ATTACHMENT #1
DPW:290-10\ev\Council\2025\110425\Laboratory Services Agreement Att 1.docx
Project Name: Laboratory Services
AGREEMENT FOR GENERAL SERVICES
BETWEEN THE CITY OF THOUSAND OAKS
AND
WECK ANALYTICAL ENVIRONMENTAL SERVICES, INC.
THIS AGREEMENT, made and entered into this 1st day of December, 2025, by and between the CITY OF THOUSAND OAKS, a municipal corporation (hereinafter referred to as "City"), and WECK ANALYTICAL ENVIRONMENTAL SERVICES, INC. (hereinafter referred to as "Service Provider"). City and Service Provider agree as follows:
1. RETENTION OF SERVICE PROVIDER
City hereby retains Service Provider, and Service Provider hereby accepts such engagement, to perform the services described in Section 2. Service Provider warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The general services to be performed by Service Provider are as follows, and are more particularly described in the Scope of Work, attached as Exhibit “A” and incorporated herein: laboratory services of influent, effluent, receiving waters, biosolids, drinking water, stormwater and industrial wastewater pre-treatment.
3. COMPENSATION AND PAYMENT
(a) Maximum. The total compensation earned by or payable to Service Provider, by City, for any and all services under this Agreement shall not exceed $374,465 (herein "not-to-exceed amount”).
(b) Rate. Service Provider shall be paid a fixed sum for work performed under this Agreement, said sum being described in Service Provider’s Schedule of Fees, attached as Exhibit “B.” Any changes or modifications resulting in an increase to this fixed sum must be approved in writing by City’s Project Manager in advance, and may not surpass the not to exceed amount. (c) Payment. All payments shall be made within 30 days after receipt of written verification from Service Provider of the actual compensation earned, in a form satisfactory to City's Project Manager.
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(d) Extra Services. Additional work not reasonably encompassed by the Scope of Services described in Section 2 may be agreed upon only by execution of a written Amendment to this Agreement. No liability or right to compensation for extra services shall exist without such Amendment. Unless otherwise stated in the Amendment, applicable rates for extra services shall be at the rates set forth in Exhibit “B”.
4. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by Service Provider shall be accomplished under the general direction of, and in coordination with, City's "Project Manager", as that staff person is designated by City from time to time, and who presently are, Santos Marquez, Laboratory Supervisor and Paul Jorgensen, Water Quality Supervisor.
5. TERMS OF PERFORMANCE
Non-Exclusivity. This Agreement is non-exclusive. City reserves the rights to retain, employ, or contract with other qualified services providers during the term of this Agreement on such occasions and in such circumstances as City shall determine are appropriate.
Ability to Perform. Service Provider warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations.
Laws to be Observed. Service Provider shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws as well as with Ventura County and City of Thousand Oaks ordinances, regulations and adopted codes during its performance of the work.
Payment of Taxes. The contract prices shall include provision for all taxes that Service Provider is required to pay. Service Provider is responsible for all taxes required to be paid under this Agreement.
Permits and Licenses. Service Provider shall procure all permits and licenses, pay all charges and fees, and give all necessary or legally required notices.
Prevailing Wage. Service Provider is obligated to pay prevailing wages under the California Labor Code. Service Provider agrees to indemnify, defend and hold City harmless from any claim that prevailing wages should have been paid, and shall be liable for the payment of the same and any penalties thereon. It is the DPW:290-10\ev\Council\2025\110425\Laboratory Services Agreement Att 1.docx
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responsibility of Service Provider to be familiar with the California Labor Code, and failure or neglect of Service Provider to understand the California Labor Code shall in no way relieve Service Provider from any obligations.
Apprenticeship. Labor Code section 1777.5 requires the use of qualified apprentices by all trades, regardless of the dollar amount of their portion of the work, on public works contracts over $30,000. Apprentices shall be used at no less than the ratio required by law and shall be paid at the prevailing wage for apprentices in the trade for which they are registered. It is Service Provider’s sole responsibility to ensure that they and their subcontractors comply with the specified requirements of section 1777.5.
