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HomeMy WebLinkAboutAssociated Laboratories - 2009-03-01Name of Contractor: Associated Laboratories Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Water Quality Analysis and Sampling Amount of Contract: $28,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept. ❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Nanhe/E ension City Attorney's Office L G:AttyMisc/Contract Forms/City Clerk Transmittal 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Associated Laboratories FOR Water Quality Analysis and Sampling Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 IndependentContractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 CityEmployees and Officials..................................................................................7 Notices......................................................................................... 7 Consent....................................................................................................................8 Modification.............................................................................................................8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal....................................................................................................9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Associated Laboratories FOR Water Quality Analysis and Sampling THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as �� De Par Inc,(DBA Associated Laboratories) CITY, and , a California corporat iorhereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform Water Ouality Analysis and Sampling ;and Pursuant to documentation on file in the office of the City Clerk, the provisions ofthe Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Danielle Roberts who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional svcs to $49 12-07 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on March 1 2009 (the "Commencement Date"). This Agreement one hundred-ei hty shall automatically terminate (1 20) days from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one hundred -eighty (18tprom the Commencement Date. The time for performance days of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in ]Exhibit "13," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed twenty-eight thousand Dollars ($..28, 000. 00 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such agree/surfnet/professional svcs to $49 12-07 2 work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are agree/surfnet/professional svcs to $49 12-07 3 applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to agree/surfnet/professional svcs to $49 12-07 4 forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/surfneUprofessional Svcs to $49 12-07 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall. be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/surfnet/professional svcs to $49 12-07 6 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Derek Smith 2000 Main Street Huntington Beach, CA 92648 (714) -536-5921 agree/surfnet/professionalsves to $49 12-07 7 TO CONSULTANT: Danielle Roberts 806 N. Batavia Orange, CA 92868 714-771-9906 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as agree/surfnet/professionalsvcs to $49 12-07 8 to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/surfnet/professionalsvcs to $49 12-07 9 24. ATTORNEY' S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or /is, withdrawn. CONSULTANT'S initials_ �L 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's agree/surfnet/professional svcs to $49 12-07 10 behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Associated Laboratories California COMPANY NAME By?Tia to Le Pa0aVZ print name ITS: (circle one) Chainn /Presiden ice President By:y/ S '11f, Robert A. Webber print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary Treasurer - agree/surfnet/professional sves to $49 12-07 I 1 Public Wor Ire r/Chief (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: City Attorney Date �� o �dA� 2:Z EXHIBIT "A" A. Statement: Consultant/Laboratory will perform collection and analysis of various drinking water samples. The samples are collected at designated monitoring taps within the distribution system, new construction sites, and other various types of taps as needed. Weekly, lab analysis consists of Free and Total Chlorine residuals, temperature, 24- hour Coliform presence/absence, Fecal/E-Coli presence/absence, and Heterotrophic Plate Count measurement. Quarterly, lab analysis also consists of Disinfection Byproducts monitoring of Trihalomethanes and Haloacetic Acids. B. Consultant's Duties: 1. Perform the collection and analyses of routine weekly bacteriological samples at 40 distribution system taps. 2. Perform the collection and analyses of bacteriological samples at new construction sites. 3. Perform the transport and analyses of special bacteriological samples collected by City staff for water sources and repairs on the distribution system. 4. Perform the collection and analyses of chlorine residuals when performing collection of all samples. Perform chlorine residual tests in accordance with DOHS requirements using DPD method on those samples. 5. Perform transport and analyses of other various types of specialized city - collected samples as needed. These may consist of General Physicals, Volatile Organic Compounds, Synthetic Organic Compounds, or other various types of specialized water analyses. 