. Certification
and
Indemnification
Regarding
Public
Employees'
Retirement
Law/Pension
Reform
Act
of
2013.
Consultant
hereby
certifies
that
all
persons
providing
services
to
City
by
Consultant
are
not
current
members
of
the
California
Public
Employees'
Retirement
System
(Cal
PERS)
and
shall
not
become
members
of
CalPERS
while
providing
services
to
City.
Consultant
further
provides
that
in
the
event
Consultant
assigns
a retired
annuitant
receiving
a
pension
benefit
from
CalPERS
to
perform
services
for
City,
the
retired
annuitant
is
in
full
compliance
with
Government
Code
Section
7522.56.
A
copy
of
Government
Code
Section
7522.56
is
attached
hereto
as
Exhibit
"B."
Further,
Consultant
hereby
fully
and
unconditionally
indemnifies
City
from
all
penalties,
fees,
employer
and
employee
contributions,
or
any
other
assessments
imposed
by
CalPERS
in
the
event
CalPERS
determines
the
person
assigned
by
Consultant
to
provide
services
to
City
has
been
misclassified.
25. Severability. If
any
provision
of
this
Agreement
is
determined
by
any
court
of
competent
jurisdiction
or
arbitrator
to
be
invalid,
illegal,
or
unenforceable
to
any
extent,
that
provision
shall,
if
possible,
be
construed
as
though
more
narrowly
drawn,
if
a
narrower
construction
would
avoid
such
invalidity,
illegality,
or
unenforceability
or,
if that
is
not
possible,
such
provision
shall,
to
the
extent
of
such
invalidity,
illegality,
or
unenforceability,
be
severed,
and
the
remaining
provisions
of
this
Agreement
shall
remain
in
effect.
(Remainder
of
page
intentionally
left
blank.)
10 of
19 November 18, 2025, Item #3
IN
WITNESS
WHEREOF
, the
parties
hereto
have
duly
executed
this
AGREEMENT
on
the
date
first
above
written.
CITY
OF
POWAY
By
: ___________
_
Chris
Hazeltine,
City
Manager
ATTEST: Carrie
Gallagher
, CMC,
City
Clerk
APPROVED
AS
TO
FORM:
By:------------
Alan
Fenstermacher
, City Attorney
11 of
19 ALPHA
ANALYTICAL
LABORATORIES,
INC.
By:
___________
_
Jake
Keeney,
Project
Manager
November 18, 2025, Item #3
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform potable water analytical laboratory and accompanying courier services as required by City, further described in the Scope of Services submitted with the proposal dated October 2, 2025, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein.
Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the Fee Proposal submitted with the proposal dated October 2, 2025, which are included in this document as Attachment 1. Total fee is not to exceed $135,183.00. Consultant's fee shall include, and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing December 1, 2025, and ending November 30, 2027, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three (3) additional one-year periods upon the written approval of both the City Manager and the Consultant. Award of the Contract and any Contract extensions are subject to City Council appropriation of funds. Each renewal period (fiscal) after the first two years of the agreement, the Consultant's costs shall be adjusted based on the annual change in the previous calendar year's Consumer Price Index for the San Diego-Carlsbad area (All Urban Consumers CPI-U) or 5%, whichever is less. The first adjustment would occur no earlier than December 1, 2027. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability. including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 12 of 19
November 18, 2025, Item #3
(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
13 of 19
City of Poway .
Department of Public Works -Utilities
P.O. Box 789
Poway, CA 92074
Alpha Analytical Laboratories, Inc.
980 Park Center Drive, Suite C,
Vista, CA 92081
November 18, 2025, Item #3
ATTACHMENT
1 Fee
Schedule
-Alpha
Analytical
Labs
Project
Name:
Potable
Water
Analytical
Laboratory
Services,
RFP
No.26-006
Service/Parameter
Analysis
Method
Quantity
Unit
Fee
Total
Fee
Ammonia
as
N
SM4500-NH3
G
936
$
25 .00
$
23,400.00
Coliform
&
E.Coli,
Presence/Absence
SM9223B
936
$
18.00 $
16,848.00
Gen
Phys
Scan
(Color/Odor/Turb.)