Department of Industrial Relations Requirements. The Work is subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The work is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
Safety Provisions. Service Provider shall conform to the rules and regulations pertaining to safety established by Occupational Safety & Health Administration (OSHA) and the California Division of Industrial Safety.
Preservation of City Property. Service Provider shall provide and install suitable safeguards, approved by City, to protect City property from injury or damage. If City property is injured or damaged as a result of Service Provider's operations, it shall be replaced or restored within a reasonable time at Service Provider's expense. The facilities shall be replaced or restored to a condition as good as when Service Provider began work.
Subcontractors. Service Provider shall be solely responsible for ensuring that any subcontractors used in completing tasks under the Agreement comply with all pertinent laws and regulations as well as the relevant terms of this Agreement. City shall have no obligation to monitor or oversee subcontractors.
Immigration Act of 1986. Service Provider warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.
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Service Provider Non-Discrimination. In the performance of this work, Service Provider agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons.
Work Delays. Should Service Provider be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at City's sole option, be extended for such periods as may be agreed upon by City and Service Provider.
Inspection. Service Provider shall furnish City with every reasonable opportunity for City to ascertain that the services of Service Provider are being performed in accordance with the requirements and intentions of this Agreement.
All work done and all materials furnished, if any, shall be subject to City's inspection and approval. The inspection of such work shall not relieve Service Provider of any of its obligations to fulfill its contract requirements.
Audit. Service Provider shall maintain, in accordance with generally accepted accounting principles, complete and accurate records of all activities and operations relating to this Agreement. Records, including but not limited to, timecards, employment records, work progress reports, reimbursements, invoices, project records, proprietary data and information, as well as licensed software and any electronic records shall be kept for a period of four years beyond the termination or expiration of this Agreement. Service Provider agrees that City, or its authorized representative, shall have the right to examine, audit, excerpt, copy or transcribe any of the records pertaining to this Agreement at any time during normal business hours. Service Provider shall reimburse City for all reasonable costs of the audit, including travel time and auditor costs, should such audit reveal an overcharge of five (5) percent or more. Any overcharge will be considered a breach of this Agreement and could be cause for termination. The obligations of this section shall be explicitly included in any subcontracts or other agreements entered into by Service Provider with respect to this Agreement, if allowed by this Agreement.
6. TERM, PROGRESS AND COMPLETION
This Agreement shall expire on November 30, 2030, unless Service Provider's authorized work assigned before the expiration of the term is not completed by that date. If work has not been completed during the allotted Agreement period, the terms and conditions of the Agreement, including all rights and obligations, shall remain in effect and bind the parties until the work is completed.
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Service Provider shall not commence work on the services to be performed until (i) Service Provider furnishes proof of insurance as required by paragraph 9 below, and (ii) City gives written authorization to proceed with the work provided by City’s Project Manager.
7. NO ASSIGNMENT
This Agreement is not assignable by Service Provider without City's prior consent in writing.
8. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for Service Provider's Damages. Service Provider holds City, its elected officials, officers, agents, employees and volunteers, harmless from all of Service Provider's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Service Provider, to Service Provider's employees, to Service Provider’s contractors or subcontractors, or to the owners of Service Provider's firm, which damages, losses, injuries or liability occur during the work or services required under this Agreement, or performance of any activity or work required under this Agreement.
(b) Defense and Indemnity of Third-Party Claims/Liability. Service Provider shall indemnify, defend with legal counsel approved by City, and hold harmless City, its elected officials, officers, agents, employees and volunteers from and against all liability including, but not limited to, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Service Provider’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of City. Should conflict of interest principles preclude a single legal counsel from representing both City and Service Provider, or should City otherwise find Service Provider’s legal counsel unacceptable, then Service Provider shall reimburse City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. Service Provider shall promptly pay City any final judgment rendered against City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of Service Provider’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.
Service Provider’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in DPW:290-10\ev\Council\2025\110425\Laboratory Services Agreement Att 1.docx
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part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Service Provider shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Service Provider will be for that entire portion or percentage of liability not attributable to the active negligence of City.
