PROFESSIONAL CONSULTANT SERVICES AGREEMENT
EUROFINS EATON ANALYTICAL, LLC
Laboratory Testing andAnalytical Services
THIS PROFESSIONAL CONSULTANT SERVICES AGREEMENT (" Agreement") is madeandenteredinto this 3Oth day of June , 2022 ("Effective Date"), by and betweentheCITYOFRIVERSIDE, aCaliforniachartercity andmunicipalcorporation ("City"), andEUROFINSEATONANALYTICAL, LLC, aDelawarelimitedliabilitycompanyauthorizedto do business in California, (" Consultant").
1. Scopeof Services. City agreesto retainanddoesherebyretainConsultantand Consultantagreesto providethe servicesmoreparticularlydescribedin Exhibit "A," " Scope of Services" (" Services"), attachedheretoandincorporatedherein by reference, in conjunction with Laboratory Testing andAnalytical Services, RFP no. 2159 ("Project").
2. Term. ThisAgreementshallbein effectfromJuly 1, 2022andshallremainin effect untilJune30, 2025, unlessotherwiseterminatedpursuanttotheprovisionsherein. Thetermmaybe extendedfor up to two (2) additional one-year periods, uponmutual written agreementof theparties.
3. Compensation/ Payment. Consultant shall perform the Services under this Agreement for the total sum not to exceedThreeMillion Dollars ($ 3,000,000) payablein accordance with thetermssetforthin Exhibit "B." Saidpaymentshallbemadein accordancewith City'susual accountingproceduresuponreceiptandapprovalof anitemizedinvoicesettingforth theservices performed. TheinvoicesshallbedeliveredtoCity attheaddresssetforth in Section4hereof. The compensation for the optional one-year extensions shall be an annual amount not to exceed One Million Dollars ($ 1, 000. 000).
4. Notices. Anynoticesrequiredtobegiven, hereundershallbein writingandshallbe personallyservedor givenbymail. Any noticegivenbymailshallbedeemedgivenwhendeposited in theUnitedStatesMail, certifiedandpostageprepaid, addressedto thepartyto beservedasfollows:
To City
Public Utilities
City of Riverside
Attn: Robin Glenney
3900 Main Street
Riverside, CA 92522
To Consultant
Eurofins Eaton Analytical, LLC
Attn: Lauren Collins, Account Manager
750 Royal Oaks Drive, Suite 100
Monrovia, CA 91016- 3629
5. PrevailingWage. If applicable, Consultantandallsubcontractorsarerequiredtopay thegeneralprevailingwageratesofperdiemwagesandovertimeandholidaywagesdeterminedby theDirectorof theDepartmentofIndustrialRelationsunderSection1720etseq. of theCalifornia LaborCodeandimplementedbyResolutionNo. 13346oftheCityCounciloftheCityofRiverside. The Director' s determination is available on- line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm andis referredto andmadea part hereof; the wage rates therein ascertained, determined, and specified arereferred to and made a part hereof as though fully set forth herein.
6. ContractAdministration. A designeeoftheCitywillbeappointedinwritingbythe CityManagerorDepartmentDirectortoadministerthisAgreementonbehalfofCityandshallbereferred to herein as Contract Administrator.
7. StandardofPerformance. WhileperformingtheServices, Consultantshallexercise the reasonableprofessionalcare and skill customarily exercisedby reputablemembersof Consultant's professionpracticing in the Metropolitan SouthernCalifornia Area, and shall use reasonablediligenceandbestjudgmentwhileexercisingits professionalskill andexpertise.
8. Personnel. ConsultantshallfurnishallpersonnelnecessarytoperformtheServices and shallbe responsiblefor their performanceandcompensation. Consultantrecognizesthatthe qualificationsandexperienceof thepersonnelto be usedarevital to professionalandtimelycompletion of the Services. The key personnel listed in Exhibit " C" attached hereto and incorporatedhereinbythisreferenceandassignedtoperformportionsof theServicesshallremain assignedthroughcompletionof theServices, unlessotherwisemutuallyagreedby thepartiesin writing, or causedby hardshiporresignationin whichcasesubstitutesshallbesubjecttoCityapproval.
9. AssignmentandSubcontracting. Neitherpartyshallassignanyright, interest, or obligationin or underthisAgreementto anyotherentitywithoutprior writtenconsentof theother party. In anyevent, no assignmentshallbemadeunlesstheassigneeexpresslyassumesthe obligationsof assignorunderthis Agreement, in a writing satisfactoryto theparties. Consultant acknowledgesthatanyassignmentmay, attheCity' ssolediscretion, requireCity Managerand/or CityCouncilapproval. Consultantshallnotsubcontractanyportionoftheworkrequiredbythis Agreementwithoutprior written approvalby the responsibleCity ContractAdministrator.
Subcontracts, if any, shallcontainaprovisionmakingthemsubjecttoall provisionsstipulatedin this Agreement, including without limitation, the insuranceobligations setforth in Section 12. The ConsultantacknowledgesandagreesthattheCityisanintendedbeneficiaryofanyworkperformed byanysubcontractorforpurposesofestablishingadutyofcarebetweenanysubcontractorandthe City.
10. Independent Contractor. In the performance of this Agreement, Consultant, and Consultant's employees, subcontractorsandagents, shallactin an independentcapacityas independentcontractors, andnot asofficersor employeesof theCity of Riverside. Consultant acknowledgesandagreesthattheCity hasnoobligationto payor withholdstateor federaltaxesor to provide workers' compensation or unemployment insurance to Consultant, or to Consultant' s employees, subcontractors and agents. Consultant, as an independent contractor, shall be responsiblefor anyand all taxesthat apply to Consultantasanemployer. 2 11. Indemnification.
11. 1 Design Professional Defined. For purposes of this Agreement, " Design Professional" includesthe following:
A. An individual licensed as an architect pursuant to Chapter 3 cormnencing with Section 5500) of Division 3 of the Business and ProfessionsCode, andabusinessentity offering architecturalservicesin accordance with 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, andabusinessentityoffering landscapearchitectural services in accordance with that chapter.
C. An individual registered asa professional engineer pursuant to Chapter 7 commencing with Section 6700) of Division 3 of the Business and ProfessionsCode, andabusinessentityofferingprofessionalengineering 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 professional land surveying servicesin accordancewith that chapter.
11.2 DefenseObligationFor DesignProfessionalLiability. Consultantagrees, atitscostandexpense, topromptlydefendtheCity, andtheCity'semployees, officers, managers, agentsandcouncilmembers (collectivelythe "Partiesto beDefended") fromandagainstanyandall claims, allegations, lawsuits, arbitration proceedings, administrativeproceedings, regulatory proceedings, or other legal proceedings to the extent the same arise out of, pertain to, or relate to the negligence, recklessnessor willful misconductof Consultant, or anyoneemployedby or working under the Consultant or for services rendered to the Consultant in the performance of the Agreement, notwithstanding that the City may have benefited from its work or services and whether or not causedin partby thenegligenceof anIndemnifiedParty. Consultantagreestoprovidethisdefense immediatelyuponwrittennoticefromtheCity, andwith well qualified, adequatelyinsuredand experiencedlegalcounselacceptableto City. Consultantwill reimburseCity for reasonabledefense costs for claims arising out of Consultant' s professional negligence based on the percentage of Consultant's liability. Thisobligationto defendassetforthhereinis bindingonthesuccessors, assignsandheirs of Consultant and shall survive the termination of Consultant' s Servicesunderthis Agreement.