SM2120F,EPA
140
.1,
SM2310B
313
$
45 .00
$
14,085.00
Heterotrophic
Plate
Count
SM9215E
Simplate
468
$
35 .00
$
16,380.00
Nitrate
as
N
HACH
10206
940
$
20 .00
$
18,800
.00
Nitrite
as
N
SM4500-NO2
B
936
$
20.00 $
18,720.00
Total
Coliform
& E
.Coli,
MPN
SM9223B
168
$
35 .00
$
5,880.00
SUVA
Calculation
EPA415.3
56 $
10.00 $
560
.00
DOC
(for
SUVA
Cale)
SM5310C
56 $
50 .00
$
2,800
.00
UV254
(for
SUVA
Cale)
SM5910B
56 $
65 .00
$
3,640.00
TOC
SM5310C
4 $
50.00 $
200.00
Phosphorus
SM4500
-P F
4 $
40 .00
$
160.00
Haloacetic
Acids
(HAAs)
EPA552.2
32 $
115.00
$
3,680.00
Trihalomethanes
(TTHMs)
EPA524.2
32 $
70.00 $
2,240.00
Copper
EPA200.8
31 $
15 .00
$
465.00
Lead
EPA200.8
31 $
15.00 $
465.00
Aluminum
EPA200.8
13 $
15.00 $
195.00
Langlier
Saturation
Index
Cale
.
SM2330B
4 $
15.00 $
60.00 Ryznar
Stability
Index
Calculation*
N/A,
RSI=
pH
-2(LSI)
4 $
-
$
-
Alkalinity
(All
Forms)
SM2320B
5 $
25 .00
$
125
.00
Calcium
EPA200.7
5 $
15.00 $
75.00 pH
SM4500-H+
B
5 $
10.00 $
50.00 Total
Dissolved
Solids
SM2540C
5 $
40 .00
$
200
.00
Aggressive
Index
Cale
. (Title
22)
AWWA
1 $
15 .00
$
15 .00
Hardness,
Total
Cale
SM2340B
1 $
15 .00
$
15.00 Chloride
EPA300.0
1 $
35.00 $
35.00 Surfactants
(MBAS)
SM5540C
1 $
70.00 $
70.00 Iron
EPA200.7
1 $
15.00 $
15 .00
Magnesium
EPA200.7
1 $
15 .00
$
15.00 Manganese
EPA200.8
1 $
15.00 $
15.00 Silver
EPA200.8
1 $
15 .00
$
15 .00
Sod
ium
EPA200
.7
1 $
15.00 $
15 .00
Conductivity
SM2510B
1 $
15 .00
$
15.00 Sulfate
EPA300.0
1 $
35 .00
$
35.00 Zinc
EPA200
.8
1 $
15 .00
$
15 .00
Antimony
EPA200.8
1 $
15 .00
$
15.00 Arsen
ic
EPA200.8
1 $
15.00 $
15.00 Barium
EPA200.8
1 $
15 .00
$
15.00 Beryllium
EPA200
.8
1 $
15 .00
$
15.00 Cadmium
EPA200.8
1 $
15 .00
$
15 .00
Chromium
EPA200
.8
1 $
15 .00
$
15 .00
Hexavalent
Chromium
EPA
218.7
1 $
95.00 $
95 .00
14 of
19 November 18, 2025, Item #3
Cyanide QuikChem 10-204-00-1-X 1 $ 65.00 $ 65.00
Fluoride EPA300.0 1 $ 35.00 $ 35.00
Mercury EPA245.1 1 $ 55.00 $ 55.00
Nickel EPA200.8 1 $ 15.00 $ 15.00
Perchlorate EPA314.0 1 $ 80.00 $ 80.00
Selenium EPA200.8 1 $ 15.00 $ 15.00
Thallium EPA200.8 1 $ 15.00 $ 15.00
Volatiles (DDW Reg.VOCs) EPA524.2 1 $ 150.00 $ 150.00
1,2,3-Trichloropropane (SOC) EPA524.2M 1 $ 150.00 $ 150.00 2,3,7,8-TCDD Dioxin-SUB (SOC) EPA 1613 1 $ 450.00 $ 450.00 EDB/DBCP (SOC) EPA504.1 1 $ 100.00 $ 100.00
NP Pesticides (SOC) EPA507 1 $ 150.00 $ 150.00
Chlorinated Pesticides & PCBs (SOC) EPA508 1 $ 150.00 $ 150.00 Chlorinated Herbicides (SOC) EPA515.3 1 $ 150.00 $ 150.00 Semivolatiles DDW Regulated 5 (SOC) EPA525.3 1 $ 150.00 $ 150.00 Carbamate Pesticides (SOC) EPA 531.1 1 $ 150.00 $ 150.00 Glyphosate (SOC) EPA547 1 $ 150.00 $ 150.00
Endothall (SOC) EPA548.1 1 $ 150.00 $ 150.00
Diquat (SOC) EPA549.2 1 $ 150.00 $ 150.00
Asbestos-SUB EPA 100.2 1 $ 350.00 $ 350.00
Gross Alpha-SUB EPA900.0 1 $ 115.00 $ 115.00
Radium 226-SUB EPA903 1 $ 150.00 $ 150.00
Radium 228-SUB EPA904 1 $ 250.00 $ 250.00
Cryptosporidium-SUB (as-needed) EPA 1623 1 $ 1,200.00 $ 1,200.00 Handling & Disposal (Per Sample ID) N/A 1015 $ -$ -
CLIP Upload (Per uploaded SID) N/A 80 $ -$ -
Courier fee (Weekday, <1 hr per day) N/A 52 $ 25.00 $ 1,300.00 Total Annual Cost of Service $ 135,183.00