(c) Nonwaiver. City does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this section because of the acceptance by City, or the deposit with City, of any insurance certificates or policies described in Section 9.
9. MINIMUM SCOPE AND LIMIT OF INSURANCE
Without limiting Service Provider’s indemnification of City, and prior to commencement of Work, Service Provider shall obtain, provide, and maintain at its own expense during the term of this Agreement, and any extension thereof, policies of insurance of the type and amounts described below in a form that is satisfactory to City.
Coverage shall be at least as broad as:
(a) Commercial General Liability (CGL): Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry General Liability insurance coverage at least as broad as Insurance Services form CG 00 01 in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate for bodily injury, personal and advertising injury and property damage, including with limitation, blanket contractual liability.
(b) Automobile Liability: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry Automobile Liability insurance coverage at least as broad as Insurance Services form CA 00 01 or the exact equivalent covering bodily injury and property damage for all activities of Service Provider arising out of or in connection with the work to be performed under this Agreement, including coverage of any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Worker’s Compensation: Service Provider shall, at Service Provider’s sole cost and expense and throughout the term of this Agreement, and any extensions thereof, carry workers’ compensation statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for bodily DPW:290-10\ev\Council\2025\110425\Laboratory Services Agreement Att 1.docx
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injury or disease. Service Provider shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers for all work performed by Service Provider, its employees, agents and subcontractors.
If Service Provider maintains higher limits than the minimum shown above, City requires and shall be entitled to coverage for the higher limits maintained by Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its elected officials, officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 10 01 and CG 20 37 10 01 if a later edition is used). The provision shall also apply to any excess liability policies. In addition, Service Provider shall ensure that the automobile liability policy contains a provision covering City as an additional insured, and shall obtain an endorsement to that effect if it does not.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Umbrella or excess policies shall provide coverage at least as broad as specified for underlying coverages and covering those insured in the underlying policies. Coverage shall be “pay on behalf” with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion of claims or suits by one insured against the other. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City as required in written contract or agreement before City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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City’s Rights of Enforcement
In the event any policy of insurance required under this Agreement does not comply with these specifications or is cancelled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Service Provider, or City will withhold amounts sufficient to pay premium from Service Provider’s payments. In the alternative, City may cancel this Agreement.
City’s Right to Revise Specifications
City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Service Provider ninety (90) days advance written notice of such change. If such change results in substantial additional cost to Service Provider, City and Service Provider may renegotiate Service Provider's compensation.
Primary and Non-Contributory Coverage
For any claims related to this Agreement, Service Provider's insurance coverage shall be primary insurance as respects City, its elected officials, officers, agents, employees and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, agents, employees or volunteers shall be excess of Service Provider's insurance and shall not contribute with it and be at least as broad as CG 20 01 04 13.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by City. City may require Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with a current A.M. Best’s rating of no less than A:VII, (unless otherwise acceptable to City).
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Waiver of Subrogation
All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected officials, officers, agents, employees or volunteers or shall specifically allow Service Provider, or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. Service Provider hereby waives his own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Copies of these waivers shall be submitted to City prior to commencement of work.
Claims Made Policies
If any of the required policies provided coverage on a claims-made basis:
(a)The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of contract work.
(b)Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the work required under this Agreement.
(c)If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work.
Verification of Coverage
Service Provider shall provide City with copies of certificates (on City certificate form or an Accord form as modified per City direction) for all policies, with the appropriate named additional insured coverage and an endorsement that they are not subject to cancellation without 30 days prior written notice to City. All certificates and endorsements are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Service Provider's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
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10. RELATION OF THE PARTIES
(a)Service Provider is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Service Provider shall at all times be under Service Provider's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Service Provider or any of Service Provider's officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Service Provider shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
(b)No employee benefits shall be available to Service Provider in connection with the performance of this Agreement. Except for the fees paid to Service Provider as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Service Provider for performing services hereunder for City. City shall not be liable for compensation or indemnification to Service Provider for injury or sickness arising out of performing services hereunder.