11.3 Indemnity For DesignProfessionalLiability. Whenthelaw establishesa professionalstandardof carefor Consultant's services, to the fullest extentpermittedby law, Consultantshallindemnify, protectandhold harmlesstheCity andthe City's employees, officers, managers, agents, andCouncilMembers ("IndemnifiedParties") from andagainstanyandall claim for damage, charge, lawsuit, action, judicial, administrative, regulatoryor arbitrationproceeding, damage, cost, expense (including counsel and expert fees), judgment, civil fines and penalties, 3 liabilities or lossesof anykind or naturewhatsoeverto theextentthe sameariseout of, pertain to, or relatetothenegligence, recklessnessorwillful misconductof Consultant, oranyoneemployedby or working under the Consultant or for servicesrendered to the Consultant in the performance of the Agreement, notwithstandingthattheCitymayhavebenefitedfromitsworkorservicesandwhether or not causedin part by thenegligenceof an Indemnified Party.
11.4 DefenseObligation For Other Than DesignProfessionalLiability.
Consultantagrees, atitscostandexpense, to promptlydefendtheCity, andtheCity'semployees, officers, managers, agentsandcouncil members (collectively the "Partiesto beDefended") from and against any and all claims, allegations, lawsuits, arbitration proceedings, administrative proceedings, regulatoryproceedings, orotherlegalproceedingswhichariseoutof, orrelateto, or arein anyway connected with: 1) the Services, work, activities, operations, or duties of the Consultant, or of anyoneemployedby or workingundertheConsultant, or 2) anybreachof theAgreementby the Consultant. This duty to defend shall apply whetheror not suchclaims, allegations, lawsuits or proceedingshavemeritor aremeritless, or whichinvolveclaimsorallegationsthatanyor all of the PartiestobeDefendedwereactively, passively, or concurrentlynegligent, orwhich otherwiseassert thatthePartiestobeDefendedareresponsible, in wholeor in part, for anyloss, damageor injury.
ConsultantagreestoprovidethisdefenseimmediatelyuponwrittennoticefromtheCity, andwith wellqualified, adequatelyinsuredandexperiencedlegalcounselacceptabletoCity. Thisobligation to defendassetforth hereinis binding on the successors, assignsandheirsof Consultantandshall survive the termination of Consultant' s Services under this Agreement.
11.5 IndemnityFor OtherThanDesignProfessionalLiability. Exceptastothe solenegligenceor willful misconductof theCity, Consultantagreesto indemnify, protectandhold harmlessthe Indemnified Partiesfrom andagainstany claim for damage, charge, lawsuit, action, judicial, administrative, regulatoryor arbitrationproceeding, damage, cost, expense (including counselandexpertfees), judgment, civil fineandpenalties, liabilitiesor lossesofanykindornature whatsoever whether actual, threatened or alleged, which arise out of, pertain to, or relate to, or are a consequence of, or are attributable to, or are in any manner connected with the performance of the Services, work, activities, operationsordutiesof theConsultant, oranyoneemployedbyorworking under the Consultant or for services rendered to Consultant in the performance of this Agreement, notwithstanding that the City may have benefited from its work or services. This indemnification provision shall apply to any acts, omissions, negligence, recklessness, or willful misconduct, whether activeor passive, onthepartof theConsultantoranyoneemployedorworking undertheConsultant.
12. Insurance.
12. 1 General Provisions. Prior to the City' s execution of this Agreement, Consultantshallprovidesatisfactoryevidenceof, andshallthereaftermaintainduringthetermof this Agreement, such insurance policies and coverages in the types, limits, forms and ratings requiredherein. Theratingandrequiredinsurancepoliciesandcoveragesmaybe modifiedin writing by the City' s Risk Manageror City Attorney, or a designee, unlesssuchmodification is prohibited by law.
12.1.1 Limitations. These minimum amounts of coverage shall not constituteanylimitation or capon Consultant'sindemnification obligationsunderSection11hereof. 4 12.1.2 Ratings. Any insurancepolicy or coverageprovidedby Consultantor subcontractorsasrequired by this Agreementshall be deemedinadequateandamaterial breachof this Agreement, unless such policy or coverageis issuedby insurance companies authorized to transactinsurancebusinessin theStateof California with apolicy holder'srating of A orhigherand a Financial Class of VII or higher.
12.1.3 Cancellation. The policies shall not be canceledunlessthirty ( 30) days' prior written notification of intended cancellationhas beengiven to City by certified or registered mail, postage prepaid.
12.1.4 Adequacy. The City, its officers, employeesand agentsmake no representationthatthetypesor limits of insurancespecifiedtobecarriedbyConsultantpursuantto 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 every employerto beinsured againstliability for workers' compensation, or to undertakeself-insurancebefore commencinganyof the work. Consultantshall carry the insurance or provide for self- insurance required by California law to protect said Consultant from claims under the Workers' CompensationAct. Prior to City' s execution of this Agreement, Consultant shall file with City either 1) a certificate of insurance showing that such insurance is in effect, or that Consultant is self- insured for such coverage, or 2) a certified statement that Consultant hasno employees, and acknowledging that if Consultant does employ any person, thenecessarycertificateof insurancewill immediatelybefiled with City. Any certificate filed with City shall provide that City will be given ten (10) days' prior written notice before modification or cancellation thereof.
12. 3 Commercial General Liability andAutomobile Insurance. Prior toCity' s execution of this Agreement, Consultant shall obtain, andshallthereaftermaintain during the term of this Agreement, commercial general liability insurance and automobile liability insurance as requiredto insureConsultantagainstdamagesfor personalinjury, including accidentaldeath, aswell asfrom claims for property damage, which may arisefrom or which may concernoperationsby anyonedirectly or indirectly employedby, connectedwith, or acting for or onbehalf of Consultant.
The City, andits officers, employeesand agents, shall be namedas additional insureds under the Consultant' s insurance policies.
12.3.1 Consultant' scommercial generalliability insurancepolicy shall cover both bodily injury ( including death) andproperty damage (including, but not limited to, premises operationsliability, products -completed operationsliability, 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.
12.3.2 Consultant'sautomobileliability policy shallcoverbothbodily injury and property damage in an amount not less than $ 1,000,000 per occurrence and an aggregatelimit of not less than $1,000,000. All of Consultant's automobile and/or commercial general liability 5 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 execution of this Agreement, copies of insurance policies or original certificatesalongwith additional insuredendorsementsacceptableto the City evidencing the coveragerequired by this Agreement, for both commercial generalandautomobile liability insurance, shall befiled with City andshall include theCity andits officers, employeesand agents, as additional insureds. Said policies shall be in the usual form of commercial general and automobile liability insurancepolicies, but shall include the following provisions:
provisions:
It is agreedthat the City of Riverside, andits officers, employeesandagents, are added as additional insureds under this policy, solely for work done by and on behalf of the namedinsured for the City of Riverside.
