HomeMy WebLinkAboutAssociated Laboratories, Inc. - 2006-12-01 (2) CONTRACTS SUBMITTAL T9 DEC 13 Alt Ill: 20
CITY CLERK'S OFFICEg
6 w
To: JOAN FLYNN, City Clerk
Name of Contractor: Associated Laboratories, Inca
Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park
Water Quality Analysis and Sampling
Amount of Contract: $60,000 607C)
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept.
to Risk Management El❑
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer El
Date: /j 7 C2- // 0 E)
Na a/Ext nsion
City Attorney's Office
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G:AttyMisc/Contract Forms/City Clerk Transmittal �L / S
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
Associated Laboratories
FOR
Water Quality Analysis and Sampling
Table of Contents
1 Scope of Services........ ......... .................... ......... ......... ......... ......... ................1
2 City Staff Assistance... ......... ......... ......... ......... ................... ......... ................2:
3 Term; Time of Performance.............. ......... ......... ......... ......... .... .... ................2
4 Compensation.. ......... ......... ......... ......... .......... .................: ......... ................2
5 Extra Work....... ......... ....... ................ .. ......... ......... ......... ...........................2
6 Method of Payment....: ......... ......... ......... ......... ............... . ...........................3
7 Disposition of Plans,Estimates and Other Documents .... ......... ......... ................3
8 Hold Harmless . ......... ......... . ......... ................... ........: ........: ...... ................3
9 Professional Liability Insurance....... .................... ......... ......... ......... ...............4
10 Certificate of Insurance.......... ............................. ......... .................... ................5
11 Independent Contractor ......... .......... ......... ........ ......... ......... ......... ................6
12 Termination of Agreement..... ......... ......... ......... .............. .... ......... ................6
13 Assignment and Delegation.... . ........... ...... ......... ......... ......... .. ...... ................6
14 Copyrights/Patents...... . ........ ......... .................... ......... ...... ........ .... ................7
15 City Employees and Officials. ..... ..... ...... ......... ......... ......... ..... ... ................7
16 Notices................................................ .... .. ...... ........... ...7
17 Consent.. ......... ......... ......... ........ ......... ......... ......... ......... ......... ................8
18 Modification............... ......... ......... ......... ......... ........ . ...... ...........................8
19 Section Headings ......... ................... ......... ......... ......... ......... ......... ................8
20 Interpretation of this Agreement....... .................... ......... ......... ......... ................8
21 Duplicate Original....... ......... ......... ....................... . ..... ......... ...........................9
22 Immigration........ ......... ......... ......... ............................... ......... ...........................9
23 Legal Services Subcontracting Prohibited... ......... ......... ........: ......... ................9
24 Attorney's Fees............. ........ . .......... ........ ... ............ ... ......... ............... ..........10
25 Survival... ......... ......... . ........ ........:.......... . . ......... ......... ......... ................10
26 Governing Law.. ............................... ......... ........... ....... ......... ......... ................10
27 Entirety.... ......... ......... ......... ........; ......... ......... ......... ......... ......... ................10
x
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 this lst day of
December 20 06, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and
De Par, Inc. (DBA Associated Laboratories) California Corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
perform water quality analysis and sampling ; and
Pursuant to documentation onfile in the office of the City Clerk, the provisions of
the 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/forms/profservl0/15/01-A 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 as soon as practicable after the execution of this Agreement by CITY(the
"Commencement Date"). This Agreement shall expire on November 30, 2009 , unless'
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
pe th schedule noted therein
completedio- r= i from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in
Exhibit "A." This schedule may be amended to benefit the PROJECT Jf mutually agreed
to in writing by CITY and CONSULTANT.
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 "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Sixty-thousand- Dollars ($ 60,000.00 �, annually.
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 work only after receiving written authorization from CITY. Additional
agree/forms/profservl0/15/01-A 2
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 performance of -
this Agreement or its failure to comply with any of its obligationscontained 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
agree/forms/profsery 10/15/0 1-A 3
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are 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.
agree/forms/profsery 10/1510 1-A 4
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. shall 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.
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
agree/forms/profsery 10/1 510 1-A 5
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.