11. TERMINATION BY CITY
City may terminate any portion, or all of the services agreed to be performed under this Agreement by notifying Service Provider in writing 30 calendar days prior to any termination. In the event of such termination, Service Provider shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by City to Service Provider within 30 days following submission of a final statement by Service Provider.
12. CORRECTIONS
Service Provider shall correct, at its expense, all errors in the work which may be disclosed during City's review of Service Provider's work. Should Service Provider fail to make such correction in a reasonably timely manner, such correction shall be made by City, and the cost thereof shall be charged to Service Provider.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by Service Provider of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Service Provider for anything done, furnished or relating to Service Provider's work or services. Acceptance of payment shall be any DPW:290-10\ev\Council\2025\110425\Laboratory Services Agreement Att 1.docx
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negotiation of City's check or the failure to make a written extra compensation claim within five (5) calendar days of the receipt of that check, whichever occurs first. However, any approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Service Provider, its employees, subcontractors, agents and consultants for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Service Provider, its employees, subcontractors, agents and consultants.
14. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified.
15. CONFLICT OF INTEREST
Service Provider is unaware of any City employee or official that has a financial interest in Service Provider's business. During the term of this Agreement and/or as a result of being awarded this Agreement, Service Provider shall not offer, encourage or accept any financial interest in Service Provider's business by any City employee or official. If a portion of Service Provider's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within City or with a City franchisee, Service Provider warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of this Agreement.
16. NON-APPROPRIATION OF FUNDS
Payments due and payable to Service Provider for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of City funds. In the event City has not appropriated sufficient funds for payment of Service Provider’s services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year.
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17. GOVERNING LAW; CAPTIONS; ENTIRE AGREEMENT BETWEEN
PARTIES
This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
The provisions of this Agreement shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa. The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement. This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering or services and contains all of the covenants and agreements between the parties with respect to said services. Any modifications of this Agreement will be effective only if it is in writing and signed by the party to be charged.
18. MITIGATION OF DAMAGES
In all situations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. TAXPAYER IDENTIFICATION NUMBER
Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as most recently issued by the Internal Revenue Service.
20. MODIFICATION/AMENDMENT OF AGREEMENT
Any amendment, modification, or variation of the terms or tasks of this Agreement shall be in writing and shall be effective only upon the mutual written approval of the City Manager, or his designee, and Service Provider.
21. AUTHORIZATION
Each party has expressly authorized the execution of this Agreement on its behalf and binds said party and its respective administrators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint venturers, insurance carriers and any others who may claim through it to this Agreement.
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22. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
23. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: City of Thousand Oaks
Hill Canyon Treatment Plant
Attn: Kim Sherman, Assistant Analyst
9600 Santa Rosa Road
Camarillo, CA 93012
(805) 491-8116 | [email protected]
TO SERVICE PROVIDER: Weck Analytical Environmental Services, Inc.
Attn: Marilyn Romero, Client Services Manager
14859 Clark Avenue
City of Industry, CA 91745
(626) 926-4105
[email protected]
24. SIGNATURES
(a) Counterparts. This Agreement may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument.
(b) Scanned Signatures. In the event that any signature is delivered by facsimile transmission or submitted electronically as a scanned image (i.e. files with .pdf, .tiff or .jpeg extensions), such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or scanned signature page were an original thereof.
(c) Digital/Electronic Signatures. This Agreement may be executed through the use of digital or electronic signatures provided they meet the requirements of the Electronic Signatures in Global and National Commerce (ESIGN) Act and the California Uniform Electronic Transactions Act (UETA) and are produced using a City-approved method. The presence of an electronic signature on this document shall be construed as the parties’ consent to do business electronically.
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25. LEVINE ACT COMPLIANCE
California Government Code section 84308 (Levine Act) prohibits any Thousand Oaks City Council member from participating in any action related to a contract, agreement, or franchise agreement if the councilmember receives a campaign contribution totaling more than $500 (aggregated) from the party to the contract, agreement, or franchise agreement, an agent of the party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months. Councilmembers must also disclose any eligible campaign contribution received on the record of the proceeding.
