City of Simi Valley
Staff Report
August 24, 2026
To: City Council
From: Public Works Department
Jay Spurgin, Interim Public Works Director
Subject: Award a contract to Aquatic Bioassay & Consulting Laboratories, Inc. , to conduct an annual bioassessment at the Water Quality Control Plant
Staff Recommendation
It is recommended that the City Council:
1. Award a professional services contract (Attachment A) to Aquatic Bioassay & Consulting Laboratories, Inc. (ABC Labs) in the amount of $114,359 to conduct annual bioassessment at the Water Quality Control Plant (WQCP) for a period of five (5) years; and
2. Ratify the City's prior engagement of ABC Labs for bioassessment monitoring services performed since 2019 in the amount of $115,830.
Background
Bioassessment monitoring is required under the WQCP's National Pollutant Discharge Elimination System (NPDES) Permit (CA0055221), including analysis of macroinvertebrate assemblages and physical habitat conditions in the Arroyo Simi. These assessments are necessary to demonstrate that the City's WQCP discharge remains protective of the receiving water, as required by the Clean Water Act.
ABC Labs is the only Environmental Laboratory Accreditation Program (ELAP) -certified laboratory in the region qualified to perform the specific bioassessment services required by the City's NPDES Permit. Neighboring agencies, including Thousand Oaks, Camarillo, Oxnard, and Ventura, also rely exclusively on ABC Labs to perform their NPDES-required bioassessment monitoring due to the laboratory's unique certification and specialized expertise.
Discussion
On May 26, 2026, the City received a proposal from ABC Labs in the amount of $114,359 to complete annual bioassessment required for the City’s NPDES Permit . The work includes sampling benthic macroinvertebrates and attached algae, conducting water chemistry measurements, and performing physical habitat assessments at two
Agenda Item No.
Consent (7)
monitoring locations upstream and downstream of the WQCP effluent discharge. All field sampling and laboratory analyses will be performed in accordance with Surface Water Ambient Monitoring Program (SWAMP) protocols and the requirements of the City's NPDES Permit. ABC Labs will also evaluate physical habitat conditions using the Index of Physical Habitat Integrity (IPI) and prepare a comprehensive report that includes statistical analyses, graphics, tables, and conclusions.
ABC Labs has provided these services for the City since 2019 and possesses the technical expertise and historical knowledge necessary to ensure consistency with prior monitoring efforts and compliance with permit requirements. Since 2019, the City has expended a total of $115,830 for these services through individual annual purchase orders. Although the annual expenditures remained below the City Council approval threshold, the City continued to retain ABC Labs for these specialized services beyond five years . While the Simi Valley Municipal Code (SVMC) § 2-9.110(b) requires City Council approval for contracts with terms longer than five years, including optional renewals, the prior services were provided through individual annual purchase orders rather than a single multi -year agreement. Given the length of the relationship and the cumulative expenditures, staff believes it is prudent for the City Council to ratify the prior engagements and approve a formal agreement for services going forward.
In accordance with SVMC Section 2- 9.303, the City Council is authorized to award professional services contracts over $100,000. Because the proposed contract amount is $114,359, City Council approval is required.
Staff recommends awarding the contract to ABC Labs based on its demonstrated performance, specialized expertise, extensive experience conducting the City's NPDES- required bioassessment monitoring since 2019, and its status as the only ELAP-certified laboratory in the region qualified to perform the required services.
Financial Impact
The total cost is $ 114,359 for five (5) years. The cost for the first year of this action is included in the FY 2026-27 Sanitation operating budget (Fund 700). The costs for years two (2) through five (5) (Exhibit B of Attachment A) will be included in the Public Works Sanitation division (Fund 700) operating budget as part of the annual budget process for City Council consideration.
City Council Priority
This item supports the Reliable Infrastructure Pillar of Excellence.
Suggested Motion
I move to:
1. A ward a professional services contract to ABC Labs in the amount of $114,359 to conduct an annual bioassessment at the WQCP for a period of five (5) years; 2 2. Ratify the City's prior engagement of ABC Labs for bioassessment monitoring services performed since 2019 in the amount of $115,830.
Summary
Bioassessment monitoring is required under the WQCP's NPDES Permit, including analysis of macroinvertebrate assemblages and physical habitat conditions in the Arroyo Simi. These assessments are necessary to demonstrate that the City's discharge remains pr
otective of the receiving water, as required by the Clean Water Act. Staff recommends that the City Council award the attached professional services contract to ABC Labs in the amount of $114,359 to conduct an annual bioassessment at the WQCP for a period of five (5) years, and ratify the City's prior engagement of ABC Labs for bioassessment monitoring services performed since 2019 in the amount of $115,830.
Prepared by: Matt Mckenna, Senior Management Analyst
Attachments
Attachment A - Contract
3 A ttachment A
AGREEMENT NO. 3270019
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF SIMI VALLEY AND
AQUATIC BIOASSAY & CONSULTING LABORATORIES, INC.
