PROFESSIONAL CONSULTANT SERVICES AGREEMENT
BABCOCK LABORATORIES, INC.
Laboratory Testing and Analytical Services; RFP No. 1794] THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT (" Agreement") is made and entered into this 20th day of June 2018 (" Effective Date"), by and between the CITY OF RIVERSIDE(" City"), aCalifornia chartercity andmunicipal corporation and BABCOCK LABORATORIES, INC., a California corporation (" Consultant").
1. Scope of Services. City agreesto retain and does hereby retain Consultant and Consultant agrees to provide the services more particularly described in Exhibit " A," " Scope of Services" (" Services"), attachedhereto andincorporatedherein by reference, in conjunction with Laboratory Testing and Analytical Services; RFP No. 1794 (" Project").
2. Term. This Agreement shall be effective on the date first written above and shall remain in effect until July 1, 2021, with the option of two ( 2) one-year extensions, unless otherwise terminated pursuant to the provisions herein.
3. Compensation/ Payment. Consultant shall perform the Services under this Agreement for an annual amount not to exceed $ 596, 591, with the total sum not to exceed One Million SevenHundredand Eighty-Nine ThousandSevenHundred and Seventy-ThreeDollars 1,789, 773), payable in accordance with the terms set forth in Exhibit" B." Said payment shall be made in accordancewith City' s usual accounting procedures upon receipt and approval of an itemizedinvoicesettingforth theservicesperformed. Theinvoicesshallbedeliveredto City atthe address set forth in Section 4 hereof.
4. Notices. Anynoticesrequiredtobegiven,hereundershallbein writingandshallbe personallyservedor given by mail. Any notice given by mail shall bedeemedgivenwhendeposited in the UnitedStatesMail, certifiedandpostageprepaid, addressedto the partyto be servedas follows:
To City To Consultant
Riverside Public Utilities/ Water Operations Babcock Laboratories, Inc.
City of Riverside Attn: Allison Mackenzie
Attn: Robin Glenney 6100 Quail Valley Court
2911 Adams Street Riverside, CA 92507- 0704
Riverside, CA 92504
1 5. Prevailing Wage. If applicable,Consultantandall subcontractorsarerequiredto pay thegeneralprevailingwageratesofperdiemwagesandovertimeandholidaywagesdeterminedby the Director of the Department of Industrial Relations under Section 1720et seq. of the California LaborCodeandimplementedby ResolutionNo. 13346of theCity Councilof theCity of Riverside.
The Director' s determination is available on- line at
www. dir. ca.gov/ dlsr/ DPreWageDetermination. htm and is referred to and made a part hereof; the wage rates therein ascertained, determined, and specified are referred to and made a part hereof as though fully set forth herein.
6. Contract Administration. A designeeof theCity will beappointedin writing bythe City Manageror DepartmentDirectorto administerthisAgreementonbehalfof Cityandshallbe referred to herein as Contract Administrator.
7. Standard of Performance. While performing the Services,Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Southern California Area, and shall use reasonablediligence and bestjudgment while exercising its professional skill and expertise.
8. Personnel. Consultant shall furnish all personnelnecessaryto perform the Services and shall be responsible for their performance and compensation. Consultant recognizes that the qualifications and experience of the personnel to be used are vital to professional and timely completionof theServices. Thekeypersonnellistedin Exhibit" C" attachedheretoandincorporated herein by this referenceand assignedto perform portions of the Servicesshall remain assigned through completion of the Services, unlessotherwise mutually agreedby the parties in writing, or causedby hardshipor resignationin which casesubstitutesshallbesubjectto City approval.
9. Assignment and Subcontracting. Neither party shall assignanyright, interest,or obligation in or under this Agreement to any other entity without prior written consent of the other party. In any event, no assignmentshall be made unlessthe assigneeexpressly assumesthe obligations of assignor under this Agreement, in a writing satisfactory to the parties. Consultant acknowledgesthat anyassignmentmay, at the City' s solediscretion, require City Managerand/or City Council approval. Consultant shall not subcontractany portion of the work required by this Agreement without prior written approval by the responsible City Contract Administrator.
Subcontracts,if any,shallcontainaprovisionmakingthemsubjectto all provisionsstipulatedinthis Agreement, including without limitation, the insurance obligations set forth in Section 12. The Consultant acknowledgesandagreesthat the City is an intendedbeneficiary of any work performed by anysubcontractorfor purposesof establishinga duty of carebetweenanysubcontractorandthe City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant' s employees, subcontractors and agents, shall act in an independent capacity as independent contractors, and not as officers or employees of the City of Riverside. Consultant acknowledgesand agreesthat the City hasno obligation to pay or withhold stateor federal taxesor to provide workers' compensation or unemployment insurance to Consultant, or to Consultant' s employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsible for any andall taxesthat apply to Consultantas anemployer. 2 11. Indemnification.
11. 1 Design Professional Defined. For purposes of this Agreement, " Design Professional" includes the following:
A. An individual licensed asan architect pursuant to Chapter 3( commencing with Section 5500) of Division 3 of the Business and Professions Code, anda businessentity offering architecturalservicesin accordancewith that chapter.
B. An individual licensed as a landscape architect pursuant to Chapter 3. 5 commencing with Section 5615) of Division 3 of the Business and ProfessionsCode, and a businessentity offering landscapearchitectural services in accordance with that chapter.
C. An individual registered as a professional engineer pursuant to Chapter 7 commencingwith Section6700) of Division 3 of the Businessand Professions Code, and a businessentity offering professional engineering services in accordance with that chapter.
D. An individual licensed as a professional land surveyor pursuant to Chapter 15 ( commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professionalland surveying servicesin accordancewith that chapter.
11. 2 Defense Obligation For Design Professional Liability. Consultantagrees, at its costandexpense,to promptly defendthe City, andthe City' s employees, officers, managers, agents and council members( collectively the" Parties to be Defended") from and againstanyandall claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessnessor willful misconduct of Consultant, or anyoneemployed by or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstandingthat the City may have benefited from its work or servicesand whether or not causedin partbythenegligenceof anIndemnifiedParty. Consultantagreesto providethis defense immediatelyupon written notice from the City, and with well qualified, adequatelyinsuredand experiencedlegalcounselacceptableto City. Consultantwill reimburseCity for reasonabledefense costs for claims arising out of Consultant' s professional negligence based on the percentageof Consultant' s liability. This obligation to defend as set forth herein is binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant' s Services under this Agreement.