12.3.4 Theinsurancepolicy or policiesshall alsocomplywith thefollowing a. The policy shall be endorsedto waive any right of subrogation againstthe City andits sub -consultants, employees, officers and agents for services performed under this Agreement.
b. If the policy is written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the services. The retroactive date of coverage must also be listed.
c. The policy shall specify that the insurance provided by Consultantwill beconsideredprimary andnotcontributoryto 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, andshall thereaftermaintain during thetermof thisAgreement, errors and omissions professional liability insurance in the minimum amount of $ 1,000,000 to protect the City from claims resulting from the Consultant's activities.
12.5 Subcontractors' Insurance. Consultant shall require all of its subcontractors to carry insurance, in an amount sufficient to cover the risk of injury, damageor loss that may be caused by the subcontractors' scope of work and activities provided in furtherance of this Agreement, including, but without limitation, the following coverages: Workers Compensation, Commercial GeneralLiability, Errors and Omissions, and Automobile liability. Upon City' s request, Consultant shall provide City with satisfactory evidence that Subcontractors have obtained insurancepolicies and coveragesrequired by this section. 6 13. Business Tax. Consultant understands that the Services performed under this Agreement constitutes doing businessin theCity of Riverside, andConsultant agreesthatConsultant will register for and pay a business tax pursuant to Chapter 5.04 of the Riverside Municipal Code and keep such tax certificate current during the term of this Agreement.
14. Time of Essence. Time is of the essence for each and every provision of this Agreement.
15. City' s Right to Employ Other Consultants. City reservestheright to employ other Consultants in connection with the Project. If the City is required to employ anotherconsultant to complete Consultant' s work, due to the failure of the Consultant to perform, or due to the breach of any of the provisions of this Agreement, the City reservesthe right to seekreimbursementfrom Consultant.
16. Accounting Records. Consultant shall maintain complete and accuraterecords with respect to costs incurred under this Agreement. All such records shall be clearly identifiable.
Consultant shall allow arepresentative of City during normal businesshours to 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 either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except as otherwise directed by City' s Contract Administrator. Nothing furnished to Consultant which is otherwise known to the Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City' s name or insignia, photographs of the Project, or any publicity pertaining to the Servicesor the Project in any magazine, trade paper, 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 Consultant shallbe andremain theproperty of City.
Consultant shall not releaseto others information furnished by City without prior expresswritten approval of City.
19. Copyrights. Consultant agreesthat anywork preparedfor City which is eligible for copyright protection in the United Statesor elsewhereshall be a work madefor hire. If any such work is deemed for any reason not to be a work made for hire, Consultant assignsall right, title and interestin thecopyright in suchwork, andall extensionsandrenewalsthereof, 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 expensebut without any additional compensation to Consultant. Consultant agrees to waive all moral rights relating to the work developed or produced, including without limitation any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications.
7 20. Conflict of Interest. Consultant, for itself and on behalf of the individuals listed in Exhibit " C," representsand warrantsthatby the executionof this Agreement, they havenointerest, presentor contemplated, in theProject affectedby theabove-describedServices. Consultantfurther warrants that neither Consultant, nor the individuals listed in Exhibit " C" have any real property, businessinterests or income interests that will be affected by this project or, alternatively, that Consultant will file with the City anaffidavit disclosing any suchinterest.
21. Solicitation. ConsultantwarrantsthatConsultanthasnot employedor retainedany person or agency to solicit or secure this Agreement, nor has it entered into any agreement or understanding for a commission, percentage, brokerage, or contingent fee to be paid to securethis Agreement. For breach of this warranty, City shall have the right to terminate this Agreement without liability andpay Consultantonly for the value of work Consultant hasactually performed, 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. Consultantshall keepfully informed of federal, stateandlocal laws andordinancesandregulations which in anymanner affect thoseemployed by Consultant, or in any way affect the performance of services by Consultant pursuant to this Agreement. Consultant shall at all tunes observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations. Consultant represents and warrants that Consultant has obtained all necessarylicenses to perform the Scopeof Services and that such licensesare in good standing.
Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies and practicesof the City of Riverside.
23. Waiver. No action or failure to act by the City shall constitute awaiver of anyright or duty afforded City under this Agreement, nor shall any such action or failure to act constitute approval of or acquiescence in any breach thereunder, except asmay be specifically, provided in this Agreement or as may be otherwise agreed in writing.
24. Amendments. This Agreement may be modified or amendedonly by a written agreement and/or change order executed by the Consultant and City.
25. Termination. City, by notifying Consultant in writing, shall have the right to terminate anyor all of Consultant's servicesandwork coveredby this Agreementat anytime. In the event of such termination, Consultant may submit Consultant' s final written statementof the amount of Consultant' s services as of the date of such termination based upon the ratio that the work completedbearsto the total work required to make thereport complete, subjectto the City' s rights underSections15and26 hereof. In ascertainingthework actually renderedthroughthetermination date, City shall consider completed work, work in progress andcompleteandincomplete reports and other documentsonly after delivered to City.
25.1 Other than asstatedbelow, City shall give Consultantthirty ( 30) days' prior written notice prior to termination.
8 25.2 City may terminate this Agreement upon fifteen ( 15) days' written notice to Consultant, in the event:
Agreement; or
25.2.1 Consultantsubstantiallyfails to performor materiallybreachesthe
25.2.2 City decidesto abandonor postponethe Project.
26. Offsets. Consultantacknowledgesandagreesthatwith respecttoanybusinesstaxor penaltiesthereon, utility charges, invoiced feeor otherdebtwhich Consultantowesor may owe to the City, City reservesthe right to withhold and offset said amountsfrom paymentsor refunds or reimbursementsowedby City toConsultant. Noticeof suchwithholdingandoffset, shallpromptly begiven to Consultantby City in writing. In theeventof adisputeasto theamountowedor whether 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. Successorsand Assigns. This Agreementshall be binding upon City and its successors and assigns, and upon Consultant and its permitted successors and assigns, and shall not be assignedby Consultant, eitherin whole or in part, exceptasotherwiseprovided in paragraph9 of this Agreement.
28. Venue. Any actionat law or in equitybroughtby eitherof thepartiesheretofor the purpose of enforcing a right or rights provided for by this Agreement shall be tried in the Superior Court, County of Riverside, Stateof California, andthepartiesherebywaive all provisions of law providing for a changeof venuein suchproceedingsto any othercounty. In the eventeitherparty heretoshallbringsuit toenforceanytermof thisAgreementor to recoveranydamagesfor andon accountof the breachof any term or condition of this Agreement, it is mutually agreedthat each party will beartheir own attorney's feesand costs.
29. Nondiscrimination. During Consultant'sperformanceof thisAgreement, Consultant shallnot discriminateonthegroundsof race, religiouscreed, color, nationalorigin, ancestry, age, physicaldisability, mentaldisability, medicalcondition, includingthemedicalconditionof Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, sex, genetic information, gender, genderidentity, genderexpression, or sexualorientation, military andveteran 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. Each provision, term, condition, covenant and/or restriction, in whole and in part, of this Agreement shall be consideredseverable. In the event any provision, term, condition, covenant and/ or restriction, in whole and/ or in part, of this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from 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. 9 31. Authority. TheindividualsexecutingthisAgreementandtheinstrumentsreferenced hereinonbehalfof Consultanteachrepresentandwarrantthat theyhavethe legalpower, right and actual authority to bind Consultant to the terms and conditions hereof and thereof.
32. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreementbetween the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither partyhasbeeninducedto enterinto thisAgreementby andneitherparty is relying on, any representation or warranty outside those expressly set forth in this Agreement.
33. Interpretation. City andConsultantacknowledgeandagreethat this Agreement is 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 andcaptionsarefor convenienceof referenceonly anddonot define, describeor limit the scopeor the intent of theAgreementor any of its terms. Referenceto section numbers, areto sectionsin the Agreement unlessexpresslystatedotherwise.
33.2 This Agreement shall be governedby andconstruedin accordancewith the laws of the State of California in effect at the time of the execution of this Agreement.
33.3 In theeventof aconflict betweenthebodyof thisAgreementandExhibit "A" Scopeof Serviceshereto, the terms containedin Exhibit " A" shall be controlling.
34. Exhibits. The following exhibits attached hereto are incorporated herein to this Agreement by this reference:
Exhibit " A" - Scope of Services
Exhibit " B" - Compensation
Exhibit " C" - Key Personnel
10 IN WITNESS WHEREOF, City andConsultanthave causedthis Agreementto be duly executed the day and year first above written.
CITY OF RIVERSIDE, a California
charter city and municipal corporation
By: v
City Manager
Attest:
ELTROFINS EATON ANALYTICAL, LLC
aDelaware limited liability company authorized
to do business in California
By:
Colin Walters
Printed Name]
President
Title]
Certified asto Availability of Funds: By:
By: wc3b4 [ Printed Name]
r Chief Financial Officer
Approved as to Form:
Bv•
Ruthann M. Salera
Deputy City Attorney
CA# 22- 0767 RMS 5/ 16/ 22
11Rc-city] aw\cycom\WPDOCS\D0161P033100652974.DOC
11 Title]
EXHIBIT " A"
SCOPE OF SERVICES
EXHIBIT A
Scope of Services
The City of Riversideis seekinga full serviceLaboratory to analyzeraw andtreatedwaterbased on StateWater ResourcesControl Board — Division of Drinking Water (DDW), California Code of Regulations Title 22, Environmental Protection Agency ( EPA), andRegional Water Quality Control Board regulations. The City of Riversideservesover 300,000peoplewith approximately forty-two (42) Groundwater Wells andfour (4) Groundwater Under the Influence of Surface Water Wells (GWUDI), six (6) treatment plantsand a blending program to ensurethat the water meetsall StateandFederal regulations. The city alsooperatesand maintainsNon -Potable wells and two canals. Due to the complexity of the system, a quick Turn Around Time ( TAT) is imperative; somesamplesrequirethree (3) dayrushes. A standingrushTAT towardsthe endof the monthto ensuredatais available for final reportingto DDW by the 10thof the following Month will also be required.
A Full Service Laboratory will offer the following services. An assignedProject Manager.
Samplekits including pre -labeledbottles in coolerswith ice packs. Laboratory must maintain a SampleDrop off time Monday — Friday until 4:00p.m. Laboratorymustmaintain a SampleDrop off time Weekends and Holidays until noon for bacteriological resamples and emergencies.
Laboratory delivery of samplekits andpick up of samplesto occur after 3:00 pm Monday — Friday from 3854 Mulberry Street, Riverside; CA 92507. Entry of all field datafrom Chain of Custodyforms (COC) into Laboratory Information ManagementSystem (LIMS), andincluded in the final report andElectronic DataDeliverables (EDDs). Delivery of final reportandinvoice in PDF format via email, WaterTrax uploads, CSV EDDs, and a secure client portal to LIMS.
Electronic Data Transfer (EDT) to the StateDatabasewhen applicable. Laboratory shall ensure all Data is properly transferredto EDD andEDT formats. Providea daily email including all preliminary hits overthe DLR.
The City' s Project Manager and/or Microbiology staff should work quickly to learn Historical Values and notify the appropriate personnel whenever a sample is positive for total coliform, positive for E. coli, a Heterotrophic Plate Count over 500 CFU, and/ or MCL Exceedance for 7th and Chicago compliance samples.
In addition to Routine samplesthis Laboratory RFP will include Fifth Unregulated Contaminant Monitoring Rule (UCMR5) analyses, and Lead Testing required under LCRR. The full service laboratoryshall alsoprovide upcomingregulated/requiredanalyticaltestingat a negotiatedprice underthis agreement, anexamplewould be microplasticsor new regulationsenactedduringthe duration of this contract. Estimated number of samples included in the Routine section include Potable Wells, Non -Potable Wells, Monitoring Wells, Canal, Treatment, Distribution and Storm Water samples.
timtieurofins Environment Testing
America
Statement of Understanding and Approach
Riverside Public Utilities ( RPU) provides safe, reliable, high-quality water service to more than 300,000 customers within the boundary of the City of Riverside. The water supply is primarily groundwater from the Bunker Hill & Riverside basins. Groundwater is also supplemented with purchased State Project Water and Groundwater that is under the direct influence of surface water GWUDI). The Bunker Hill basin includes several contaminant plumes and a portion of the basin is also designated a Federal Superfund clean-up site. RPU staff undertakes a tremendous set of responsibilities, including sample collection, groundwater treatment plant operations, distribution system operation & maintenance, management of supply blending and compliance reporting to meet Federal and State regulatory requirements.
In consideration of this present circumstance, Eurofins proposes the following approach to a successful new laboratory services contract:
1. Be in close proximity to RPU facilities - We will be opening a Service Center less than 5 miles away from RPU's facility, offering the convenience of same-day responseto supply deliveries and sample pick-ups (or drop off at our facility). Having a service center close to RPU is a clear advantage resulting in less time away from core responsibilities, faster response to requests and decreasing costs for scheduled and unanticipated sampling events.
2. Commit to efficiency and ongoing communication and dialogue with RPU staff — Your Project Manager understands that our day drives daily operational and compliance decisions you make and so we have established systems and staff available to communicate multiple times in the day to ensure RPU is informed concerning the water quality results we produce.
3. Maintain a sufficient capacity— We have extensive sample capacity, with at least 2 instruments and 2 staff members assigned to every major analytical method, which affords us the resources necessary to generate results quickly, on weekends or holidays. As an added contingency, Eurofins can also rely upon our second laboratory, which is also TNI, ELAP, ISO, and UCMR accredited for drinking water analysis.
4. Take measures to ensure consistent reliability — Eurofins QA/ QC Program employs high standards for quality in data and also in information system reliability to ensure that the data you receive best reflects the state of your water quality and is centralized within your WaterTrax database.
5. User -Friendly Data - We know that data is vital to the success of operations. Staff can seamlessly access all of RPU's reports via our new TALS LIMs, enabling faster turnaround times to analyze and interpret data into real, actionable insights. Another critical aspect that Eurofins is committed to providing is reliable on-time delivery of reports to meet RPU' s compliance requirements.
Eurofins remains committed to RPU and is confident we are the best option for supporting your water quality program needs in the future.