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.
agree/forms/profsery 1 0/1 510 1-A 6
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; TO CONSULTANT:
City of Huntington Beach Danielle Robert
ATTN Derek Smith 806 N. Batavia
2000 Main Street
Huntington Beach, CA 92648 Orange, CA 9286
(714) 536-5921
(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.
agree/forms/profservl0/15101-A 7
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 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
agree/forms/profsery 10/15101-A 8
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.
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,
agree/forms/profservl0/15/01-A 9
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 non-prevailing 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. 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 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 supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/forms/profsery 10/1510 1-A 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
CONSULTANT,
CITY OF'HUNTINGTON BEACH,
Associated Laboratories a mu ' a c oration of the State of California
Director of Public works
By: (Pursuant To HBMC§3.03.100)
T'to L. Paro a
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ITS: (circle one)Chairm residenU ice President _ AS TO FORM:
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�! I City A ey tk"Wo
By.
Robert A. Webber REVIEWED AND APPROVED:
print name
ITS: (circle retary/Chief Financial Officer/Asst. � , y,( f✓ CL�
Secre -Treasurer Vice President/Treasurer
City Administrator,
(only for contracts$50,000.00 and over)
agree/forms/profservl0/15101-A I I
Exhibit A
Scope of Services
ASSOCIATED LABORATORIES
806 North Batavia- Orange, California 92868 7141771-6900 FAX 7141538-1209
October 6,2006
City of Huntington Beach
Attn: Sharon Griffin/Procurement
200 Main Street Lower Level
Huntington Beach,CA 92648
Attached you will find our response to your Request for Proposal for Water Quality Analyses
and Sampling Services for the Public Works Engineering Division.`
We have read the proposal carefully and are confident that we can successfully meet all of your
analytical and sampling needs as requested.
Our proposal for this job is, as requested,valid for 60 days. Also, our current insurance
policies will meet or exceed the requirements listed in the RFP.
Our contact person for any questions regarding this proposal will be Danielle Roberts. She
may be reached at(714) 771-6900 or by email at droberts@associatedlabs.com.
If you should have any questions,please do not hesitate to contact us.
Sincerely,
ASSOCIATED LABO RIES,by:
E and S.Beh e, D.
Vice President
a
Huntington Beach Task List
A) Associated Laboratories is fully capable of performing the transport or
collection and analyses of the forty(40) routine weekly samples for
Presence-Absence Coliform and Heterotrophic Plate Counts at the
specified locations as designated by the City. All results will be
forwarded to the City within 4 hours of analyses completion.
B) At the City's request, Associated Laboratories can provide the personnel
required for the collection of the weekly routine samples. We do request
a 24 hr notice.
C) Associated Laboratories will coordinate with the City Water Quality
Section Personnel on all work.
D) Associated Laboratories is also available for the collection of special
samples from the distribution system or new construction. The reporting
of the results would be handled the same as for routine samples.
E) We will provide results electronically within 4 hours of test completion
and the hard copies will be sent by mail within 48 hrs.
F) The laboratory will notify the designated City contact personnel as soon
as possible (no more than 24 hrs) if any total coliform, e. coli or fecal
coliform is present in any sample. The same procedure will be following
is a sample is invalidated due to interference problems.
G) Any problems or delays in regards to sample transport, sample
collection, analyses of samples in-house or to be taken will be reported
to the City immediately.
H) Our Field Tech will follow the guidelines for collecting and transporting
samples as stated in the RFP attachment.
I) Associated Laboratories.will be happy to work with private contractors
that are providing services to the City. We understand that all such work
shall be billed and reported directly to the contractor.
n
J) When we are required to collect the routine weekly samples for
microbiological analyses, we will also perform chlorine residual testing.
These analyses will be reported at the same time as the microbiological
results. (4 hr electronic,48 hr-hard copy)
K) Perform the collection and analyses of water samples for TTHM and
HAA5 as required and scheduled with the City. These analyses will be
performed using approved DOHS methods.
L) All transporting of samples, collection on samples and analyses of
samples will be done by Associated Laboratories personnel.
TIMETABLE
EXPECTED
ACTION RESPONSE TIME
Analyses for Presence/Absence (T. Coliform/E. Coli) 24 Hours
Analyses for Chlorine Residual Analyses performed in the field
during collection.