11. 3 Indemnity For Design Professional Liability. Whenthe law establishesa professional standard of care for Consultant' s services, to the fullest extent permitted by law, Consultantshall indemnify, protect andhold harmlessthe City andthe City' s employees, officers, managers, agents, and Council Members(" Indemnified Parties") from and against any and all claim for damage, charge, lawsuit, action, judicial, administrative, regulatory or arbitration proceeding, 3 damage, cost, expense ( including counsel and expert fees), judgment, civil fines and penalties, liabilities or lossesof any kind or nature whatsoever to the extent the samearise out of, pertain to, or relate to the negligence, recklessnessor willful misconduct of Consultant, or anyoneemployed by or workingundertheConsultantorfor servicesrenderedto theConsultantin theperformanceof the Agreement,notwithstandingthattheCity mayhavebenefitedfrom its work or servicesandwhether or not causedin part by the negligenceof an Indemnified Party.
11. 4 Defense Obligation For Other Than Design Professional Liability.
Consultantagrees, at its cost andexpense, to promptly defendthe City, and the City' s employees, officers, managers, agents and council members( collectively the" Parties to be Defended") from and againstanyandall claims,allegations,lawsuits,arbitrationproceedings,administrativeproceedings, regulatoryproceedings,orotherlegalproceedingswhichariseoutof,orrelateto,or arein anyway connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyone employedbyorworkingundertheConsultant,or2)anybreachof theAgreementbytheConsultant.
Thisdutyto defendshallapplywhetherornotsuchclaims,allegations,lawsuitsorproceedingshave merit or are meritless, or which involve claims or allegations that any or all of the Partiesto be Defended were actively, passively, or concurrently negligent, or which otherwise assert that the Parties to be Defended are responsible, in whole or in part, for any loss, damageor injury.
Consultantagreesto provide this defenseimmediately upon written notice from the City, andwith well qualified, adequatelyinsuredandexperiencedlegal counselacceptableto City. Thisobligation to defend asset forth herein is binding on the successors, assignsand heirs of Consultant and shall survive the termination of Consultant' s Services under this Agreement.
11. 5 Indemnity For Other Than DesignProfessionalLiability. Exceptasto the solenegligenceorwillful misconductof theCity, Consultantagreesto indemnify,protectandhold harmlessthe Indemnified Partiesfrom and againstany claim for damage, charge, lawsuit, action, judicial, administrative, regulatoryor arbitration proceeding, damage, cost, expense (including counselandexpert fees),judgment, civil fine andpenalties, liabilities or lossesof anykind or nature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequenceof, or are attributable to, or are in any manner connectedwith the performance of the Services,work, activities, operationsor duties of the Consultant, or anyoneemployedby or working under the Consultant or for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City may havebenefitedfrom its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether active or passive, on the part of the Consultant or anyoneemployed or working underthe Consultant.
12. Insurance.
12. 1 General Provisions. Prior to the City' s execution of this Agreement, Consultant shall provide satisfactory evidence of, and shall thereafter maintain during the term of this Agreement, such insurance policies and coverages in the types, limits, forms and ratings required herein. Theratingandrequiredinsurancepolicies andcoveragesmaybemodified in writing by the City' sRisk Manageror City Attorney,or adesignee,unlesssuchmodification isprohibitedby law.
12. 1. 1 Limitations. These minimum amounts of coverage shall not constituteany limitation or capon Consultant'sindemnification obligationsunderSection11hereof. 4 12.1.2 Ratings. Any insurancepolicy or coverageprovidedby Consultantor subcontractorsasrequiredbythisAgreementshallbedeemedinadequateandamaterialbreachof this Agreement, unlesssuch policy or coverageis issuedby insurancecompaniesauthorizedto transactinsurancebusinessin theStateof California with apolicy holder'srating of A or higherand a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceled unless thirty ( 30) days' prior written notification of intended cancellation has been given to City by certified or registered mail, postage prepaid.
12. 1.4 Adequacy. The City, its officers, employeesand agentsmake no representationthat the typesor limits of insurancespecified to be carried by Consultant pursuantto this Agreement are adequate to protect Consultant. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage as Consultant deems adequate, at Consultant' s sole expense.
12. 2 Workers' Compensation Insurance. By executing this Agreement, Consultant certifies that Consultant is aware of and will comply with Section 3700 of the Labor Codeof the Stateof California requiring everyemployerto beinsuredagainstliability for workers' compensation,or to undertakeself-insurancebeforecommencinganyof the work. Consultantshall carrythe insuranceor providefor self-insurancerequiredbyCalifornialawtoprotectsaidConsultant from claims under the Workers' Compensation Act. Prior to City' s execution of this Agreement, Consultantshall file with City either 1)a certificateof insuranceshowingthat suchinsuranceis in effect, or that Consultant is self- insured for such coverage, or 2) a certified statement that Consultant has no employees, and acknowledging that if Consultant doesemploy any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with City shall providethatCity will begiventen( 10)days' prior written noticebeforemodificationor cancellation thereof.
12. 3 Commercial General Liability and Automobile Insurance. Priorto City' s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, commercial generalliability insuranceandautomobile liability insuranceasrequired to insure Consultant againstdamagesfor personalinjury, including accidental death,aswell asfrom claims for property damage, which may arisefrom or which may concernoperationsby anyone directly or indirectly employed by, connectedwith, or acting for or on behalf of Consultant. The City, and its officers, employeesand agents, shall be named as additional insuredsunder the Consultant' s insurance policies.
12.3.1 Consultant' scommercial generalliability insurancepolicy shall cover both bodily injury (including death) andpropertydamage (including, but not limited to, premises operationsliability, products-completedoperationsliability, independentcontractor's liability, personal injury liability, and contractual liability) in an amount not less than $ 1,000, 000 per occurrence and a general aggregate limit in the amount of not less than $ 2, 000, 000. 5 12.3.2 Consultant'sautomobileliability policy shallcoverbothbodily injury andpropertydamagein anamountnotlessthan$1,000,000peroccurrenceandanaggregatelimit of not less than $ 1, 000, 000. All of Consultant' s automobile and/or commercial general liability insurance policies shall cover all vehicles used in connection with Consultant' s performance of this Agreement, which vehicles shall include, but are not limited to, Consultant owned vehicles, Consultant leased vehicles, Consultant' s employee vehicles, non- Consultant owned vehicles and hired vehicles.
12. 3. 3 Prior to City' s executionof this Agreement, copies of insurance policiesor original certificatesalongwith additionalinsuredendorsementsacceptableto theCity evidencingthecoveragerequiredbythisAgreement, for bothcommercialgeneralandautomobile liability insurance,shallbefiled with City andshallincludetheCity anditsofficers,employeesand agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobileliability insurancepolicies, but shallincludethefollowing provisions:
It is agreedthatthe City of Riverside,andits officers, employeesandagents, areaddedasadditional insuredsunderthis policy, solely for work done by and on behalf of the named insured for the City of Riverside.