4 Eurofins Eaton Analytical
RFP 2159
March 3, 2022
eurofins
Environment Testing
America
Company Information
Eurofins Eaton Analytical, LLC is part of a $ 2 billion environmental testing organization. Our parent company, Eurofins Scientific, is the largest environmental testing provider in Europe. Here in the United States, Eurofins Eaton Analytical serves as the firm's worldwide drinking water testing center of excellence, with two full- service testing facilities ( South Bend, IN & Monrovia, CA) and several Service Centers throughout the country. Eaton
Analytical is recognized as the # 1 testing organization in California and the nation that is dedicated to serving and supporting the drinking water industry.
Eurofins facility that are used to support RPU include:
Monrovia Main Laboratory Service Center
750 Royal Oaks Drive # 100 Located in the Inland Empire Monrovia, CA 91016 5 miles from RPU Facility
Neely Davis, Project Manager Located off the 91 between the 10, 15 60 freeways 626- 386- 1194
Laboratory Certifications
Eurofins laboratories have been audited and accredited by EPA in support of special regulatory programs ( ICR, UCMR and LT2) in each of the last 20 years. We strive to educate ourselves and obtain as much knowledge as our clients. We collaborate with EPA, the State water Board and ELAP on analytical methods, detection limit feasibility relative to proposed regulatory thresholds, best practices and acceptable precision & accuracy. This firsthand collaboration and interaction directly with regulators helps us know the priority for future regulations and our testing capabilities reflect that.
Eurofins is accredited by four primary organizations:
California Environmental Laboratory Approval Program ( FLAP) The National Environmental Accreditation Conference Institute ( TNI) International Standards Organization ( ISO)
U.S. Environmental Protection Agency UCMR5 Approval ( EPA) Eurofins has held ELAP accreditation since the commencement of the program in 1988. Prior to that, we chaired the Association of California Testing ( ACT) Laboratories group and worked closely with State regulators on laboratory approval standards, methods, training and quality systems. Presently, FLAP has worked with Eurofins and other members of the Environmental 5 Eurofins Eaton Analytical
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Laboratory Technical Advisory Committee ( ELTAC) to finalize quality standards for a new TNI - based program that is currently being implemented statewide.
Eurofins is also a TNI -accredited laboratory, hence our involvement and assistance to ELTAC and ELAP with integrating the 2016 TN1 standards into the new State accreditation program. Of course, Eurofins already meets these anticipated new State standards. More than 90% of California laboratories do not qualify for TNI accreditation at the present time.
Eurofins is ISO -accredited as well, according to the latest ISO quality standard ( 17025). As an ISO laboratory, Eurofins has established and maintains standard operating proceduresfor ethics, data integrity, health & safety, staff training & management, facilities integrity and the like. Less than 5% of California laboratories are ISO - accredited.
Finally, Eurofins is EPA -approved to perform testing both the Unregulated Contaminants Monitoring Rule UCMR5 and the Long -Term 2 ( LT2) Enhanced Water Treatment Rule. Both of these accreditations require extensive and ongoing documentation of instrumentation, staff qualifications & experience and quality -specific project plans to support both regulatory program.
Eurofins is presently EPA -approved for all UCMR5 methods and all LT2 methods. No other California laboratory can claim such certification status and coverage.
Our extensive list of Federal and State accreditations reflects our commitmentto quality, above and beyond the minimum requirements. Theses extensive accreditations and approvals also subject Eurofins to frequent on-site audits, blind proficiency testing and quality documentation through the year, in contrast to most laboratories that are audited or evaluated by the same regulatory agency every two or three years.
A final component of our comprehensive Certification program is our long-term, excellent performance an external Proficiency Test ( PT) studies, QC checks, and research studies.
Eurofins has scored more than 98% correct on EPA Water Supply PTs for over 15 years running.
In additionto r party PTs, we also use an internal blind performanceevaluation sample program to monitor problems and to verify proficiency of all analysts.
Copiesof our laboratorycertifications, UCMR5Lab Approvalsand our lastWater Supply PTsare included with this proposal submission.
Reliability and Responsiveness
Eurofins maintains a high degree of reliability and responsivenessthrough its Quality Assurance Program ( QAP), which is modeled after the EPA Lab Certification Manual for Drinking Water Laboratories and 1SO 17025. Our program follows a logical work sequence and employs a number of criteria to reflect our commitment to generating high quality, legally defensible analytical data in user-friendly formats. The QAP reflects our overall philosophy which is to ensure accurate legally and scientifically defensible data for our customers. The QAP is on its 45th revision and is reviewed at least annually to ensure that it reflects current laboratory protocols. 6 Eurofins Eaton Analytical
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The Eurofins QAP reflects the following policies to assure quality accuracy, precision and timeliness:
Formalized, validated analytical and operational standard operating procedures (SOPs).
Annual demonstrations of capability and method detection limits for all compliance tests.
Ongoing checks to ensure the use of current and acceptance standards.
Use of minimum reporting levels that are at or above the lowest calibration standard and also above the method detection limit to help foster a high degree of data accuracy.
Strict adherence to chain of custody procedures and sample documentation.
Calibration levelsthat are established at or belowfederal triggers for increasedmonitoring.
Multiple data reviews at the peer, supervisor, independent QA validator and project management levels.
Use of sophisticated queries for data storage, retrieval, interpretation, control charting and early warning of preliminary results inconsistent with sample history or exceeding regulatory thresholds.
Data mining and query by location, date or constituent for clients from our LIMS.
Prequalified subcontract laboratories for subcontracted analyses + contingency for tests performed in- house.
Evaluations of client preliminary data in the context of historical trends to enable us to alert our lab supervisors or customers proactively concerning data concerns.
To support our QA policies, Eurofins has also established a comprehensive Ethics and Data Integrity Program. The program contains all of the features outlined in the current 2009 NELAC Standards, included in the following:
Code of Ethics Annual Training
LaboratoryData Integrity Plan
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A AC'Swudard1003- EJ rnreLave 07,01!.'007
Annual Staff Training and testing concerning ethical standards and practices.
An Open Door policy to support and encourage reporting of violations to the program or policies.
Investigation and Corrective Action plan including root causes and resolution to eliminate deviation from the program.
People are Eurofins' most valuable asset - their safety and health our greatest responsibility. It is, therefore, the goal of our firm that every employee be provided a safe and healthful work environment. Laboratory operations differ from industrial operations in their use and handling of hazardous chemicals. Laboratories usually handle large numbers of hazardous chemicals in relatively small amounts. Laboratory work is also generally done by or under the supervision of highly trained personnel. OSHA has recognized the uniqueness of laboratory operations and promulgated a standard that regulates the occupational exposure to hazardous chemicals in laboratories. In consideration of the OSHA standards, Eurofins has established a comprehensive Chemical Hygiene Plan ( CHP) to outline safe working conditions for its employees. It is our desire and intention to provide a safe workplace, safe equipment, proper materials, and to 7 Eurofins Eaton Analytical
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establish safe methods and practices at all times. Our CHP meets this goal and is reviewed and updated annually to maintain its relevance for our organization.
To further our responsiveness to RPU, Eurofins has established a comprehensive Emergency Action Plan (EAP) detailing what we do in the event of a natural or man-made emergency. Our EAP complies with OSHA Standard 29 CFR 1910. 38.