6. Samples are transported in ice chests with Blue -Ice designated for drinking water samples only. 7. Perform the quarterly collection and analyses of water samples for the presence of Total Trihalomethanes (TTHM) and Haloacedic Acids (HAA5), using approved DOHS method, at twenty-eight (16) locations designated by the City. Actual dates and times for collection shall be scheduled with the Water Quality Section. 8. Within 4 hours of testing conclusion, all results will be electronically mailed to City. Hard copy to be sent via postal service within 48 hours. 9. Lab will notify designated City contact personnel within 24 hours, whenever total coliforms, fecal coliforms, or E. coli is present in a sample, or when a sample is invalidated due to interference problems. C. City's Duties: 1. City staff to perform the collection of weekly bacteriological samples at water wells, surface water entry taps, repairs on the distribution system, and various other types of specialized water samples. 2. City staff to perform the collection and analyses of chlorine residuals when performing collection of all city -collected samples. City to perform chlorine residual tests in accordance with DOHS requirements using DPD method on those samples. 3. City staff to perform the collection of other miscellaneous specialized samples at water wells and distribution taps as needed. 4. City staff to notify lab 24-hours in advance when lab transport is needed on city -collected samples. 5. City staff to notify lab 24-hours in advance when lab collection is needed on specialized samples. 6. City staff to determine when/where follow-up sampling is needed whenever total coliforms, fecal coliforms, or E. coli is present in a sample. D. Work Program/Project Schedule: 1. Weekly: a. Lab staff performs bacteriological collections and analyses at all 40 designated distribution taps. b. City staff performs bacteriological collections at all water wells, reservoirs, and surface water entry taps. c. Lab staff performs sample transport and bacteriological analyses at all water wells, reservoirs, and surface water entry taps. 2. Quarterly: a. Lab staff to perform the quarterly collection and analyses of water samples for the presence of Total Trihalomethanes (TTHM) and Haloacedic Acids (HAAS) at 16 taps on the distribution system. 3. As Needed: a. City staff to perform collection of bacteriological and various other types of water samples at water wells, reservoirs, surface water entry taps, and distribution system repair sites. b. Lab staff to perform transport and analyses of bacteriological and various other types of water samples at water wells, reservoirs, surface water entry taps, and distribution system repair sites. c. Lab staff to perform collection and analyses of bacteriological samples at new construction sites. 4. Project Completion: a. End of contract is one -hundred -eighty (180) from commencement. EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to the hourly rates set forth herein in accordance with the following progress and payment schedules. See Exhibit B.1. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has .been ,performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment t IF s 4L E COST T Presence/Absence T. Coliform%E. Coli) $ 6.00 Per Sample Chlorine Residual $ 2.00 Per Sample Fecal Coliform $ 15.00 Per Sample E. Coli Included in Presence /Absence Heterotro hic Plate Count $ 4.00 Per Sample Total.Trihalomethanes TTHM $ 35.00 Per Sample Haloacedie Acids HAAS $ 70.00 Per Sample Charge for Sample Pick -Up No Charge Charge for Sample Collection. -$4.00 Per Sample This above pricing is a firm offer and is valid for a period of 60 days. ASSOCIATED LABOR`13DRIES, by: S. Behare ' Vice President AS OC TED LABORATORIBS 806 North Batavia - Orange, California 92868 - 714/771-6900 FAX 714/538-1209 ADDITIONAL PRICING Chlorine Residual @ $2.00 Per Sample Total Coliform/E. Coli @ $6.00 Per Sample HPC @ $4.00 Per Sample Sample Collection Fee - $50.00 Per Hour Su ity INSURANCE AND INDEMNIFICATION AIVER Hunu a MODIFICATION REQUEST 1. Requested by: Jay Kleinheinz 2. Date: March 10, 2009 3. Name of contractor/permittee: Associated Laboratories 4. Description of work to be performed: water quality testing and analysis 5. Value and length of contract: $28,000 - 180 days 6. Waiver/modification request: $10,000 retention clause 7. Reason for request and why it should be granted: Vendor is unable to comply. 8. Identify the risks to the City in approving this waiver/modification: None noted. Please see previously approved waiver (attached) Departrfient Head Signature Da e: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management d to City Attorney' O ice disagree. 1. R" k Management Approved ❑ Deniedell Si nature Date 2. City Attorney's Office Approved El Denied I Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver form Associated2 3/10/2009 9:30:00 AM IS To: The City bf Huntington Beach, From: Jan Ueldon 1-28-09 7:41am p. 2 of 3 ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYYI 1/28/2009 PRODUCER Complete Insurance, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 19000 MacArthur Blvd. PH Floor ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Irvine, CA 92612 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (949)263-0606 www.Completelnsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURED De Par Inc. dba: INSURERA: Greenwich Insurance Company 22322 Associated Laboratories, Inc. WSURERB: Netherlands Insurance Company 24171 806 N. Batavia INSURERC: Cypress Insurance Company 10855 Orange CA 92868 uacr iuFa rn t I INSURER E: I COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATZ LIMITO SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR DO' NSR)DATE POLICY NUMBER POLICY EFFECTIVE Y