12.3.4 Theinsurancepolicy or policiesshallalsocomplywith thefollowing provisions:
a. The policy shall be endorsed to waive any right of subrogation against the City and its sub-consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims madebasis, the certificate shouldso specifyandthe policy must continuein force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. Thepolicy shall specifythatthe insuranceprovided by Consultant will be considered primary and not contributory to any other insurance available to the City and Endorsement No. CG 20010413 shall be provided to the City.
12. 4 Errors and Omissions Insurance. Prior to City' s execution of this Agreement, Consultant shall obtain, and shall thereafter maintain during the term of this Agreement, errors and omissions professional liability insurance in the minimum amount of $ 1, 000, 000 to protectthe City from claims resulting from the Consultant's activities.
12. 5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carryinsurance, in anamountsufficientto covertherisk of injury, damageor lossthatmaybe caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, CommercialGeneralLiability, ErrorsandOmissions,andAutomobileliability. UponCity' srequest, 6 ConsultantshallprovideCitywith satisfactoryevidencethatSubcontractorshaveobtainedinsurance policies and coveragesrequired by this section.
13. Business Tax. Consultant understands that the Services performed under this AgreementconstitutesdoingbusinessintheCityofRiverside,andConsultantagreesthatConsultant will registerfor andpaya businesstax pursuantto Chapter5.04of theRiversideMunicipalCode andkeepsuchtax certificatecurrentduringtheterm of this Agreement.
14. Time of Essence. Time is of the essencefor each and every provision of this Agreement.
15. City' sRight to Employ Other Consultants. City reservestherighttoemployother Consultantsin connectionwith the Project. If the City is requiredto employ anotherconsultantto complete Consultant' s work, due to the failure of the Consultant to perform, or due to the breach of anyof theprovisionsof this Agreement, theCity reservestherightto seekreimbursementfrom Consultant.
16. Accounting Records. Consultantshall maintaincompleteandaccuraterecordswith respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultantshallallow a representativeof City duringnormalbusinesshoursto examine,audit,and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three ( 3) years from the date of final payment under this Agreement.
17. Confidentiality. All ideas,memoranda,specifications,plans,procedures,drawings, descriptions, computer program data, input record data, written information, and other materials eithercreatedby or providedto Consultantin connectionwith theperformanceof this Agreement shall be held confidential by Consultant, except as otherwise directed by City' s Contract Administrator. Nothingfurnishedto Consultantwhichisotherwiseknownto theConsultantor is generallyknown, or hasbecomeknown, to the relatedindustry shall be deemedconfidential.
Consultant shall not use City' s name or insignia, photographsof the Project, or any publicity pertainingto the Servicesor the Project in anymagazine,tradepaper,newspaper,television or radio production, website, or other similar medium without the prior written consent of the City.
18. Ownership of Documents. All reports, maps, drawings and other contract deliverablespreparedunderthis Agreementby Consultantshallbeandremainthepropertyof City.
Consultant shall not release to others information furnished by City without prior express written approval of City.
19. Copyrights. Consultantagreesthat anywork preparedfor City which is eligible for copyright protection in the United Statesor elsewhere shall be a work madefor hire. If any such work is deemedfor anyreasonnotto beawork madefor hire,Consultantassignsall right, title and interest in the copyright in such work, and all extensions and renewalsthereof, to City, andagreesto provide all assistancereasonably requested by City in the establishment, preservation and enforcement of its copyright in such work, such assistanceto be provided at City' s expense but 7 without anyadditionalcompensationto Consultant. Consultantagreesto waive all moral rights relatingto the work developedor produced, includingwithout limitation anyandall rightsof identificationof authorshipandanyandall rightsof approval, restrictionor limitation on useor subsequent modifications.
20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit" C," representsandwarrantsthatbytheexecutionof thisAgreement,theyhavenointerest, presentorcontemplated,intheProjectaffectedbytheabove-describedServices. Consultantfurther warrants that neither Consultant, nor the individuals listed in Exhibit " C" have any real property, business interests or income interests that will be affected by this project or, alternatively, that Consultantwill file with the City anaffidavit disclosinganysuchinterest.
21. Solicitation. Consultant warrants that Consultant has not employed or retained any personor agencyto solicitor securethis Agreement, nor hasit enteredinto anyagreementor understandingforacommission,percentage, brokerage, orcontingentfeeto bepaidto securethis Agreement. For breachof this warranty, City shall havethe right to terminatethis Agreement withoutliability andpayConsultantonlyfor thevalueof workConsultanthasactuallyperformed, or, in its sole discretion, to deduct from the Agreement price or otherwise recover from Consultant the full amount of such commission, percentage, brokerage or commission fee. The remedies specified in this section shall be in addition to and not in lieu of those remedies otherwise specified in this Agreement.
22. General Compliance With Laws. Consultant shall keepfully informed of federal, stateandlocal laws andordinancesandregulationswhich in anymanneraffect thoseemployedby Consultant, or in any way affect the performanceof servicesby Consultantpursuantto this Agreement. Consultant shall at all times observeand comply with all such laws, ordinancesand regulations, and shallbe solelyresponsiblefor any failure to complywith all applicablelaws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained all necessarylicensesto performtheScopeof Servicesandthatsuchlicensesarein goodstanding.
Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practices of the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute a waiver of anyright or dutyaffordedCity underthis Agreement, nor shall anysuchactionor failureto actconstitute approvalof oracquiescencein anybreachthereunder,exceptasmaybespecifically,providedinthis Agreement or asmay be otherwise agreedin writing.
24. Amendments. This Agreementmay be modified or amendedonly by a written agreementand/or changeorder executedby the Consultant and City.
25. Termination. City, by notifying Consultantin writing, shall have the right to terminateanyorall of Consultant'sservicesandworkcoveredbythisAgreementatanytime. Inthe eventof suchtermination,ConsultantmaysubmitConsultant'sfinalwrittenstatementof theamount of Consultant' s services as of the date of such termination based upon the ratio that the work completed bearsto the total work required to make the report complete, subject to the City' s rights under Sections 15and26 hereof. In ascertainingthe work actually renderedthrough thetermination 8 date,Cityshallconsidercompletedwork,workinprogressandcompleteandincompletereportsand other documentsonly after delivered to City.
25. 1 Otherthanasstatedbelow,City shallgive Consultantthirty( 30)days' prior written notice prior to termination.
25. 2 City mayterminatethis Agreementuponfifteen( 15)days' written noticeto Consultant, in the event:
25.2.1 Consultantsubstantiallyfails to perform or materially breachesthe Agreement; or
25.2.2 City decidesto abandonor postponethe Project.
26. Offsets. Consultantacknowledgesandagreesthatwith respectto anybusinesstax or penaltiesthereon, utility charges, invoicedfeeor otherdebtwhich Consultantowesor mayoweto theCity, City reservestherightto withholdandoffsetsaidamountsfrom paymentsor refundsor reimbursements owed by City to Consultant. Notice of such withholding and offset, shall promptly begivento ConsultantbyCity inwriting. In theeventof adisputeasto theamountowedorwhether such amount is owed to the City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
27. Successors and Assigns. This Agreement shall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not beassignedbyConsultant,eitherin wholeor in part,exceptasotherwiseprovidedinparagraph9of this Agreement.
