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HomeMy WebLinkAboutDe Par, Inc. dba Associated Laboratories - 2010-11-01Council/Agency Meeting Held: // -/ Deferred/Continued to: 'Ej Appproved Conditionally prove• Denied C 's Sig (ature Council Meeting Date: November 1, 2010 Department ID Number: PW10-059 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a professional services contract in the amount of $120,000 with De Par, Inc. dba Associated Laboratories for water quality analysis and sampling services Statement of Issue: As a retail water supplier, the City of Huntington Beach is mandated to report the results of routine water quality analyses and sampling per State and Federal guidelines. As is common practice with most municipal water utilities, an outside, State - approved, laboratory is used for analysis and reporting of water samples. Financial Impact: Funds for this service are budgeted in Water Fund Account 50685802.69365. The contract is for a three-year period in an amount not to exceed $120,000. Funding for subsequent years of the agreement will be submitted for City Council approval as part of the annual budget process. Recommended Action: Motion to: Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract between the City of Huntington Beach and De Par, Inc. (DBA Associated Laboratories) for Water Quality Analysis and Sampling Services." Alternative Action(s): Do not approve the agreement and instruct staff on how to proceed. Failure to perform and report the results of routine water quality analyses would put the City in violation of Federal and State law. HB -153- Item 8. - 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 11/1/2010 DEPARTMENT ID NUMBER: PW10-059 Analysis: In strict compliance with the California Department of Public Health (DOPH), the City contracts with a State -approved laboratory to collect and analyze bacteriological samples throughout the water distribution system. In prior years, the annual cost of this service was less than $100,000 and was included in the list of professional services submitted to City Council each year with the new fiscal year budget. New testing and reporting requirements have since put the annual cost over the $100,000 threshold. Therefore, this contract is presented for City Council approval. It is for a duration of three years and a not -to -exceed annual amount of $120,000. A Request for Proposals was issued on May 14, 2009, for Water Quality Analysis and Sampling Services. Six qualified laboratories submitted proposals. After review of the proposals and associated fee proposals, staff selected TestAmerica Laboratories, Inc., of Irvine to perform these services and a contract was awarded to this lab at the November 2, 2009, City Council meeting. However, staff experienced numerous problems with TestAmerica and determined that the best course of action was to terminate the contract and award to the next highest ranked firm, Associated Laboratories. Associated Lab's bid for routine sampling was slightly higher and will result in roughly $5,700 (4.8%) additional cost annually. Staff is familiar with Associated Labs because they held the previous three-year contract for water quality analysis services. Staff was pleased with Associated Laboratories performance over this period. Public Works Commission Action: Not applicable. Environmental Status: Not applicable Strategic Plan Goal: Maintain and Enhance Public Safety Attachment(s): 1. 1Professional Services Contract Between the City of Huntington Beach and Associated Laboratories for Water Quality Analysis and Sampling Services Item 8. - 2 HB -154- ATTACHMENT S 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 Services 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 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copyrights/Patents...................................................................................................7 City Employees 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 Services 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 De Par, Inc. (DBA corporation of the State referred to as "CITY, and Associated Laboratories) , a of California hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to perform water quality analysis and sampling services and Pursuant to documentation on file 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/ surfnet/professional sves mayor I Of 11 12/07 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 Nawmber_.2 , 20 10 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. 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 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 "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed one hundred twenty thousand Dollars ($ 120,000.00 ). 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 agree/ surfnet/professional Svcs mayor 2 of 11 12/07 such 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 agree/ surfnet/professional sves mayor 3 of 11 12/07 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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 forthwith terminate this Agreement. Such termination shall not effect agree/ surfnet/professional sves mayor 4 of 11 12/07 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. 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. agree/ surfnet/professional svcs mayor 5 of 11 12/07 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. 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/ surfnet/professional svcs mayor 6 of 11 12/07 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: Kenneth J. Dills 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Danielle Roberts Associated Laboratories 806 N. Batavia Orange, CA 92868 714-920-5157 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/ surfnet/professional svcs mayor 7 of 11 12/07 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 which is hereby affected shall be agree/ surfnet/professional svcs mayor 8 of 11 12/07 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, 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. agree/ surfnet/professional svcs mayor 9 of 11 12/07 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 r is withdrawn. CONSULTANT'S initials �� 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 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. agree/ surfnet/professional svcs mayor 10 of 11 12/07 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 Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, Associated Laboratories COMPANY NAME -�4'1 By: Tito L. a, President print tame ITS: (circle one) Chairman residen ice President ND By: Robert A. Webber, Treasurer print name ITS: (circle one Secretary/Chief Financial Officer/Asst. Secreta - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of INITIATED AND APPROVED: 'Public works Director/Chief REVIAr APPROVED: Cit Administrator APPROVED AS TO FORM: 11 `� City Attorney �112 agree/ surfnet/professional svcs mayor 11 of 11 12/07 EXHIBIT "A" A. Statement: Associated Laboratories is to be paid on monthly basis for performing 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 California Department of Public Health (CDPH) 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 Lead & Copper, General Physicals, Volatile Organic Compounds, Synthetic Organic Compounds, or other various types of specialized water analyses. 