POLICY EXPIT2Al10N D TE MMID !Y LIMITS A - GENERAL LIABILITY - ............. . .......... EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY GECO02209102 1/23/2009 - 1/23/2010 EMISEs°aoccvren RRw s 100,000 CLAIMS MADE a OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & AOV INJURY $ 1 ,000,000 Subject to a GENERAL AGGREGATE $ 2,000,000 $5,000 ded BI/PD GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 2,000,000 POLICY PE,0j LOC B AUTOMOBILE LIABILITY $ ANY AUTO BA9792677 1/23/2009 1/23/2010 (Eacccident)IacLEUMrr 1,000,000 BODILY INJURY $ ALL OWNED AUTOS . SCHEDULED AUTOS (Per person) BODILY INJURY $ HIRED AUTOS N014-OWNED AUTOS (Per accident) PROPERTY DAMAGE S No Liability Ded orS.l.R (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC ^AGG $ ANY ALI10 S gypy V � APPROVED AS7 0FORM AUTO ONLY: EXCESSIUMBRELLA LIABILI-IY Iry r EACH OCCURRENCE $ OCCUR CLAIMS MADE , �-I ° �TI � i F�4 AGGREGATE $ Is DEDUCTIBLE Is RETENTION $ C WORKERS COMPENSATION AND WC Y L"'T- OFIR TORY I.I FR E.L. EACH ACCIDENT _ S 1 OOO QQQ EMPLOYERS' LIABILITY 3300053746-0810 9/112008 9/1/2009 ANY pROPRIETOR/PARTNERIEXECUI IVE E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICERMAEMBER EXCLUDED? It ye& desvibe under SPECIAL PRO VISIUNS below - E.L. DISEASE- POLICY LIMIT $ 1.000 00 OTHER A Pollution/Professiona PECO02209202 1/23/2009 1/23/2010 2,000,00061,000,000 subject to a $10,000 retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate holder is included as an additional insured with respects general liability per form CG2026 0704 but only if required by written contract with the named insuredan occurrence - subject to all of the priorto policy terms and conditions. Waiver of subrogation per form CG24041093 also applies if required by written contract in favor of certificate holder, subject to all policy terms and conditions. L,tK I It-IL;A I t MULUtK GANIaLLAIIUN All Operations SHOULD ANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Huntington Beach, DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 ' DAYS WRITTEN its agents, officers and employees. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Risk Management IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2000 Main Street REPRESENTATIVES. ' 10 Days for Non -Payment of Prem um Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE Susan J. Sampson CEET 11C.; 4404011 Jan 'Weldon 1/_18/_100? 7:37;54 AM Page 1 of 2 ACORD 25 (2001108) © ACORD CORPORATION 1988 .To: The City of Huntington Beach, From: Jan Feldon 1-28-09 7:41am p. 3 of 3 De Par Inc. dba: Associated Laboratories, Inc. POLICY NUMBER: GECO02209102 1 /28/2009 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ - lzations Any person or organization with whom you have agreed, in a written contract, that such person or organization should be added as an additional insured on your policy, provided such written contract is fully executed prior to an "occurrence" in which coverage is sought under this policy. Information required to complete this Schedule, if not shown above, will be shown In the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG20260704 O ISO Properties, Inc., 2004 Page 1 of 1 ❑ CP6T 1r.: 4414a11 Jan Weldon 1/26/24 00 7:37:54 ZN Pace 2 of 2 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST, 1. Requested by: Christi Mendoza, Risk Management . DEC 0.8 2006 2. Date: November 30, 2006 city of Huntington Beach 3. Name of contractor/permittee: Associated Laboratories Inc ityAttorney's Office 4. Description of work to be performed: State mandated water quality analysis and sampling 5. Value and length of contract: Not -to -exceed $60 000 per year (three year contract) 6. Waiver/modification request: $5 000 deductible and cancellation clause wording 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible and cancellation clause wording insurance requirements 8. Identify the risks to the City in approving this waiver/modification: None Department Head S Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval frorrl the City Administrator's Office is only required if Risk ManagementjpRd tto City Attorney's Office disagree. ManagementO P proved ❑ Deniedy Signature Date 2. City Attorney's Office proved ❑ Denied r L241 CK_ .Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk. Management Division of Administrative Services CITY OF -„ Professional service Contracts Purchasing Certification 1. Date: 3/5/2009 2. Contract Number: &.69SE-EWE 3. Department: Public Works 4. Requested by: Jay Kleinheinz 5. Name of consultant: Associated Laboratories 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. Original RFP attached. 7. Amount of the contract: $28,000 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 50685802.69365 11. Is this contract less than $50,000? ® Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). Attached 16. Attach proposed scope of work. Attached as Exhibit A of the contract 17. Attach proposed payment schedule. Attached as Exhibit B of the contract Department Head Sign R41CHARD AMA central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council. Water Quality Laboratories List Associated Laboratories 806 North Batavia Orange, CA 92868 (714) 771-6900 Attn: Danielle Roberts Clinical Laboratory of San Bernardino 21881 Barton Rd. Grand Terrace, CA 92313 (909) 825-7693 Attn: Richard Kelso Del Mar Analytical 17461 Derian Ave., Suite 100 Irvine, CA 92614-5817 (626) 458-0332 Attn: Kimberly Banks Michelson Laboratories 6280 Chalet Drive Commerce, CA 90040-3761 (562) 928-0553 Attn-. Steve Roesch Sierra Analytical 26052 Merit Circle, Suite 105 Laguna Hills, CA 92653 (949) 348-9389 Attn: Chris Forsyth