28. Venue. Any actionatlaw or in equitybroughtbyeitherof thepartiesheretofor the purposeof enforcinga right or rights provided for by this Agreementshall betried in a court of competentjurisdiction in the County of Riverside, Stateof California, andthe partiesherebywaive all provisionsof law providing for achangeof venuein suchproceedingsto anyothercounty.In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damagesfor andon accountof thebreachof anyterm or condition of this Agreement, it is mutually agreedthat eachparty will beartheir own attorney's feesand costs.
29. Nondiscrimination. During Consultant'sperformanceof this Agreement,Consultant shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physicaldisability, mentaldisability, medicalcondition,includingthemedicalconditionof Acquired Immune Deficiency Syndrome(AIDS) or any condition related thereto, marital status, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military and veteran status, in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code.
Further, Consultant agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
30. Severability. Eachprovision, term, condition, covenantand/or restriction, in whole and in part, of this Agreement shall be considered severable. In the event any provision, term, 9 condition, covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid, unconstitutional, or void for anyreason, suchprovisionor partthereofshallbeseveredfrom this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect.
31. Authority. TheindividualsexecutingthisAgreementandtheinstrumentsreferenced hereinon behalfof Consultanteachrepresentandwarrantthatthey havethe legalpower,right and actualauthorityto bind Consultantto thetermsandconditionshereofandthereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neitherpartyhasbeeninducedto enterintothisAgreementbyandneitherpartyisrelying on, anyrepresentationor warrantyoutsidethoseexpresslysetforth in thisAgreement.
33. Interpretation. City andConsultantacknowledgeandagreethatthisAgreementis the product of mutual arms-length negotiations and accordingly, the rule of construction, which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement.
33. 1 Titles and captionsarefor convenienceof referenceonly and do not define, describe or limit the scopeor the intent of the Agreement or any of its terms. Referenceto section numbers, are to sections in the Agreement unless expressly stated otherwise.
33. 2 This Agreement shall be governed by and construed in accordancewith the laws of the State of California in effect at the time of the execution of this Agreement.
33. 3 In the eventof aconflict betweenthe body of this AgreementandExhibit" A" Scopeof Serviceshereto,the terms contained in Exhibit" A" shall be controlling.
34. Exhibits. The following exhibits attachedhereto are incorporated herein to this Agreement by this reference:
Exhibit" A" - Scope of Services
Exhibit" B" - Compensation
Exhibit" C" - Key Personnel
10 IN WITNESSWHEREOF, City and Consultanthavecausedthis Agreementto be duly executedthe day and year first above written.
CITY OF RIVERSIDE, a California BABCOCK LABORATORIES, INC. charter city an. - •' cipal corporation a California corporation a CI ' orni
v orporati.
4up>,By: By• 3l. e—
City anager Nikv
Allison Mackenzie
Printed Name]
Chief Executive Officer
Title]
Attest: ái... L
t k
Certified as to Availability of Funds: By:
Bradley Meadows
By: 144444kr€4.."‘ Printed Name]
Pf7cAcckeWeChief Financial Officer Vice President& Laboratory Director Title]
Approved as to Form:
By: WG
Assistant City Attorney
rc- citylawprod\ Cycom\ WPDocs\ D026\ P024\ 00404896. DOCX 18-0605 SDW 04/ 26/ 18
11 EXHIBIT " A"
SCOPE OF SERVICES
EXHIBIT A
Scope of Services
TheCityof Riversideis seekingafull serviceLaboratorytoanalyzerawandtreatedwaterbased on State Water Resources Control Board— Division of Drinking Water( DDW), California Code of Regulations Title 22, Environmental Protection Agency( EPA), and Regional Water Quality Control Board regulations. The City of Riversideservesover 300,000peoplewith approximately forty-seven (47) GroundwaterWellsandfive (5) GroundwaterUndertheInfluenceof Surface Water Wells ( GWUDI), six (6) treatment plants and a blending program to ensure that the water meetsall State and Federal regulations. The city also operatesand maintains Non-Potable wells andtwo canals. Dueto thecomplexityof thesystem, aquickTurnAroundTime (TAT) is imperative; some samplesrequire three (3) day rushes. A standing rush TAT towards the end of the month to ensuredata is available for final reporting to DDW by the 10thof the following Month will also be required.
A Full ServiceLaboratorywill offer thefollowing services. An assignedProjectManager.
Samplekits including pre-labeledbottlesin coolerswith icepacks. A samplingtechnicianto collect distribution Field Free Chlorine, Field Temperature, Field pH and Bacteriological samplesWeeklyonMonday, Tuesdayif MondayfallsonaHoliday, averagetimeabout4.5 hours. SeeExhibit E for list of sample sitesand locations. Laboratory must maintain a Sample Drop off time Monday— Friday until 4:00 p.m., WeekendsandHolidays until noon. Entry of all field datafrom Chainof Custodyforms (COC) into LaboratoryInformation ManagementSystem LIMS), and included in the final report and Electronic Data Deliverables ( EDDs). Delivery of final report and invoice in PDF format via email, WaterTrax uploads, possible future CSV EDDs, and a secure client portal to LIMS. Electronic Data Transfer( EDT) to the State Database whenapplicable. Laboratoryshall ensureall Datais properlytransferredto EDD andEDT formats. Provide a daily email including all preliminary hits over the DLR.
TheCity of Riversideis aninnovativeworkplace. In additionto theserviceslisted, we would like to collaboratewith a Laboratory to drive towards possiblepaperlessCOC' s, sample barcodingandother streamliningfunctions.
The City' sProjectManagerand/or Microbiology staff shouldwork quickly to learnHistorical Valuesandnotify the appropriatepersonnelwhenevera sampleis positive for total coliform, positive for E. coli, a Heterotrophic Plate Count over 200 CFU, and/ or MCL Exceedance for 7th and Chicago compliance samples.
In addition to Routine samplesthis Laboratory RFP will include Long Term 2 Enhanced Surface Water Treatment Rule (LT2) testing for a GWUDI that was offline during the LT2 monitoring period, Fourth Unregulated Contaminant Monitoring Rule (UCMR4) sampling, and School Lead TestingperAB-746 . Estimatednumberof samplesincludedin theRoutinesectioninclude PotableWells, Non-Potable Wells, Monitoring Wells, Canal, Treatment, Distribution and Storm Water samples.