The procedures describe the emergency alert system, evacuation procedures, response to severe weather conditions, and response to chemical and biological spills. All laboratory personnel are required to participate as requested in emergency response training to help them to respond safely in the event of an emergency. Key EPA features include:
Incorporation of current OSHA and other regulatory requirements into the manual evaluated/ updated annually)
Designation of staff required to remain operating key laboratory functions in the event of an emergency
Annual training of all staff to ensure procedures are followed To further ensure responsiveness to RPU, Eurofins has established the following mechanisms which establish our availability in support of your mission to serve drinkable water and keep customers informed concerning water quality 24 hours a day, 7 days a week:
Monrovia Laboratory is open on weekends and holidays
Inland Empire Service Center will be open Monday — Friday from 8:00 am — 4: 00 pm, ensuring quickest sample receiving and pickup of sample containers Project Manager ( Neely Davis) available by phone or e-mail 24-7 O
Project Manager Contingency ( Rachelle Arada) available to step in when Project Manager is unavailable
Microbiology & Chemistry notification contacts (primary & contingency) to ensure a person picks up on our end
Laboratory facility located outside of California and available to provide analytical contingency for all methods
Finally, to facilitate rapid sharing of water quality data with RPU, Eurofins implements a data capture utility ( DCU) to transfer data directly from instrument to LIMS and forward these preliminary" results for certain critical constituents as soon as they are available. We employ a rigorous data reduction/ validation process to present defensible values on final reports with qualifiers ( as needed) within the contractual turnaround time we' re committing to. 8 Eurofins Eaton Analytical
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Instrumentation
Eurofins employs two analysts and more than four instruments for every major analytical method we offer. This unprecedented analytical resource affords us the capability of processing large sample batch sizes or providing rapid analysis turnaround times for special projects without major disruption to our operation and also in the event of emergency.
Eurofins has a large inventory of instrumentation and significant capacity to handle large, high volume projects. Our equipment has been selected from reputable manufacturers based upon reliability, ease of operation and maintenance, and accuracy. The instruments are maintained and calibrated in accordance with the lab's Quality Assurance Program. Our instrument -maintenance programs ensure reliable service for a high volume of analyses. Each piece of equipment receives preventative and scheduled maintenance as recommended by the methodology or manufacturer' s instructions. Logbooks document the maintenance activities for each instrument.
Instrument calibrations conform to the specifications of the method or protocol being performed and are documented as required.
Testing Category Analysts Instruments Monthly Sample Capacity Bacteriology 4 4 19, 000 samples
Asbestos 2 1 400 samples
General Chemistry 8 8 1, 000 samples
Nutrients 4 4 6, 000 samples
Metals 6 7 3, 200 samples
Perchlorate 2 3 800 samples
Radiochemistry 3 6 200 samples
TOC/ TOX/ UV 2 3 800 samples
Disinfection By -Products 8 8 2, 000 samples
Volatile Organics 4 8 2, 400 samples
Synthetic Organics 8 8 9, 000 samples
Nitrosamines 2 2 600 samples
Emerging Contaminants 7 6 700 samples
Semi - volatiles 4 7 4, 500 samples
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Turnaround Times
Final analytical results will be reported within two -weeks ( 10 Working Days) or an alternative turnaround time agreed upon by both parties.
The following schedule applies to expedited delivery and delivery during non-standard hours:
4 Rush Surcharge
Results in 5 working days 50%
Results in 3 working days 60%
Results in 2 working days 75%
Results in 1 working days 100%
Surcharges do not apply for routine/ scheduled microbiological, treatment plant parameters and 10thof the month reporting.
Item : - Unit Price,:?
Weekend/ Holiday
Delivery, Pick Up or
Sample Receipt
1. 50 x listed unit price
Weekend/ Holiday
Analysis or Reporting
2. 00 x listed unit price
Distance from RPU
We will be opening a Service Center less than 5 miles away from RPU's facility. To minimize transportation time, the location of this new service center will avoid highly congested freeways and intersections, off State Route 91 between the 15 and 60 freeways.
RPU will benefit from the convenience of same- day response to supply deliveries and sample pick-ups (or drop off at our facility). Staff will have onsite access to sample containers preserved if needed), blank water, coolers and wet ice. In addition, your Point of Contact will be able to manage order requests ( quotes), generate and fulfill kit orders, schedule courier pick-ups and coordinate sample delivery to the analyzing lab(s). 10 Eurefins Eaton Analytical
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We are pleased to share our preferred
location for our upcoming Service Center
facility. A tour of the facility can be scheduled
for RPU colleagues to view the property and
provide feedback.
Address: 6930 Indiana Ave Suite 1,
Riverside, CA 92506
2. 2 Miles from 2911 Adams St,
Riverside, CA 92504
2. 8 Miles from 3854 Mulberry St,
Riverside, CA 92501
Dedicated parking for loading/ unloading
Corner unit
lksqft
RPU Treatment Plan;
2.854 Mulberry S1, Riverside, CA 92501
Eurofins Service Center
8930 Indiana Ave Suite 1, Riverside, CA 92506
RPU Operations Center
2911 Adams St, Riverside, CA 92504
The Eurofins laboratory located in Monrovia, CA operates from 8: 00am - 5:00pm Monday through Friday and maintains staff availability for courier, login and analytical services on weekends, holidays and after hours. Samples are couriered from the service center to the laboratory affording us same day delivery once the samples are received.
Service Center will be open Monday through Friday 8:00 am — 4: 00 pm.
Ott 1'4
417
91T33
Sample Receiving
Our Inland Empire Service Center will be the closest and most convenient location for your staff to obtain sampling supplies and deliver samples for analysis. The laboratory is located in Monrovia, CA, which is approximately 45 miles from our service center. Samples will be couriered from the service center to the laboratory twice a day, affording us the same-day delivery once samples are received, meeting short holding times and quick TAT.
Eurofins inspects all samples upon receipt. We contact RPU immediately whenever samples are received with breakage, leakage, inverted septa or air bubbles ( for Volatile samples), incorrect containers, wrong preservatives, missing container labels, incomplete paperwork or excessive temperature. Each cooler temperature is measured and recorded on the sample custody form.
Tracking numbers are then assigned to each sample and scheduled for analysis. Analytical Departments are notified to retrieve any samples with short holding times or samples requiring rush turnaround times so processing can commence immediately. Remaining samples are stored at 4° C in walk- in refrigerators. Temperatures in all cold storage areas are measured twice each 11 Eurofins Eaton Analytical
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day to ensure required temperature is maintained ( TNI standard 5.5.3). Volatiles samples are segregated in separate refrigerators to prevent cross - contamination.
Sample containers for all analyses except certain
microbiological methods are purchased in batches, pre - cleaned by each vendor according to EPA guidelines. Every batch is associated with a lot number, identified on each container and tracked to trace any contamination that might originate with the vendor. All Volatiles and Metals lots are tested additionally at Eurofins to verify the absence of contamination. When required by the method, containers are preserved by according to CFR 136- 149 and the Manual for the Certification of Laboratories ( 5th edition). Only reagent grade ( or HPLC - grade) water and preservatives are used. Pre - labeled containers are included with ice packs, packaging material, customized custody form and kit inventory for every entry point, plant effluent and set of source and/ or distribution system sample sites. Foam inserts and color coded caps are used to provide a user-friendly mechanism to complete these complex sampling requirements. The pre -labeling of containers eliminates unnecessary time spent in the field documenting sample site information. Sample Kits can be delivered all at once each month, on a weekly basis or as requested by the customer.