Analyses for E. Coli Included in Presence/Absence
Analyses for Fecal Coliform 96 Hours
Analyses for Heterotro hie Plate Count 48 Hours
Analyses for TTHM 5 —7 Days
Analyses for HAAS 5 -7 Days
Reporting of Electronic Results Within 4 Hrs
Reporting of Hard Copy Results Within 48 Hrs
Collection of 40 weekly routine bacteriological samples 6 -7 Hours
Collection of TTHM or HAAS " 6 — 7 Hours
,Collection of Chlorine Residual samples These will be collected and
reported at the same time as the
bacteriological samples.
Collection of special bacteriological samples If we are doing the collection,
please give us 24 notice. If the
samples are just being picked up,
please call around 8 or 9 am for
a same day pickup.
Response Time for Contractors doing City work Contractor should schedule at
least 24 hrs prior to time of
collection. Analyses and reports
will follow standard time frames.
Notification of ositive samples or invalidated samples Within 24 Hrs
Notification of cancellation or delay for sam le collection Immediate
Notification of delay regarding sample analyses Immediate
EXHIBIT "B"
Payment Schedule(Hourly Payment)
A. Hourly Rate
CONSULTANT'S fees for such services shall be based upon the following hourly rate and
cost schedule:
Attached
B. Traver
-l. Charges for time during travel are normally not reimbursable and will only be paid
if such time is actually used in performing services for CITY or as otherwise
arranged with CITY.
2. As CITY sometimes uses consultants that are outside of the nearest metropolitan
area, CITY is very conscious of'travel costs. Subject to agreement otherwise,
CONSULTANT will be held to charging no fees on travel time to or from
Huntington Beach.
3. Automobile expenses are limited to the IRS standard business mileage rate. All
other travel expenses must be approved in advance by CITY in writing. Requests
for approval shall be submitted at least fourteen (14) days in advance, to allow for
reduced transportation fares. Meals are not billable to CITY, without prior written
consent of CITY.
C. Billing
1. All billing shall be done monthly-in one-tenth-hour (0.10) increments and matched
to an appropriate breakdown of the time that was taken to perform that work and
who performed it.
Minimum billing charges are unacceptable. CONSULTANT shall only charge for
actual time spent. For example,minimum of 0.2 hours for phone calls or 0.4 hours
for letters is unreasonable unless that is an accurate measure of time spent.
2. Each month's bill should include.a total to date. That total should provide, at'a
glance, the total fees and costs incurred to date for the case or matter.
3. Telephone, cellular phone and postage charges are billable at actual cost. A copy of
all service bills/costs should accompany the billing for each single item that exceeds
Seventy-Five Dollars ($75.00). The fee for the sending or receiving of facsimiles
shall not exceed Twenty-five Cents ($0.25) per page. CITY will not pay a fee or
agree/forms/exB-hourly fee/1 tn106 EXHIBIT B 1
Hourly Payment
EXHIBIT "B"
Payment Schedule(Hourly Payment)
charge for telephone calls or facsimiles to CITY. Photocopier costs should be no
more than the actual cost of duplication,or Ten Cents ($0.10) per page, whichever
is less.
4. CITY will not pay for secretarial time or secretarial overtime. CITY will not pay
for secretarial tasks or tasks that should be subsumed into CONSULTANT'S
overhead. For example, time spent for faxing, mailing, arranging for messengers
and calendaring are not acceptable charges.
5. CITY will not pay for word processing charges. This includes per page or hourly
charges.
6. CITY will not pay for billing or discussion of bills. If CITY has questions about
billing or needs additional information on bills, that is not a chargeable event;
CONSULTANT should respond without charging CITY for the time required.
7. CITY appreciates when CONSULTANT has researched an issue previously and
uses that research on the present case. CITY has retained CONSULTANT because
of its past experience. CONSULTANT shall not charge CITY for work it has done
and billed another client for in the past.
8. 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.
9. CONSULTANT shall submit to CITY an invoice for each monthly 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
agree/forms/exB-hourly fee/11/7/06 EXHIBIT B 2
Hourly Payment
EXHIBIT "Bn
PaymentSchedule (Hourly Payment)
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.