If there is a need to resampledue to an error on behalf of the Laboratory, QA/ QC, analysesnot performedwithin holdingtime, samplemisplacedor containerbroken, theresampleshallbe done expediently and at no charge to the City.
EXHIBIT " B"
COMPENSATION
City of Riverside RFP1794 Fee Schedule
Routine Monitoring( annual estimate, actuatecanbe more or less) Analysis Method Qty. Price Total
Cl Residual( Field) Provided on COC 6072 N/ C
pH( Field) Provided on COC 6072 N/ C
Temperature( Field) Provided on COC 6072 N/ C
Cl Residual( Field) Collected by Lab 728 N/ C
pH( Field) Collected by Lab 728 N/ C I
Temperature( Field) Collected by Lab 728 N/ C
Bacti( P/ A) SM 9223B 6400 $ 6. 50 $ 41, 600. 00 Bacti( Quantitray) SM 9223B 440 $ 15. 00 $ 6, 600. 00 Heterotrophic Plate Count( HPC) SM 9215B 6800 $ 4. 75 $ 32, 300. 00 EDB/ DBCP EPA 504 480 $ 44. 00 $ 21, 120. 00 EDB/ DBCP 3 day RUSH( include Rush Charge) EPA 504 840 1 66. 00 $ 55, 440. 00 VOCs EPA 524 500 $ 50. 00 $ 25, 000. 00
VOC- PCE& TCE Only 3 day RUSH( nclude Rush Charge) EPA 524 1000 $ 66. 00 $ 66, 000. 00 1,2, 3- TCP EPA 524- M 1100 $ 46. 00 $ 50, 600. 00 Total Trihalomethanes EPA 524 48 $ 36. 00 $ 1,728. 00 Haloacetic Acid EPA 551 48 $ 64. 00 1 3,072. 00
Total Organc Carbon( TOC) SM 5310B 48 $ 34. 00 $ 1,632. 00 Nitrate( NO3- N) EPA 300. 0 920 $ 8.50 $ 7,820. 00 Nitrite( NO2- N) EPA 300. 0 1 $ 15. 00 $ 15. 00 Low Level Perchlorate EPA 332 2000 $ 24. 00 $ 48, 000. 00 Low Level Perchlorate 3 Day RUSH( include RUSH charge) EPA 332 650 $ 36. 00 $ 23, 400. 00 Perchlorate( DLR of 4) EPA 314 10 $ 24. 00 $ 240. 00 Hexavalent Chromium( Cr6) EPA 218. 7 60 $ 44. 00 $ 2, 640. 00 Arsenic EPA 200. 8 25 $ 9. 00 1 225. 00
Iron& Manganese EPA 200. 7 105 $ 18. 00 $ 1, 890. 00 Lead& Copper EPA 200. 8 60 $ 18. 00 1 1,080. 00
School Lead Testing EPA 200. 8 300 $ 10. 00 $ 3,000. 00 pH SM 4500H+ B 4 $ 15. 00 1 60. 00
General Mineral Various 180 $ 79. 00 $ 14, 220. 00 Inorganic Chemical Various 180 $ 75. 00 $ 13, 500. 00 General Physical( Color, Odor, Turbidity) Various 620 $ 10. 00 $ 6, 200. 00 Total Dissolved Solids( TDS) SM 2540G 80 $ 9. 75 $ 780. 00 Pesticides EPA 505 45 $ 98. 00 $ 4, 410. 00 Herbicides EPA 515. 3 45 $ 110. 00 $ 4,950. 00 Regulated SOCs EPA 525. 2 55 $ 140. 00 $ 7,700. 00 Atrazine& Simazine only EPA 525 2 $ 148. 00 $ 296. 00 Carbamates EPA 531 45 $ 100. 00 $ 4, 500. 00 Glyphosate EPA 547 45 $ 100. 00 $ 4, 500. 00 Endothall EPA 548 45 $ 100. 00 $ 4, 500. 00 Dioxin EPA 1613 45 $ 230. 00 $ 10,350. 00
Diquat EPA 549 45 $ 125. 00 $ 5,625. 00
Asbestos 50 $ 200. 00 $ 10, 000. 00
Gross Alpha SM 7110C 252 $ 35. 00 $ 8, 820. 00 Gross Alpha 5 day RUSH( include Rush Charge) SM 7110C 48 $ 105. 00 $ 5,040. 00 Uranium EPA 200. 8 300 $ 24. 00 $ 7,200. 00 Radium 226 EPA 903. 0 45 $ 100. 00 $ 4, 500. 00 Radium 228 EPA Ra- 05 45 $ 150. 00 $ 6, 750. 00 City of Riverside RFP 1794 Fee Schedule
Radon SM 7500- Rn 4 $ 30. 00 $ 120. 00
Acrolein& Acrylonitrile EPA 624 54 $ 75. 00 $ 4,050. 00 Total Inorganic Nitrogen( TIN) Various 4 $ 34. 00 $ 136. 00 Total Suspended Solids( TSS) SM 2540G 4 $ 15. 00 $ 60. 00 97- 005 list* Various 8 $ 3,997. 00 $ 31, 976. 00 Anions Various 60 $ 40. 00 $ 2,400. 00
Nitrosamines EPA 521 55 $ 250. 00 $ 13, 750. 00 See attached 97- 005 list and include pricing for all analyses Total 569, 795. 00 LT2
Analysis Method Qty. Price Total
LT2 Cryptosporidium EPA 1622 24 $ 400. 00 $ 9, 600. 00 LT2 E. Coli SM 9223B 24 $ 6. 00 $ 144. 00
LT2 Turbidity SM 2130B 24 $ 8.00 $ 192. 00
Total 9,936. 00
UCMR4( see attached schedule)
Analysis Method Qty. Price Total
Cyanotoxins EPA 546 8 $ 95. 00 $ 760. 00
Cyanotoxins EPA 544 8 $ 124. 00 $ 992. 00
Cyanotoxins EPA 545 8 $ 175. 00 $ 1,400. 00 Germanium EPA 200. 8 4 $ 14. 00 $ 56. 00
Manganese EPA 200. 8 4 $ 14. 00 $ 56. 00
Pesticides EPA 525. 3 4 $ 179. 00 $ 716. 00
HAASEPA 552. 3 or 557 48 $ 30. 00 $ 1,440. 00 HAA6Br EPA 552. 3 or 557 48 $ 30. 00 $ 1,440. 00 HAA9 EPA 552. 3 or 557 48 $ 30. 00 $ 1,440. 00 Alcohols EPA 541 4 $ 150. 00 $ 600. 00
SOCs EPA 530 4 $ 150. 00 $ 600. 00
TOC SM 5310 20 $ 24. 00 $ 480. 00
Bromide EPA 300 20 $ 19. 00 $ 380. 00
Total 10, 360. 00
Rush Surcharge
Turn Around Time( TAT) Multiplier)
Routine TAT 0
5 Day Rush 1.25 25%
3 Day Rush 1. 5 50%
2 Day Rush 2 100%
1 Day Rush 3 200%
Same Day Rush 4 300%
Miscellaneous Fees
Description Qty Price Total
Prelabeled bottles in cooler with icepacks 1 N/ C
Sample Pick Up 1 N/ C
Sample Bottle Delivery 1 N/ C
Sampling Fee 4. 5 Hours Weekly( Exhibit E) 52 $ 125. 00 $ 6, 500. 00 Babcock Client Online Data Access Training& Tutorial as needed N/ C Custom On- Site 3- 4 hour training seminars( see Innovation) 2 N/ C Attendance for two individuals at Babcock TEAM events and workships 4 N/ C City of Riverside RFP 1794 Fee Schedule
No charge for
Babcock In- house IT support hourly rate first 10 hours $ 175. 00 $ Outside IT support hourly rate Billed at rate+ 10%
Total 6, 500. 00
Grand Total 596, 591. 00
N/ C= No additional Charge
EXHIBIT " C"
KEY PERSONNEL
CUSTOMER SERVICE
Director of Client Services — Cathy lijima
Ms. Cathy lijima holds a B.A. from the University of California, Riverside (UCR) and has over 30 years of experience in the environmental laboratory business working for Babcock Labs. Ms. lijima oversees and assists in project coordination, develops and maintains functions of CRM and LIMS databases, and coordinates with field staff to set up sampling schedules. Ms. lijima participates in Business Development, assisting staff with price quotations, marketing materials, as well as coordinating client training programs, such as Babcock Labs' UCMR4 and Drinking Water Workshops. She is well versed in customer service and works with the Project Management team to successfully implement a variety of client projects.