Level I chain of custody is adhered to while your samples are in our possession. Eurofins is a secured building, with pass key access and locked refrigerators. Custody documentation is maintained on the Custody Form, on Run Logs and/or Bar Codes to indicate where the samples are located at all times. Samples are disposed of after 30 days when holding times expire or according to other requirements as requested by our clients.
Example Report
Final report deliverables include all of the following:
Signed Cover Page with Project Name and Title referenced Sample Acknowledgement
Chain of Custody
Hits Report Summary with comparison to regulatory limits Sample Results with collection, receipt and analysis dates referenced
Report Comments/ Narrative
QC Summary
Batch QC Report ( lab control spikes, matrix spikes, MRL check, method blank, surrogates)
State Forms (for Title 22 drinking water)
EDD ( Watertrax- compatible file)
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Sample Pre -Log
A feature of our online data management system is the capability to pre -log samples with specific reporting and other criteria. As an example, a weekly sample group for the Tippecanoe Treatment Plant, all samples are codes with the appropriate sample ID to facilitate Watertrax EDT, compliance samples are also coded to facilitate State EDT and specific samples can be tagged with special MDL reporting,
Another useful feature is how we manage our compliance reporting and/or Preliminary Notification to the client ( via e-mail) for any hits above a specified threshold.
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Invoices include each of the following data elements:
Project and Sample Group reference
Sample Identification
Test( s) Completed
Unit and Extended Cost
Total Cost
Contract or Purchase Order reference
Client Portal
Eurofins maintains a secure, online account for your access all project - related documents. Any designated representative may use project -specific or " master" ID and password to access our web site where PDF versions of the project documents can be accessed. a
PlAhl
All report documents are delivered electronically
via PDF e-mail link. Any one of a number of your
or 31dparty staff may be designated to receive
COCs, acknowledgements, reports and/ or
w= tiz- '
z I invoices for specific projects. Our LIMS system
organizes your data by project, allowing for
project - specific reporting & billing. This also
facilitates data mining for project -specific analyze histories or regulatory reports. 13 Eurofins Eaton Analytical
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Eurofins' LIMS provides real time data queries by project, sample location, analytical parameter andlor data range. This feature is useful for summary data reporting ( i.e. CCR) and
source/ system trending. Project status can also be tracked in real time to determine the progress of logins, analysis and reporting.
Report Examples
included herein are example reports for weekly Bacteriological and weekly Chemical reports.
Sampling Services
Eurofins can offer as -needing professional and experienced field sampling services. RPU will coordinate with their assigned project manager to schedule sampling to ensure our primary or two backup samplers are available to support.
RPU Staff Development
Training will be offered complimentary to RPU staff. Eurofins employs subject matter experts in Analytical Methods, Field Sampling, Regulations, Health & Safety, and Quality Assurance & Control. In addition, all Eurofins instructors are state - approved to issue contact professional development hours.
Fee Schedule
Eurofins standard fee schedule is included herein for your reference. We offer analysis for almost 500 individual compliance, operational and/ or emerging parameters in support of public water system water quality testing.
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EXHIBIT " B"
COMPENSATION
tiff eurofins Environment Testing
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Pricing
Included in this section is a completed, itemized Exhibit C fee schedule that included subtotals and a grand total offer. Fees are subject to change during the course of any final contract negotiation, should RPU choose to engage with Eurofins and/ or request our price adjustment as part of a final contract. If there is a need to resample due to error in the analysis, such as a missed holding time, broken or lost sample, unmet QC objective, etc. as a result of an error on the part of Eurofins, RPU will be notified immediately and resample analysis will be conducted expeditiously and at no charge to RPU.
Miscellaneous Items
The following non -analytical services are included for your consideration:
Item Unit Price
Sample Containers, preserved and pre - labeled with RPU site names No Charge Coolers, Ice Packs, Sampling Instructions, Additional Containers No Charge Customized Custody Forms with RPU site names No Charge
Courier Delivery, Pick -Up or Drop Off at Service Center No Charge Preliminary Reporting Summary ( daily) No Charge
Results + Batch QC ( blanks, spikes, surrogates, MRL checks) No Charge Watertrax EDT No Charge
State Water Board Write - On database EDT No Charge
EPA CDX EDT ( for UCMR4) No Charge
Web Data Files and Archive No Charge
Monthly Custom Invoicing No Charge
Field Sampler Rate $ 1001 hour
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Other Surcharges
The following schedule applies to expedited delivery and delivery during non-standard hours:
Item Rush Surcha
Results in 5 working days 50%
Results in 3 working days 60%
Results in 2 working days 75%
Results in 1 working days 100%
Surcharges do not apply for routine/ scheduled microbiological and treatment plant parameters.
Item Unit Price
atIA
Weekend/ Holiday Delivery, Pick Up or Sample Receipt 1.50 x listed unit price Weekend/ Holiday Analysis or Reporting 2. 00 x listed unit price 23 Eurofins Eaton Analytical
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Exhibit C
City of Riverside 111P2159Fee Schedule
RFP 2159: Exhibit C - Fee Schedule
Routine Monitoring ( annual estimate, actuals can be more or less Analysis Method Qty. Price Total
Cl Residual ( Field) Provided on COC 6072
pFI ( Field) Provided on COC 6072
Temperature ( Field) Provided on COC 6072
Bacti ( P/ A) 6400 8.00 51 200. 00
Bacti (Quantittay) 440 10.00 4400. 00
1-ieterotrophic Plate Count ( 1 -IPC) 6800 6.00 40 800. 00 EDB/ DBCP EPA 504 480 40.00 19200. 00
EDB/ DBCP 3 day 0.1131-1 (include Rush Charge) 840 55. 00 46 200. 00 VOCs EPA 524 500 50. 00 25 000. 00
VOC - PCE & TCE Only EPA 524 20 40. 00 800. 00
VOC - PCE & TCE Only 3 day RUST -I (include RushCharge) EPA 524 1000 45. 00 45 000. 00 1, 2, 3 -TCP EPA524- M1100 60.00 66 000. 00
1,2,3 -TCP 3 dayRUSH (include Rush Charge) EPA 524- M 1100 75. 00 82 500. 00 Total Trihalomethaues EPA 524 48 40. 00 1920. 00
Haloacetic Acid 48 60. 00 2 880. 00
Total Organc Carbon ( IOC) _ 48 25. 00 1 200. 00
Nitrate ( NO3- N) 920 10. 00 9 200. 00
Nitrite ( 4O2 - N) 1 10. 00 10. 00
Low Level Perchlorate EPA 331 or 332 2000 40. 00 80 000. 00 Low Level Perchlorate 3 Day RUSH ( include RUSI-1 charge) EPA 331 or 332 650 75. 00 48 750. 00 Perchlorate ( DLR of 4) EPA 314 10 25. 00 250. 00