Councilmembers are also prohibited from soliciting, accepting or directing campaign contributions totaling more than $500 (aggregated) from the applicant or party, an agent of the applicant/party, or any financially interested participant who actively supports or opposes the matter within the previous twelve (12) months, and for twelve (12) months following the date a final decision on the contract/agreement is made.
The Levine Act also requires parties to a contract, agreement, or franchise agreement to disclose any campaign contribution over $500 (aggregated) within the preceding twelve (12) months by the party to the agreement, contract, or franchise agreement. The Levine Act does not apply to contracts under $50,000, competitively bid, labor, or personal employment contracts. An agent to the Service Provider is prohibited from making any contributions whatsoever during this time period.
In order to assure compliance with these requirements, Service Provider has provided the disclosure requirements identified in the Levine Act Disclosure Form, attached as Exhibit C, incorporated herein by reference, and Service Provider verifies by its signature that it has completed Exhibit C in compliance of these requirements.
Service Provider shall also be responsible for understanding and complying with requirements of Government Code section 84308, which prohibits parties to an agreement, as well as their agents and representatives, from contributing more than $500 (aggregated) to a City Council member of the City of Thousand Oaks for the 12 months prior to the award of this Agreement, and for the 12 months following award of this Agreement. An agent to the Service Provider is prohibited from making any contributions whatsoever during this time period. Where applicable, Service Provider shall disclose any post award campaign contributions prior to seeking an amendment to this Agreement.
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In concurrence and witness whereof, this Agreement has been executed by the parties effective on the date and year first written above.
WECK ANALYTICAL
ENVIRONMENTAL SERVICES, INC
Dr. Agustin Pierri, President
Cecilia Gimenez, Secretary
CITY OF THOUSAND OAKS
David Newman, Mayor
ATTEST
Laura B. Maguire, City Clerk
APPROVED AS TO ADMINISTRATION
Andrew P. Powers, City Manager
APPROVED BY DEPARTMENT HEAD
Nader Heydari, PE, Public Works Director
APPROVED AS TO FORM
Tracy Friedl, Assistant City Attorney
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EXHIBIT A
SCOPE OF WORK
Service Provider shall furnish all labor, materials, and equipment necessary and incidental to provide sample collection and laboratory services by performing general, physical, and both organic and inorganic analysis as required by the City’s National Pollutant Discharge Elimination System (NDPES), Drinking Water, Stormwater, and Wastewater Pre-treatment Industrial Waste permits. All work shall be accomplished by Environmental Laboratory Accreditation Program (ELAP) and/or National Environmental Laboratory Accreditation Conference (NELAC) certified laboratory and performed with approved testing procedures found under Code of Federal Regulations (CFR) 40, Part 136, and Title 22 and/or California Toxic Rule Limits.
Constituents to be analyzed, as described on the attached Exhibit B, include samples collected from five areas identified below. City does not guarantee a minimum or maximum number of samples in any given year and such quantities are subject to change at the City’s discretion.
List 1.
Includes four different sample sites located at the Hill Canyon Treatment Plant (HCTP) identified as: A) HCTP Influent; B) HCTP Effluent; C) Receiving Waters RSW-001U; and D) Receiving Waters RSW-002D;
List 2.
Includes biosolids collected from HCTP;
List 3.
Includes samples collected from industrial wastewater pre-treatment sampling locations throughout the City;
List 4.
Includes samples collected from various drinking water sites; and, List 5.
Includes stormwater sampling from various locations throughout the City.
GENERAL REQUIREMENTS
A. Service Provider will supply City with a list of current Method Detection Limits (MDL) for each of the methods listed on the attached Exhibit B.
B. City staff will be responsible for collecting all required samples at HCTP, included in List 1 and List 2 provided herein. Service Provider will be responsible for picking up the samples from HCTP.
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City staff will be responsible for collecting water distribution, industrial waste pre-treatment, and stormwater samples included in List 3, List 4, and List 5 on the attached Exhibit B. Service Provider will be responsible for picking up the samples from HCTP, or other locations within the City of Thousand Oaks city limits as agreed upon.