Contact: Cathy lijima, Director of Client Services
Phone: 951- 653- 3351 x235
Email: ciijima( c babcocklabs. com
Customer Service & Field Department Manager— Caroline Sangari Ms. Caroline Sangari holds a B.S. degree from the University of Nevada, Las Vegas ( UNLV).
She has 17 years of laboratory experience, including time spent in the roles of customer service manager, lab manager, chemist, microbiologist, project manager, and analyst. Her experience managing client services personnel enables Babcock Labs to maintain focus on technical excellence on a daily basis. As the Customer Service & Field Department Manager, Ms. Sangari is responsible for overseeing the departments of Project Management, Sample Receiving, and Field Services. Ms. Sangari ensures that client needs are satisfied by overseeing the coordination of departments and developing and implementing process improvements.
Contact: Caroline Sangari, Customer Service & Field Department Manager Phone: 951- 653- 3351 x259
Email: csangari( babcocklabs. com
UCMR Project Director— Susann Thomas
Ms. Susann Thomas holds a B.S. degree from California State Polytechnic University, Pomona Cal Poly Pomona). She has 30 years of experience in the environmental laboratory testing business working for Babcock Labs. Ms. Thomas has expertise in environmental analytical chemistry, specializing in the areas of trace metals, wet chemistry, chromatography, quality assurance, laboratory operations, and employee management. As UCMR Project Director, Ms.
Thomas oversees UCMR project coordination, UCMR 4 method compliance, project/ sample status monitoring, and final reports and deliverables. She supervises and approves all data uploaded to the Safe Drinking Water Accession & Review System ( SDWARS 4) via the Central Data Exchange ( CDX). She also ensures that all samples are analyzed and reported according to UCMR 4 requirements.
17 BABCOCK Laboratories. Inc.
Ms. Thomas has served as Babcock Labs' UCMR Project Director since 2012 and has been instrumental in ensuring the method development, certification, and adherence to program requirements for UCMR 3 and UCMR 4, as well as management of the UCMR 3 EPA small systems contract. As the UCMR Project Director Ms. Thomas' duties include: setting up the initial UCMR system including LIMs, documentation flow, and staffing; ensuring proper certification and adherence to method and UCMR requirements; creation and validation of data deliverables; quality control monitoring; communicationwith the EPAregardingsampling/QC issues and technical direction; compiling weekly and monthly reports; monitoring sample holding time and due dates; ensuring proper training of staff. Working directly with the EPA, Ms.
Thomas also played an integral role in the development of UCMR4 methods, reporting limits, and certification.
Contact: Susann Thomas, UCMR Project Director
Phone: 951- 653- 3351 x277
Email: sthomasbabcocklabs. com
Field Department Supervisor— Omar Sosa
Mr. Omar Sosa began working for Babcock Labs in 2012. He has received detailed training from seasoned environmental field technician veterans with Water Distribution Operator and Water Treatment Operator training in the protocols of sampling, preservation, hold-times, maintenance of chain of custody records, and the proper documentation of the sample collection process. He adheres to all safety and sampling SOPs, which are informed by AWWA, State, and Federal regulatory requirements. He also performs various analytical tests in the field such as chlorine residual, pH, and temperature.
As Field Services Supervisor, Mr. Omar oversees Babcock Labs' in- house department of field technicians. He is responsible for coordinating sampling schedules and ensuring prompt and satisfactory client service.
Contact: Omar Sosa, Field Department Supervisor
Phone: 951- 653- 3351 x244
Email: ososa( a babcocklabs. com
Field Technician — Robert D' Alessandro
Mr. Robert D' Alessandro joined the Babcock Labs team in 2017. In addition to the extensive training that he has received as part of Babcock Labs' field training program, Mr. D'Alessandro also holds his Grade 2 Water Treatment Operator Certification ( Operator# 40170) and Grade 2 Water Distribution Operator Certification ( Operator# 48031). As a Field Technician, Mr.
D'Alessandro collects and transports raw and treated water samples on a daily basis, adhering to all safety and sampling SOPs, which are informed by AWWA, State, and Federal regulatory requirements.
Mr. D' Alessandro can be contacted through his Supervisor, Mr. Omar Sosa. 18 8
BABCOCK Laboratories. Inc.
Project Manager— Kayelani Deener
Ms. Kayelani Deener holds an A.A. degree from Chaffey Community College. She has eight years of experience in the environmental laboratory business working for Babcock Labs, all of which have been spent in a customer service role. Ms. Deener has specific expertise in sample receivingand projectmanagement. As a ProjectManager, Ms. Deeneris responsiblefor overall project performance. She will serve as the primary contact to the City, coordinating all aspects of service, including project specific requirements, field and courier services, reporting, sample analyses, and questions or other customer service needs.