FOR BIOASSESSMENT SAMPLING, ANALYSIS, AND REPORTING
T
HIS AGREEMENT is entered into this 24th day of August 2026, by and between the CITY OF SIMI VALLEY, a municipal corporation and general law city (“CITY”) and AQUATIC BIOASSAY & CONSULTING LABORATORIES, INC., a California corporation (“CONSULTANT”).
1. CO
NSIDERATION.
A. A
s partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below;
B. A
s additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. A
s additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed $114,359 for CONSULTANT’s services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit “B,” which is incorporated by reference.
2. SC
OPE OF SERVICES.
A. C
ONSULTANT will perform services listed in the attached Exhibit “A,” which is incorporated by reference.
B. C
ONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement.
3. P
ERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance utilized by persons engaged in providing similar services. CITY will continuously monitor CONSULTANT’s services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to 4 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
c
ure any shortcomings to CITY’s satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT.
4. PA
YMENTS. CITY will pay CONSULTANT in accordance with the schedule of fees in Exhibit “ B”. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit “B”) the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date.
5. NO
N-APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDI
TIONAL WORK.
A. CI
TY’s City Manager (“Manager”) may determine, at the Manager’s sole discretion, that CONSULTANT must perform additional work (“Additional Work”) to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work.
B. I
f CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost.
C. P
ayments over $114,359 for Additional Work must be approved by CITY’s City Council, Manager or Department Head as provided in title 2, chapter 9 of CITY’s municipal code. All Additional Work will be subject to all other terms and provisions of this Agreement.
7. F
AMILIARITY WITH WORK.
A. B
y executing this Agreement, CONSULTANT agrees that it has:
i. C
arefully investigated and considered the scope of services to be performed;
5 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
ii. C
arefully considered how the services should be performed; and iii. U
nderstands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
B. I
f services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT’s own risk until written instructions are received from CITY.
8. T
ERM. The term of this Agreement will be from August 24, 2026 to August 23, 2031.
Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances:
A. C
ompletion of the work specified in Exhibit “A”;
B. T
ermination as stated in Section 16.
9. T
IME FOR PERFORMANCE.
A. C
ONSULTANT will not perform any work under this Agreement until:
i. C
ONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and
ii. C
ITY gives CONSULTANT a written notice to proceed.
B. S
hould CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT’s own risk.
10. T
IME EXTENSIONS . Should CONSULTANT be delayed by causes beyond CONSULTANT’s control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty- eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement’s schedule. The Manager will extend the completion time, when appropriate, for the completion of the contracted services.
11. CO
NSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this 6 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below:
Exhibit A – Scope of Work
Exhibit B – Pricing Information
12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number.
14. PERMITS AND LICENSES . CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY’s review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT’s performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY’s mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT'’ own cost; CITY will not be obligated to compensate CONSULTANT for such work. 7 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY’s option, become CITY’s property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.
17. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY. Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT (collectively, “Documents”) under this Agreement are CITY’s property. CONSULTANT may retain copies of such Documents as desired but will deliver all original materials to CITY upon CITY’s written notice. CITY agrees that use of CONSULTANT’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY’s own r isk. CONSULTANT warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, CONSULTANT understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to CITY and representing it as CONSULTANT’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, CITY specifically rejects ownership of such Documents. CONSULTANT is required to indemnify and defend CITY to the fullest extent allowed by applicable law should it violate this Section.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY’s prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
8 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
A. CONSULTANT agrees to the following:
i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY’s request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT’s officers, agents,
employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY’s sole negligence or willful misconduct.
ii. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY’s sole negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY’s request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT’s professional services.
CONSULTANT’s attempts to assign the benefits or burdens of this Agreement without CITY’s written approval are prohibited and will be null and void.
9 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY.
CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees.
Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcr ipt therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
C ommercial general liability: $2,000,000
Professional Liability $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO-CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on 10 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” CONSULTANT will continue to renew the insurance for a period of three (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out o f any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.”
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT’s expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or ter minate pursuant to Section 16.
G. Self-Insured Retention/Deductibles. All policies required by this Agreement must allow CITY, as additional insured, to satisfy the self -insured retention (“SIR”) and deductible of the policy in lieu of CONSULTANT (as the named insured) should CONSULTANT fail to pay the SIR or deductible requirements. The amount of the SIR or deductible is subject to the approval of the City Attorney and the Risk Manager. CONSULTANT understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONSULTANT as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CITY’s behalf upon the CONSULTANT’S failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any ac tion against 11 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
CONSULTANT for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
24. USE OF SUBCONTRACTORS . CONSULTANT must obtain CITY’s prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
If to CONSULTANT:
If to CITY:
Attention: Joe Freas Attention: Al Sexton
Aquatic Bioassay & Consulting
Laboratories, Inc.