10. 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.
agree/forms/exB-hourlyfee/11/7/06 EXHIBIT B 3
Hourly Payment
FEE SCHEDULE
ANALYSES COST
Presence/Absence (T. Coliform/E. Coli) $ 600 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) $ 3500 Per Sample
Haloacedic Acids (HAA5) $ 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 LABO RIES, by:
Edward S. Behare- Vice President
ZA
ASSOCIATED LABORATORIES
806 North Batavia-Orange, California 92868 714/771-6900 FAX 7141538-1209
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 ty INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
IE
1. Requested by: Christi Mendoza, Risk Management DEC Q 8 2006
2. Date November 30, 2006
,ity of Huntington Beach
3. Name of contractor/permittee: Associated Laboratories Inc City Attorneys 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 Sign re Date:
APPROVALS
Approvals must be obtained in the order listed on this form. Two approvals are required
fora request to be granted. Approval fro the City Administrator's Office isoniy required if
Risk Managementand t City Attorneys Office.disagree.
Management 1
pproved ❑ Denied i 'y /�•g' (Lzq
Signature Date
2. City Attorney's Office
t
proved ❑ Denied Y 1 L2t� (7
a133ignature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed Waiver/modification request is to be submitted to the
Gity,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
TempWaiver 11/30/2006 1:55:00 PM
CORA CERTIFICATE OF LIABILITY INSURANCE 11 o8/2 0'
PRODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
California' DOI #0437762 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
19000 MacArthur 'Blvd., PH Flr
'Irvine, CA 92612-1447 INSURERS AFFORDING COVERAGE NAIL#
INSURED Associated Laboratories,. Inc. INSURERA: Hudson Specialty Insurance Com . A XV
DePar,'Inc. INSURERB:`Netherlands Insurance Company A XV
806 N. Batavia iNSURERC:
Orange,. CA 92668-2254 INSURERD:
INSURER E:
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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR kDO'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONDATE fMM(OOJYY1 LIMITS
GENERALLLABiUTY FEC6105441 01/23/2006 01/23/2007 EACHOCCURRENCE $ 11000,00
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ S010001
CLAIMS MADE XI OCCUR $5000 DEDUCTIBLE MED EXP(Arty one person) $ S'0001
A X $1,000,000. POLL. PERSONAL a ADV INJURY $ 1 000,00
X $1,000,000 PROF GENERAL AGGREGATE $ 2,000,00(
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,00(
POLICY PRO LOC
AUTOMOBILE LIABILITY BA9792677 01/23/2006 01/23/2007 COMBINED SINGLE LIMIT $
X ANY AUTO (Ea accident) 11000,000
X ALL OWNED AUTOS BODILY INJURY
X SCHEDULED AUTOS (par perms) S
B X HIRED AUTOS
'BODILY INJURY $
X NON-OWNEDAUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR a CLAIMS MADE AGGREGATE $
FORM $
DEDUCTIBLE ' , $
RETENTION $ =AsCG $
WORKERS COMPENSATION AND WC STATU- OTH-
EMPLOYERS*LIABILITY •�
E.L.EACH ACCIDENT $
ANY PROPRIETORIPARTNERIEXECUTNE
OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $
If yes,describe under "
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $
OTHER 10 Days Notice of Cancellatio
will be given for Non-Payment'
of Premium
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
E: Evidence of Insurance
ity, of Huntington Beach,. its, agents, officers and employees named additional insureds as respects
eneral liability but only if required by written contract with named insured prior to an occurrence
per attached end.#-FEI-0104-319-E. Waiver of subrogation applies per attached end.# FEI-0104-320-E.
ubject to all policy terms. and conditions
CERTIFICATE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL*)@1kXWM MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
City of Huntington Beach
2000 Main Street D(XDInx**x1(AfmKxoo@C4(DWAMXNPkMl(XNMNKKKXV1(XXXXXXXXX
Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE �.Tuta:`_
Susan Sa son/LUPE
ACORD 25(2001/08) FAX: (714)536-5212 OACORD CORPORATION 1988
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: November 13, 2006
2. Department: Public Works
3. Requested by: Derek Smith,Water Quality Coordinator
4. Name of consultant; Associated Laboratories
5. Attach the written statement of the specification, conditions-and;other requirements for the requested
services that was provided to solicited consultants in your answer to 11 of this form.