Contact: Kayelani Deener, Project Manager
Phone: 951- 653- 3351 x263
Email: kdeener aababcocklabs. com
LABORATORY MANAGEMENT
Quality Assurance Manager— Stacey Fry
Ms. Stacey Fry received her B. S. from the University of California, Riverside ( UCR). Ms. Fry has 23 years of experience in quality assurance/ quality control, laboratory accreditation, IS017025 Standards, conformity assessment, operations management, client project deliverables, and analytical methods. Her duties include overseeing the lab' s Quality Assurance program including the Quality Systems and Management Systems, maintaining NELAP, ELAP and ISO 17025 certification and other certifications. She is an active member of the National Environmental Laboratory Accreditation Council (NELAC) Institute and serves on several subcommittees, including the Performance Testing Board Sub-committee and the NELAC Institute Quality Manual Template Committee.
As Quality Assurance Manager, Ms. Fry is responsiblefor maintaining the organization's Ethics and Data Integrity Program and providing Ethics training for all staff. She is also responsible for ensuring adherence to all company policies and procedures regarding QA document control, personnel training, corrective action, SOPs, internal audits, client complaints or inquiries, and performance testing. Additionally, Ms. Fry is responsible for overseeing new hire training of all staff.
Contact: Stacey Fry, QA Manager
Phone: 951- 653- 3351 x238
Email: sfry( a babcocklabs. com
Inorganics Department Manager— Julia Sudds
Ms. Julia Sudds holds a B.A. degree from California State University, San Bernardino ( CSUSB).
She has 24 years of experience in laboratory operations supervision, quality assurance/ quality control management, ISO 17025 Standards, internal/ external audit and root cause analysis, employee development, and analytical methods. As the Inorganics Department Manager, Ms. 19 00
BABCOCK Laboratories, Inc.
Sudds is responsible for overseeing the daily operations of the Department, which consists of wet chemistry, ion chromatography, and metals chemistry.
Contact: Julia Sudds, Inorganics Department Manager
Phone: 951- 653- 3351 x229
Email: isudds( cr.babcocklabs. com
Organics Department Manager— Valerie Sierzchula
Ms. Valerie Sierzchula holds a B. A. from California State University, Fullerton ( CSUF). Ms.
Sierzchula has 25 years of laboratory experience in operations management with an emphasis in volatile and semi- volatile organics analyses. Her skills include client data deliverables, quality control, and methods for the determination of trace organic constituents. As Organics Department Manager, Ms. Sierzchula is responsible for overseeing the daily operations of the Organics Department, which consist of semi- volatile and volatile organics analyses.
Contact: Valerie Sierzchula, Organics Department Manager Phone: 951- 653- 3351 x241
Email: vsierzchula( c babcocklabs. com
Senior Chemist— Justin Reed
Mr. Justin Reed holds dual B.S. degrees from the University of California, Santa Barbara UCSB) in Chemistry and Environmental Studies. Additionally, Mr. Reed holds a Geographic Information Systems ( GIS) certificate from San Bernardino Valley College. He has 10 years of laboratoryexperience, the majority of which have been spent in the field of environmental chemistry analysis. Mr. Reed has played an integral role in Babcock Labs' UCMR 4 method development and has 4 years of experience with the UCMR program. As the Senior Organics Chemist, Mr. Reed is responsible for performing and overseeing the performance of UCMR 4 analyses ( AM lists 1- 3).
Mr. Reed can be contacted through his Manager, Ms. Valerie Sierzchula.
Microbiology Department Manager— Carol Kase
Ms. Carol Kase holds a B.S. in Biology from the University of California, Riverside ( UCR) and an A.S. in Chemistry from San Bernardino Valley College. She has 34 years of experience in the environmental laboratory testing business working for Babcock Labs. Specifically, Ms. Kase's expertise is in the area of microbiological determinations. As Microbiology Department Manager, Ms. Kase is responsible for the analysis of drinking water, wastewater, soil and sludge to determine the presence and densities of coliform bacteria, fecal coliform, E. coli, fecal streptococcus, enterococcus, pseudomonas, HACH BART analysis and the speciation of coliform bacteria. In addition to her knowledge of data and LIMS systems, she is proficient with the use of 3M Petrifim for the analysis of APC, total coliform, generic E. coli, Staphylococcus aureus, yeast and mold in food products. Ms. Kase has been trained in basic food microbiology 20 0
BABCOCK Laboratories. Inc.
and operation of mini- Vidas ELFA assay instrumentation for the detection of Salmonella, Listeria and E. coli 0147: H7.
In her role as department manager, Ms. Kase is in constant contact with State and County Health Departments, municipalities, local water companies and private customers providing time- sensitive bacteriological results. Ms. Kase has developed an excellent reputation for her professionalism and outstanding performance, and has been frequently requested by the Riverside County Health Department, San Diego State Health Department and the Southern California Coastal Water Research Project to handle special projects.
Contact: Carol Kase, Microbiology Department Manager
Phone: 951- 653- 3351 x260
Email: ckasea, babcocklabs. com
CORPORATE OFFICERS
President & Chief Executive Officer— Allison Mackenzie
Ms. Allison Mackenzie holds a B. A. from the University of California, Riverside ( UCR). She has over 39 years of experience in the environmental laboratory business working for Babcock Labs. Of those years, 23 were spent in the role of Vice President and General Manager and 8 were spent in analytical method development for both inorganic and organic determinations in drinking water and wastewater. She is an advocate for high ethical standards and quality in the testing industry, and currently serves as a member on the Environmental Laboratory Technical Advisory Committee ( ELTAC) to the California State Water Boards' Environmental Laboratory Accreditation Program ( CA ELAP).
As CEO, Ms. Mackenzie is responsible for policy objectives and strategy for the operation and expansion of the business, including the development of operating budgets, sales and profitability targets, product development, quality assurance, and the development and retention of customer relationships.
Contact: Allison Mackenzie, CEO
Phone: 951- 653- 3351 x230
Email: amackenzie( ababcocklabs. com
Laboratory Director & Vice President— Brad Meadows
Mr. Brad Meadows holds a B.S. and an M.A. degree from the California State University, Fresno Fresno State). He has 29 years of experience in laboratory management, operations management, quality assurance, analytical methods, IT, and database design.
At the operational level, Mr. Meadows' has a strong background in ISO-based Quality Systems and Laboratory Information Management Systems ( LIMS). He has operated most equipment in the laboratory and is well-versed on the methods utilized in the environmental laboratory community. Mr. Meadows' knowledge of these test methods also extends significantly into the 21 41/043
BABCOCK Laboratories, Inc.
regulatory side of the environmental industry. He is particularly well-versed on the applicability of test methods to regulatory programs, including the US EPA' s UCMR Program, and serves as a resource to both clients and staff on regulatory matters. At the executive level, Mr. Meadows provides input on strategic direction to corporate executive management.