In addition, some stormwater samples included in List 5 will be collected by Ventura County Watershed Protection District (VCWPD) or their Service Provider. A maximum of three (3) bacteriological samples will be collected on a weekly basis (mainly on Tuesdays) and three (3) nutrient-related samples will be collected on a monthly basis. Service Provider will pick up these samples from VCWPD staff or their Service Provider at a designated location for pickup, usually near Agoura Hills. Service Provider will meet with the City and/or VCWPD staff as needed, to discuss logistics. These stormwater bacteriological samples will be analyzed by using dilutions, if necessary, to avoid reporting “greater than” Most Probable Number (MPN) results.
C. Most sample pickup and/or sample bottle delivery drop off times will be between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday.
However, Service Provider must be able to provide 24-hour, seven-days per week sample pickup and/or sample bottle delivery in the event of an emergency (example: non-compliance with permit, process, or operational issues).
D. Samples will be handled, preserved, and analyzed as directed in the most current edition of Standard Methods for the Examination of Water and Wastewater book (Standard Methods).
E. All reports must be delivered via email to the City’s Project Manager complete with a copy of the Chain of Custody form, all associated Quality Assurance and Quality Control documentation, and invoices for the work completed. Sample results related to HCTP (Lists 1 and 2) will be reported via email to Santos Marquez, Laboratory Supervisor, at [email protected]. Sample results related to drinking water distribution, wastewater pre-treatment, and stormwater (List 3, List 4, and List 5) will be reported via email to Paul Jorgensen, Water Quality Supervisor, at [email protected]. In addition, duplicate reporting is required of the bacteriological sample results related to the stormwater. Those samples taken by VCWPD and analyzed by the Service Provider will be reported via email to both the City (c/o Paul Jorgensen) as well as VCWPD via email to: [email protected].
F. City requires two (2) turnaround times (TAT) for the work associated with this agreement. List 1 and List 2 require a TAT of 15-business days to report confirmed results to the City. Constituents on List 3, List 4, and List 5 require a TAT of 10-business days or less. Discounts are expected if TATs are not met.
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G. Service Provider must provide new sample bottles, containers, computer- generated descriptive labels, and computer-generated Chain of Custody forms (pre-filled accordingly) to customer site to be ready for use with the scheduled sampling events. New bottles, containers, blank labels and blank Chain of Custody forms will be delivered on an as-needed basis to be used in the event of an emergency, special project, and/or non-compliance event. City staff will arrange for all scheduled and/or extra bottle requests through email or phone calls with the Service Provider. Containers that require pre-preservation should be addressed accordingly.