*RSI Calculation not available in system, will be calculated from LSI result for no charge.
Weekly Courier pickups take less than 1 hou.r so both hourly and per-day Courier fee are fixed at $25/day.
As-Needed after hours courier service is offered at the same $25 rate as weekdays.
Standard report TAT is 10 business days, 7-day Rush TAT provided at no charge for all weekly samples to meet reporting deadline on the 10th of the following month.
Rush TAT Analysis Surcharge scale:
9-day:5%0%
8-day:16%0%
7-day:75%0%
6-day: 20%
5-day: 25%
4-day: 40%
3-day: 50%
2-day: 75%
1-day: 100%
15 of 19
November 18, 2025, Item #3
EXHIBIT "B"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person rece1vmg pension benefit from public retirement system; Section supersedes conflicting provisions (a) This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
( d) Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
16 of 19
(1) Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with November 18, 2025, Item #3
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2) A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f) A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
17 of 19
(1) The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A) Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority.
(B) For legislative employees, the.Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(C) For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3) The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements.
November 18, 2025, Item #3
( 4) The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g) A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h) This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Sections 24214. 24214.5 or 26812 of the Education Code.
(i) This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015.
Annotations
Notes
Amendments:
Note-
• Amendments:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
18 of 19
November 18, 2025, Item #3
WORKERS'
COMPENSATION
INSURANCE
CERTIFICATE
Pursuant
to
Section
1861
of
the
State
Labor
Code,
each
Consultant
to
whom
a
public
works
Contract
has
been
awarded
shall
sign
the
following
certificate
and
shall
submit
same
to
the
City
of
Poway
prior
to
performing
any
work
on
the
Contract:
"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."
Consultant
By:
Title Date
Section
3700
of
the
State
Labor
Code
reads
in
part
as
follows
:
"Every
employer
except
the
State
shall
secure
the
payment
of
compensation
in
one
or
more
of
the
following
ways
:
(a)
By
being
insured
against
liability
to
pay
compensation
by
one
or
more
insurers
duly
authorized
to
write
compensation
insurance
in
this
state.
(b)
By
securing
from
the
Director
of
Industrial
Relations
a
certificate
of
consent
to
self
insure
,
either
as
an
individual
employer
,
or
as
one
employer
in
a
group
of
employers,
which
may
be
given
upon
furnishing
proof
satisfactory
to
the
Director
of
Industrial
Relations
of
ability
to
self-insure
and
to
pay
any
compensat
ion
that
may
become
due
to
his
employees."
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