City of Simi Valley
29 North Olive Street 2929 Tapo Canyon Road
Ventura, CA 93001 Simi Valley, CA 93063
(805) 643-5621 (805) 583-6401
[email protected] [email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST . CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY’s conflict of interest regulations.
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT’s bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT’s bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability.
12 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
29. THIRD PARTY BENEFICIARIES . This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT’s or CITY’s obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are two (2) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s M anager, or designee, may execute any such amendment on behalf of CITY.
36. ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, Agreements ancillary to this Agreement , and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
13 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ reasonable control, then the Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY.
[SIGNATURES ON NEXT PAGE]
14 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
IN WITNESS WHEREOF , the parties hereto have executed this Agreement the day and year first hereinabove written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Aquatic Bioassay & Consulting
Laboratories, Inc.
By:
Algeria R. Ford, City Attorney
Print Name: Joe Freas
Approved as to Content: Title: President
By:
Samantha C. Argabrite, City Manager
Print Name: Karin Wisenbaker
Title: Senior Scientist
Johanna Medrano,
Deputy Administrative Services Director/
Budget & Purchasing
Jay Spurgin,
Interim Public Works Director
15 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
EXHIBIT A – SCOPE OF WORK
Contractor to provide bioassessment sampling, laboratory analysis, physical habitat evaluations, and water quality monitoring for Arroyo Simi to satisfy federal and state permit monitoring requirements under the National Pollutant Discharge Elimination System (NPDES) regulations on behalf of the City of Simi Valley.
16 City of Simi Valley
Agreement No. 3270019
Aquatic Bioassay & Consulting Laboratories, Inc.
EXHIBIT B – PRICING INFORMATION
17 Simi Valley Water Quality Control Plant
Bioassessment Price Quote
Valid thru March 2030
Project Assumptions
1 2
3 4
5 6
7 Sampling Rate
No.
Personnel Hrs/Day
Item
total
No. of
Events/
Days Total Sub Total
2026
Phase
Total
2027
Phase
Total
2028
Phase
Total
2029
Phase
Total
2030
Phase
Total
Mobilization $630 $600 1 $600 $600
Bioassessment (2 sites, includes BMIs + attached algae) Senior Biologist $182 1 9 $1,638 1 $1,638
Biologist $153 1 9 $1,377 1 $1,377
Lab Technician $119 2 9 $2,142 1 $2,142
Equipment1. $278 1 $278
Mileage (charged at 0.73¢ per mile (~70 miles round trip) $0.73 70 1 $51 DFW Scientific Collection Permit Amendment $199 $199 $5,685 $6,285 $6,599 $6,929 $7,275 $7,639 Laboratory Analysis
Price/
Sample Qty/Event
Item
total
No. of
Events Total Sub Total
Benthic Macroinvertebrates (2 sites)
BMI 600 Count (Sorting and ID, SAFIT Level 2a) $1,323 2 $2,646 1 $2,646 BMI QC: to DF&W Rancho Cordova (1 sample) $1,063 $1,063 $3,709 Attached Algae (2 sites, 1 field duplicate per event)
Diatom/Algae ID & Enumeration $977 2 $1,954 1 $1,954
Soft Body Algae ID & Enumeration $977 2 $1,954 1 $1,954 Chlorphyll a & Ash Free Dry Weight (AFDM) $168 2 $336 1 $336 $4,244 $7,953 $8,351 $8,769 $9,207 $9,667 Reporting Rate
No.
Personnel
Number of
Hours
Item
total Sub Total
CEDEN/SWAMP Reporting (Biology & Chemistry)
Senior Biologist $182 1 4 $728 $728
Senior Scientist $209 1 10 $2,090
Senior Biologist $182 1 20 $3,640 $5,730 $6,458 $6,781 $7,120 $7,476 $7,850 TOTAL $20,696 $21,731 $22,818 $23,958 $25,156
1. Equipment includes YSI proble for in situ measurements (temperature, pH, and dissolved oxygen).
Bioassessment sampling will adhere to SWAMP 2025 protocols (Ode et. al 2025). All staff members have attended the SWAMP bioassessment workshop and have been field audited by SWAMP for work in southern California.
Payment terms are net 30 days based on the invoice date.
Final Report
Report and discussion
Attached algae samples will be identified according to the SWAMP protocols.
BMI samples will be identified according to the SAFIT STE (Level IIa) by SAFIT audited taxonomists; the 600 count protocol will be followed. Ten percent of the samples (1) will go to QC by DF&W
Field collections will be conducted once in the spring/summer and include benthic macroinvertebrates (BMIs), attached algae (both diatoms and soft bodied algae per SWAMP protocols).
SWAMP physical habitat and water quality data will be collected simultaneously with BMI and algae sampling.
Pricing for a full report is included below that will include calculated biological metrics, IBI scores, chemistry results, tables and figures, written results and discussion.
Exhibit B
18