H. All unused samples will be disposed of by Service Provider.
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EXHIBIT B
SCHEDULE OF FEES
LIST 1: HCTP EFFLUENT, INFLUENT, & RECEIVING WATERS ANALYSES Line
Item Constituent
Tests
Per Year
Analytical
Method
Cost
Per Test
Cost
Per Year
1 TKN 22 EPA 351.2 $25 $550
2 COPPER 22 EPA 200.8 $8 $176
3 NICKEL 22 EPA 200.8 $8 $176
4 MERCURY 22 EPA 1631E $75 $1,650
5 CYANIDE 38 EPA 335.4 $23 $874
6 BIS (2ETHYL-HEXYL) PHTHALATE * 38 EPA 625.1 $80 $3,040 7 OIL AND GREASE 20 EPA 1664B $25 $500
8 TOTAL ORGANIC CARBON 24 SM 5310B $25 $600
9 TOTAL TRIHALOMETHANES * * 36 EPA 624.1
EPA 524.2
$35 $1,260
10 MBAS 12 SM 5540C $25 $300
11 CTAS 12 SM 5540D $60 $720
12 METALS (Se, Mn, Zn, Al) 12 EPA 200.8 $32 $384
13 IRON 12 EPA 200.7 $8 $96
14 CHLORPYRIFOS / DIAZINON * * * 12 EPA 625.1
SIM
EPA 625.1
OPP
$120 $1,440
15 CHLORDANE / 4,4-DDD / 4,4DDE /
4,4-DDT / DIELDRIN / TOXAPHENE
12 EPA 608.3 $70 $840
16 ACRYLONITRILE * * * * 12 EPA 624.1 Included w/ Full Panel 17 METALS – FULL PANEL (Cu, Ni, Zn,
Se, Sb, As, Be, Cd, Cr, PB, Ag, TI, AL,
Ba, Mn)
16 EPA 200.8 $80 $1,280
18 GROSS ALPHA 2 EPA 900.0 $45 $90
19 GROSS BETA 2 EPA 900.0 $45 $90
20 DIOXINS – FULL PANEL 8
(sub)
EPA 1613B $684 $5,472
21 PCBs – FULL PANEL CONGENERS 7
(sub)
EPA 1668C $1,075 $7,525
22 VOLATILE ORGANICS – FULL PANEL 16 EPA 624.1 $70 $1,120 23 SEMI-VOLATILE ORGANICS – FULL
PANEL
16 EPA 625.1 $130 $2,080
24 CHROMIUM VI 8 EPA 218.6 $30 $240
25 CHLORINATED PESTICIDES – FULL
PANEL
7 EPA 608.3 $70 $490
26 2,4-D AND 2,4,5-TP (SILVEX) 6 EPA 615 $150 $900
27 1,4 DIOXANE 3 EPA 8270M $85 $255
28 PERCHLORATE 3 EPA 314.0 $25 $75
29 1,2,3-TRICHLOROPROPANE 3 EPA 524.2
SIM
$60 $180
30 BORON 36 EPA 200.7 $8 $288
LIST 1 ANNUAL TOTAL $32,691
* BIS (2ethyl-hexyl) Phthalate only for regular monthly sample event (January, March, April, June, July, September, October, December). * * Total Trihalomethanes are the sum of Chloroform, Bromoform, Chlorodibromomethane, and Bromodichloromethane. * * * Low level as part of full 625.1 panel. * * * * Acrylonitrile only for quarterly receiving waters (February, May, August, and November).
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LIST 2: HCTP BIOSOLIDS ANALYSES
Line
Item Constituent
Tests
Per
Year
Analytical
Method
Cost
Per
Test
Cost
Per Year
1 METALS (Sb, AS, Ba, Be, Cd, Cr, Co,
Cu, Pb, Mo, Ni, Se, Ag, TI, V, Zn)
12 EPA 6020 $100 $1,200
2 MERCURY 12 EPA 7471A
TTLC/7470A
TCLP
$15 $180
3 VOLATILE ORGANICS – FULL PANEL 2 EPA 8260B
(TTLC /
TCLP)
$120 $240
4 SEMI-VOLATILE ORGANICS – FULL
PANEL
2 EPA 8270C
(TTLC /
TCMP)
$150 $300
5 TOTAL CYANIDE (mg/kg) 2 EPA 9014
(sub)
$100 $200
6 FILTER TEST 2 EPA 9095 $25 $50
7 CCR TITLE 22 METALS 2 EPA 6020