Hexavalent Chromium ( Cr6) 60 40. 00 2 400. 00
Arsenic 25 10. 00 250. 00
Iron & Manganese 105 20. 00 2100. 00
Lead & Copper 60 20. 00 1 200. 00
School/ChildCareLeadTesting 300 10. 00 3 000. 00
pH 4 5. 00 20. 00
General Mineral Various 180 85. 00 15300. 00
Inorganic Chemical Various 180 120. 00 21 600. 00
GeneralPhysical (Color, Odor, Turbidity) Various 620 15. 00 9 300. 00 Total Dissolved Solids ( MS) 8 10. 00 80. 00
Total Suspended Solids ( TSS) 8 10. 00 80. 00
Pesticides EPA 508 45 75. 00 3 375. 00
Herbicides EPA 515 45 75. 00 3 375. 00
Regulated SOCs EPA 525 55 150. 00 8 250. 00
Atrazine & Simazineonly EPA 507 or 525 40 90. 00 3 600. 00 Carbamates EPA 531 45 75. 00 3375. 00
Glyphosate EPA 547 45 75. 00 3 375. 00
Enelothall EPA 548 45 75. 00 3 375. 00
Dioxin ERA 1613 45 175. 00 7 875. 00
Diquat EPA 549 45 75. 00 3 375. 00
Asbestos 50 150. 00 7500. 00
Gross Alpha 252 40. 00 10 080. 00
GrossAlpha 5 day RUSH (include Rush Charge) 48 75. 00 3 600. 00 Raritan 300 15. 00 4500. 00
Radium 226 45 75.00 3 375. 00
Radium 228 45 75.00 3 375. 00
Acrolcin & Acrylonitrile EPA 624 54 75.00 4 050. 00
Total inorganic Nitrogen ( l' IN) 4 25.00 100. 00
97- 005 list* 8 4000. 00 32 000. 00
Anions 60 20. 00 1200. 00
Nitrosamines EPA 521 55 150. 00 8250. 00
Microplastics 50 500. 00 25 000. 00
PFAS EPA 537. 1 380 175. 00 66 500. 00
PFAS - Extract Only ( Field Blank) EPA 537. 1 50 75.00 3 750. 00 Dissolved Oxygen 15 10.00 150. 00
Specific Conductance 15 5.00 75. 00
Boron 15 10. 00 150. 00
Turbidity only 8 5.00 40. 00
Seeattached97-005 list and include pricing for all analyses UCMRS ( 4 ttnatters 1 entry point
Total 794 310. 00
Analysis Method Qty. Price Total
PEAS EPA 533 4 250. 00 1 000. 00
PEAS EPA 537. 1 4 150. 00 600. 00
Lithium EPA 200. 7 4 25. 00 100. 00
Total
1 of 2
1 700. 00
Turn Around Time ( TAT
Exhibit C
City of Riverside RFP1794 Fee Schedule
Rush Surcharec
Routine TAT 095
5 Day Rush 50a/
3 Day Rush 60%
2 Day Rush 75%
1 Day hush l00%
SameDay (tush 200%
Miscellaneous Fees
Description Qty Price Total
Prelabeled bottles in cooler with icepacks 1 No Charge No Charge SamplePick Up 1 No Charge No Charge
SampleBottle Delivery 1 No Charge No Charge
List anyother anticipatedfeeshere, i.e. sampledisposalfee, TravelBlankanalysisfee etc. ( Ok to add lines.) 1
Please attach a standard price list for alt other analytes Grand Total
2 of 2
Total
796 010
EXHIBIT " C"
KEY PERSONNEL
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Company Personnel
Presently the lab employs over 140 permanent professional staff operating in a 34,000 square foot of analytical space. We have a $ 1M per year capital budget to fund new testing equipment, support key staff hires, expand our emerging contaminants research, improve information systems and expedite data delivery.
Eurofins is the recognized leader in drinking water regulatory testing. Our strengths include regulatory knowledge and methods development. Our staff is actively involved in regulatory program development and analytical methods. We work extensively with agencies at the Federal and State level as a laboratory testing stakeholder, assisting with analytical methods development, detection limits, quality assurance procedures and ongoing research. Our staff regularly attends AWWA, ACWA, ELTAC, TIN, WEF, WateReuse Association and other industry related conferences and workshops as attendees, presenters, donors and sponsor' s.
Lead Project Staff
The following lead project staff offers an unparalleled technical resource to support of RPU' s compliance monitoring programs:
Project Manager Enrolled in cert program 4 4
Client Services Manager B.S. Accounting 23 2
Ms. Neely Davis will serve RPU as Eurofins' assigned Project Manager. Ms. Davis has 4 years of industry experience in project management. She works in our Monrovia Laboratory and will be responsible for fulfilling all kit order requests, coordinating front- end logistics ( deliveries, pick- ups, drop offs) and ensuring reporting of analytical data, reports and invoices correctly and on time.
Neely approves all logged orders, review all final results and sign off on all reports, Watertrax EDDs and invoices.
Neely will work with Lisa Louis, our Microbiology Manager, to quickly learn historical values. They will ensure that appropriate RPU personnel are contacted when a potential sample is positive for total coliform, positive for E. coli, a Heterotrophic Plate Count is over 500 CFU, and/ or MCL exceedance for 7th and Chicago compliance samples.
As an added measure of management oversight, Ms. Rachelle Arada supports Neely on a contingency basis and will provide management of the project and direct interface with each of our laboratory department supervisors when needed. Both Neely and Rachelle have a thorough understanding of your monitoring and reporting requirements, are aware of pending EPA and State Water Board regulations and successfully overseen compliance projects for several CA agencies.
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Ms. Arada has over 23 years of industry experience, including 2 years as an employee of Eurofins.
Her proficiencies are strong in client maintenance, sales, staff training and development. Ms.
Arada is customer oriented team player with skills at all level of project managementincluding cost estimates, orders, sample check- in, data review and project follow up. As Client Services Manager her primary focus is to maintain client relations and provide exceptional client service within her team of Analytical Service Managers. Ms. Arada has a Bachelor' s of Science in Bachelor of Science in Accounting from the University of Santo Thomas, Philippines.
An additional layer of support will provided by Ms. Lauren Collins, Eurofins Account Manager.
She will routinely meet with RPU staff to ensure feedback is received and translated into performance improvement on the part of Eurofins.
Support Staff
The following support staff maintains Eurofins's comprehensivetesting capability and capacity to successfully meet RPU' s compliance monitoring deadlines:
Name Position
Degree/
Discipline
Years of
Experience
Years with
Eurofins
Colin Walters President M. S. Business Admin 18 2
B.S. Accounting
Eddie Rodriguez Laboratory Director BS Chemical Engineering 33 2 Rick Zimmer Technical & MBA BS Criminal Justice 30 30
Regulatory Advisor
Nilda Cox Quality Assurance BS Chemistry 41 27
Manager
Marnellie Ramos Organics Manager BS Chemistry 20 3
Walter Hsieh Inorganics Manager BS
ChemistryMEM 22
Lisa Louie Microbiology Manager BS Microbiology 6 5
Subcontractors
For RPU samples, we only propose to subcontract < 1% of the total project requirements to:
Eurofins Eaton Analytical, in South Bend, IN, CA Cert No. 2920.
Analytical Tests to perform: Backup for all Drinking Water methods Eurofins Calscience, Inc. in Tustin, CA, CA Cert No. 2944.
Analytical Tests to perform: Acrolein & Acrylonitrile by 624, SVOCs by 8270 Eurofins St Louis in Earth City, MO, CA Cert No. 2886.
Analytical Tests to perform: Polonium 209, Cerium, Rubidium, Thorium 16 Eurofins Eaton Analytical
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