Attached
6. Amount of the contract` $60,000/year
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council'? E Yes ❑ No
9. Company number and object code where funds are budgeted: 50685802.69365
10. Is this contract less than $50,000? ❑ Yes E No
11. Does this contract fall within $50,000 and $100,000? E Yes ❑'No
12. is this contract over$100,000? ❑ Yes E 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.)
13. Were formal written proposals requested from at least three available qualified consultants?
E Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Attached.
15. Attach proposed scope of work.
Attached.
16. Attach proposed payment schedule.
Attached.
Department Head Signature RI ARD AiMDRIL, Manag
Purchasing/Central Services
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
t Ier Q�I WQ File, „Ix " i ra:C V\
....
CITY OF HUNTINGTON BEACH
PROFESSIONAL,SERVICES LISTING
Professional Services Account Series 69300-69395
as �,
Division or Fund Description Amount Business Unit Number
Capital Imp Reserve Design, project, management, inspection, &testing for CIP 150,000 10040314
Administration Special reports 10,000 10085101
NPDES Public information;technical assistance 100,000 10085102
Construction Minor design or specialty services; inspection 30,000 10085201
Development Development processing; CFD assistance 330,000 10085251
Transportation Development processing 100,000 10085301'
Maintenance Continue ADA transition services 75,000 - 10085401
Maintenance Building Reports&Specifications 25,000 10085402
Maintenance Building Inventory for CMMS program 200,000 10085402
Maintenance Building Reports&Specifications 15,000 10085403
Maintenance Certified Arborist reports 5,000 10085621
Air Quality Design, project, management, inspection,&testing for CIP 95,000 20185201
Air Quality Design, project management,inspection,&testing for CIP 30,000 20190007
Traffic Impact Design;capital project assistance 250,000 20685201
Traffic Impact Design;capital project assistance 980,000 20690001
Traffic Impact Design; capital project assistance 250,000 20690007
Gas Tax Street reports;capital project assistance 100,000 20785201
Gas Tax Design, project, management, inspection, &testing for CIP 100,000 20785412
Gas Tax Design, project, management, inspection, &testing for CIP 250,000 20790001'
Gas Tax Design, project, management, inspection, &testing for CIP 80,000 20790007'
Gas Tax Design, project, management, inspection,&testing for CIP 1,500,000 20790008
Park Acquisition&Develop Design, project,management, inspection,&testing for CIP 315,000 20987030
Sewer Design, project, management, inspection,&testing for CIP 350,000 21089008
Measure M Street reports;capital project assistance 100,000 21385201
Measure M Design, project, management, inspection, &testing for CIP 500,000 21390002
RDA Cap Project Area Design, project, management, inspection,&testing for CIP 2,600,000 30585201
Infrastructure Fund Design, project, management,inspection,&testing for CIP 500,000 31485201
Water Water Standards Update 25,000 50685201
Water Hydraulic Modeling 75,000 50685201
Water Records Update 50,000 50685201
Water Cathodic Protection Monitoring 50,000 50685201
Water Consultant services for water rate/prop 218 study 250 000 �500�685802
Water Annual water quality testing contract 65,000
Water Master Plan Design, project, management, inspection, &testing for CIP - 50,000 50785201
Water Master Plan Design, project, management, inspection, &testing for CIP 75,000 50791011
Water Master Plan Design, project, management, inspection, &testing for CIP 950,000 50791017
Sewer Service Design, project, management, inspection,&'testing for CIP 1,020,000 51185201
Sewer Service Design, project, management, inspection,&testing for CIP 400,000 51189001
Sewer Service Design, project,management, inspection,&testing for CIP 555,000 51189002
Sewer Service Design, project, management, inspection;&testing for CIP 75,000 51189003
OCTA/CIP Design, project, management, inspection,&testing for CIP 100,000 87390009
Storm Water Quality Design, project, management, inspection,&testing for CIP 840,000 89288005
Total Professional Services $13,470,000
G:\Budget\06-07Budget\Operating06-07\06-07 Professional Services