TTLC /
6010B TCLP
$100 $200
8 TOTAL PHOSPHOROUS 2 EPA 6010 $25 $50
9 CHLORINATED PESTICIDES 2 EPA 8081A $100 $200
10 PCBs – AROCHLORS 2 EPA 8082 $75 $150
11 CHLORINATED HERBICIDES 2 EPA 8151A $110 $220
12 PCDD/PCDF 2 EPA 8290B
(sub)
$684 $1,368
13 ORGANOPHOSPHOROUS
PESTICIDES
2 EPA 8141A $100 $200
14 NH3-N (mg/kg) 2 EPA 350.1 $35 $70
15 PCBs EXTRACTION 2 EPA 3545 Included in EPA
8082
16 TKN (mg/kg) 2 EPA 3545 by
351.2
$45 $90
LIST 2 ANNUAL TOTAL $4,718
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LIST 3: PRETREATMENT ANALYSES
Line
Item Constituent
Tests
Per Year
Analytical
Method
Cost
Per Test
Cost
Per Year
1 ALUMINUM 12 EPA 200.8 $8 $96
2 ARSENIC 12 EPA 200.8 $8 $96
3 BARIUM 12 EPA 200.8 $8 $96
4 CADMIUM 12 EPA 200.8 $8 $96
5 CHROMIUM 12 EPA 200.8 $8 $96
6 COPPER 12 EPA 200.8 $8 $96
7 IRON 12 EPA 200.8 $8 $96
8 LEAD 12 EPA 200.8 $8 $96
9 MANGANESE 12 EPA 200.8 $8 $96
10 MERCURY 12 EPA 245.1 $12 $96
11 NICKEL 12 EPA 200.8 $8 $96
12 SELENIUM 12 EPA 200.8 $8 $96
13 SILVER 12 EPA 200.8 $8 $96
14 ZINC 12 EPA 200.8 $8 $96
15 CYANIDE 12 SM 4500-
CN-E
$25 $300
16 PHENOLS 8 EPA 420.1 $45 $360
17 EPA 624 12 EPA 624 $70 $840
18 EPA 625 12 EPA 625 $120 $1,440
19 CHLORIDE 12 EPA 300.0 $10 $120
20 BORON 12 EPA 200.7 $8 $96
21 FLUORIDE 8 EPA 300.0 $10 $80
22 SULFATE 8 EPA 300.0 $10 $80
23 TDS 12 EPA 300.0
SM2540C
$15 $180
24 BOD 12 SM 5210B $25 $300
25 TSS 12 SM 2540D $15 $180
26 AMMONIA-N 12 EPA 350.1 $20 $240
27 TKN 12 EPA 351.2 $25 $300
28 NMP 6 EPA 8015M $120 $720
29 GROSS ALPHA 4 EPA 900.0 $45 $180
30 GROSS BETA 4 EPA 900.0 $45 $180
LIST 3 ANNUAL TOTAL $6,988
LIST 4: DRINKING WATER ANALYSES
Line
Item Constituent
Tests
Per Year
Analytical
Method
Cost
Per Test
Cost
Per Year
1 THM 18 EPA 524.2 $35 $630
2 HAA5 18 EPA 552.3
or 557
$50 $900
3 LEAD IN SCHOOLS 50 EPA 200.8 $8 $400
4 LEAD IN HOMES 8/2028 * * 60 EPA 200.8 $8 $480
5 COPPER IN HOMES 8/2028 * * 60 EPA 200.8 $8 $480
LIST 4 ANNUAL TOTAL $2,890
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LIST 5: STORMWATER ANALYSES
Line
Item Constituent
Tests
Per
Year
Analytical
Method
Cost
Per
Test
Cost
Per Year
1 E. COLI MPN 156 SM 9221F $60 $9,360
2 NITRATE+NITRITE-N 36 EPA 353.2 or
300.0
$20 $720
3 TKN 36 EPA 351.2 $25 $900
4 AMMONIA-N 36 EPA 350.1 $20 $720
5 PHOSPHORUS 36 EPA 200.7 $15 $540
6 TOTAL NITROGEN BY
CALCULATION
36 CALCULATION $65 $2,340
7 BENTHIC CHLOROPHYLL A 4
(sub)
SWAMP
PROTCOL
$136 $544
LIST 5 ANNUAL TOTAL $15,124
CUSTOMER DISCOUNT
Customer discounts for samples outside of the scope of the contract (i.e., special project, non-compliance samples, or missed TAT).
Line
Item DESCRIPTION
UNIT OF
MEASURE
PERCENTAGE
1 DISCOUNT PERCENTAGE EACH 15%
COST SUMMARY
ANNUAL TEST COST $62,411
ANNUAL RESERVE OF 20% FOR ADDITIONAL SAMPLE EVENTS $12,482 TOTAL ANNUAL COST $74,893
TOTAL NOT TO EXCEED THROUGH DECEMBER 31, 2030 $374,465
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EXHIBIT C
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