As Laboratory Director& Vice President, Mr. Meadows is responsible for overseeing all laboratory operations, as well as for the promotion of a culture of quality, customer service, and timely delivery of laboratory services. He is particularly focused on operational efficiencies, equipment investment, and quality improvements that enhance the services Babcock Labs provides its clients. Mr. Meadows currently serves on the US EPA Environmental Laboratory Advisory Board (ELAB) and the board of the Environmental Sciences Section ( ESS) of the American Council of Independent Laboratories ( ACIL).
Contact: Brad Meadows, Lab Director & VP
Phone: 951- 653- 3351 x228
Email: bmeadows( c babcocklabs. com
Chief Financial Officer— Tiffany Gomez
Ms. Tiffany Gomez holds a B.A. from the University of California, Irvine (UCI) and an M.S. from Texas A&M University. She has over 15 years of experience in human resources, risk management, safety, finance, and accounting. As CFO, Ms. Gomez plays a vital role in the leadership of the company. She is responsible for leading the company' s corporate financial and staff organization, which includes accounting, treasury, banking relationships, tax, risk management, and Human Resources. In addition, Ms. Gomez works closely with the CEO and Lab Director& VP to assist in the development and execution of the company vision, corporate strategy, and business plans.
Contact: Tiffany Gomez, CFO
Phone: 951- 653- 3351 x234
Email: tgomez( babcocklabs. com
SUBCONTRACTOR INFORMATION
Proposed Subcontract Proposed Analyses for Subcontract Working Laboratory Relationship
FGL Environmental Gross Alpha, Radium 226, Radium 228, Radon 35+ years EMSL Analytical Asbestos 20+ years
North Coast Laboratories Diquat 20+ years
Maxxam Analytics Dioxin 10 years
Biovir Laboratories LT2 Cryptosporidium 15 years
Weck Laboratories Nitrosamines, Explosives, Ethylene Glycol, 20+ years Formaldehyde
Exova 95- 007 Organic Solvents 15 years
GEL Laboratoires 95- 007 Radiological 1 year
22 BABCOCK Laboratories. Inc.
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ACaR©* CERTIFICATE OF LIABILITY INSURANCE DATE, MM/t01YYY1t kr...,---- 05/ 29/ 201 S
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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PRODUCER License# 0757776 TACTPatricia Finnerty
HUB International Insurance Services Inc. PE
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P. O. Box 5345 EEatc, Ne,_ EatZ ( 951 779- 8545 FAic,Net(951) 231 2572 Riverside, CA 92517 i
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INSURERISIAFFQROINGGOVERAGE ,__. _._.,.._ HAICC INSURER AValley Forge Insurance Company __. 120508
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INSURER c: Protective Insurance Company I 1241
P. O. Box 432 INSURER D: Axis Surplus Insurance Company._ 126620__ Riverside, CA 92502 1NsuRER E:
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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1, 000000DESCRIPTION OF OPERAS IONS below Et DISEASE- POLICY LIMB S 000 D Professional Llab ECN000030551801 05/ 28/ 2018f 05/ 28/ 2019} 3, 000, 000 Per Claim 3, 000, 000 DESCRIPTION OF OPERATIONS t LOCATIONS/ VEHICLES( ACORD t01, Additional Remarks Schedule, may be attached If more space is required} City of Riverside Is Additional Insured with regard to GeneralLiability when requiredbywritten contract per the attachedendorsement form CNA75079XX 10/16. Additional insured with regard to Auto Liability when required by written contract per the attached endorsement form SCA235000 10111.
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ACCORDANCE WITH THE POLICY PROVISIONS.
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ACORD 25( 2016/ 03) P 01988- 2015 ACORD C RP TION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Unapproved June 11, 2018 Minutes of the Board of Public Utilities June 11, 2018 Scheduled for approval by the Board of Public Utilities at its regular Board of Public Utilities Meeting on June 25, 2018. UNOFFICIAL" Minutes
DISCUSSION CALENDAR
19 AWARD REQUEST FOR PROPOSAL NO. 1794 PROFESSIONAL
CONSULTANT SERVICES FOR WATER QUALITY LABORATORY TESTING AND ANALYTICAL SERVICES WITH BABCOCK LABORATORIES, INC., OF
RIVERSIDE, CALIFORNIA FOR THE DURATION OF THREE- YEARS, WITH
THE OPTION OF TWO ONE- YEAR EXTENSIONS, IN THE ANNUAL AMOUNT OF $ 596, 591
Water Operations Manager David Garcia reported on the water quality laboratory testing and analytical services that the consultant services do for RPU and answered questions from the Board members.
Following discussion, the Board of Public Utilities:
1. Awarded Request for Proposal No. 1794 for Professional Consultant Services Agreement with Babcock Laboratories, Inc. of Riverside, California, for Water Quality Laboratory Testing and Analytical Services, for a three-year term, in the annual amount of $ 596, 591; and
2. Authorized the City Manager, or his designee, to execute the Professional ConsultantServicesAgreementwith BabcockLaboratories, Inc. includingmaking minor non- substantive changes and to execute the extensions under the same price, terms, and conditions.
Motion — Crohn. Second — Walcker.
Ayes: Russo- Pereyra, Austin, Crohn, Foust, Hernandez, Oceguera, Sanchez- Monville, and Walcker.
Absent: Jennifer O' Farrell ( absence due to illness)
DEPARTMENT HEAD APPROVAL FORM
Contracts/ Agreements
rtREtD
DATE: April 26, 2018 MAY10 2018
PARTIES: Babcock Laboratories, Inc. FIr, A"
6ADM1N!E
PROJECT DESCRIPTION: Laboratory Testing and Analytical Services SCOPE OF CONTRACT/ SERVICE: Full service Laboratory to analyze raw and treated water based on State Water Resources Control Board - Division of Drinking Water, Environmental Protection Agency, and Regional Water Control Board requirements.
IF AN AMENDMENT, REASON FOR AMENDMENT ( e. g., more time needed, additional scope added, extension permitted from original contract, etc.):
DEPARTMENT: Riverside Public Utilities, Water Operations BUDGET ACCOUNT ( GL Key and Object): 6200000- 4.2 6: 4 J1,620 006330- 42100006) DEPT. HEAD APPROVAL: 717/V S'/' tgezku
PROCUREMENT:
Verification that procurement of goods, services, construction, etc., was done in conjunction with the City' s purchasing policies and procedure:
X ) Formal Procurement ( Bid #, RFP #, panel, etc.): RFP # 1794 Informal Procurement ( Three quotes, single/ sole source, under non- bidding threshold, etc.):
Emergency Procurement ( date, event, etc.):
Requisition Number: Y187757
Date Approved by City Council/ Board: G- 11. — 1S Purchasing Division Validation: Date: 5 - to - 18- PLEASE RETURN TO: City Clerk' s Office, Ext. 4276, DAlegria@riversideca. gov, Q-
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