6. Samples are transported in ice chests designated for drinking water samples. 7. Perform the quarterly collection and analyses of water samples for the presence of Total Trihalomethanes (TTHM) and Haloacedic Acids (HAA5), using approved CDPH method, at four (4) 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: l . 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 CDPH 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 transport and bacteriological analyses for all city staff -collected samples on 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 (HAA5) at 4 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 project contract is September 30, 2013. LA9\ ASSOCIATED LABORATORIES 806 North Batavia - Orange, California 92868 - 714/771-6900 FAX 7141538-1209 June 12, 2009 City of Huntington Beach Public Works Department RE: Request for Proposal for Water Quality Analyses and Sampling Services Associated Laboratories is pleased to submit the attached proposal in response to the City of Huntington Beach's Request for Proposal for Water Quality Analyses and Sampling Services. Associated Laboratories is a full -service laboratory, which has been in business in the City of Orange for over 87 years. Associated Laboratories has been under the current ownership since 1969. We have been performing bacteriological analyses for over 40 years and since December 2006 have performed the routine bacteriological analyses for the City of Huntington Beach. The laboratory occupies two facilities totaling 17,500 square feet and the laboratory is integrated into the following departments: Chemistry/Spectroscopy, Chromatography, GC/MS, Microbiology, Biological Toxicity, Organic Preparation and Inorganic Preparation. 1. Chemistry/Spectroscopy 2. Chromatography 3. Special GC/MS 4. Microbiology 5. Biological Toxicity 6. Organic Preparation 7. Inorganic Preparation The second facility occupies 7,500 square feet and is used for the analyses of volatile organics compounds by gas chromatography and GC/MS. This facility is a "clean" laboratory and is free of solvents and chemicals that would normally interfere with trace level analyses of samples. This facility is also used for Microbiological Analyses and TOC analyses. Lab Contacts Danielle Roberts would be your assigned Project Manager. Danielle would be available to assist the City whenever needed. Also available would be our Microbiologist, Faad Hashemi. Faad is in charge of our Microbiological Department that would be handling the majority of your analyses. Faad and the microbiological department would be the group responsible for notifications to the City for delays or problematic results. Field Technicians We currently maintain a staff of nine (9) drivers. Our field technician, Henry Avila, has been handling the City of Huntington Beach samplings and most of the sample pickups. Henry has had over two years of sampling experience and is already familiar with the City's requirements. Henry would continue to handle this project with other drivers trained as backup. Sample Preparation Approximately 2300 cubic feet of refrigeration space is available for sample storage. We maintain twelve fume hoods. Sample preparation is conducted in separate locations in the laboratory and occupies a total of 2000 square feet. Quality Assurance Associated Laboratories is committed to generating quality analytical data that is supported by a scrupulously accurate Quality Assurance/Quality Control (QA/QC) program. This objective is met by the appointment of a QA/QC Manager and experienced analytical chemists to monitor the entire laboratory program; employment of highly developed computer hardware and software support to provide the economical means of QA/QC data storage, retrieval and interpretation and the institution of a system to periodically review of our QA/QC procedures in accordance with the most up-to-date advances in technology. The details of the Associated Laboratories QA/QC program are included in our QA Program Manual, which is available upon request. Chain of Custody & Sample Handling Associated Laboratories controls all samples from their receipt at the laboratory to their final disposition. All samples are assigned a unique Lab ID Number, a logbook is maintained to record all samples received, and a Laboratory Analysis Ticket is prepared for each sample. Sample storage is subject to detailed security and limited access procedures. Personnel Summa Total Staff..............................79 Total Scientific Staff...............56 UnderL,raduate and Graduate Decrees Awarded Chemistry Mathematics Biology Pharmaceutical Sciences Microbiology Computer Sciences Analytical Chemistry Fisheries Biology Equipment and Facilities Associated Laboratories is located in Orange County, California in a modern 10,000 square foot facility housing the following laboratories: 1. Chemistry/Spectroscopy 2. Chromatography 3. Special GC/MS 4. Microbiology 5. Biological Toxicity 6. Organic Preparation 7. Inorganic Preparation A second facility occupying 7,500 square feet is used for the analyses of volatile organics compounds by gas chromatography and GC/MS. This facility is a "clean." laboratory and is free of solvents and chemicals that would normally interfere with trace level analyses of samples. This facility is also used for Radiochemistry and TOC analyses. Sample Preparation Approximately 2300 cubic feet of refrigeration space is available for sample storage. We maintain twelve fume hoods. Sample preparation is conducted in separate locations in the laboratory and occupies a total of 2000 square feet. Proposal Validation Term All pricing included in this proposal is valid for a minimum of 180 days. Lab Location and Contact Info All work for this project will done through our office located at 806 N. Batavia Street, Orange, California 92868. (This is our only location.) The main phone number is (714) 771-6900, fax number is (714) 771-9933. Email should go to droberts a,associatedlabs.com. We sincerely appreciate the opportunity to submit our qualifications and pricing for your evaluation and we hope to continue our relationship with the City of Huntington Beach. ASSOCIATED LABORATORIES, by: Edward S. Behare, Ph.D. Appendix B Water Quality Analyses and Sampling Services Request for Proposal Vendor Application Form Type of Applicant: ❑ NEW CURRENT VENDOR Legal Contractual Name of Corporation: a2 � . � ���-4a Name of Contact for this RFP: tl JR n lc_-0' Corporate Mailing Address: (, n - ��Ao V i 2l City, State and Zip Code: _ OV-D"a, e I 0A cos-&2� E-Mail Address: @a Phone: �_�—��() �(��( Fax: rjL-�()1 ` c�33 Contact Person for Proposals:>\ic4c,h-�S Title: T T. E-Mail Address: �y,�l-5C�' 5 a l�6S - C6i'►-1 Business Telephone: LJ ��)-(44()C) Business Fax: � Jni—� Is your business: (check one) ❑ NON PROFIT CORPORATION Is your business: (check one) CORPORATION ❑ INDIVIDUAL ❑ PARTNERSHIP 92<OR PROFIT CORPORATION ❑ LIMITED LIABILITY PARTNERSHIP ❑ SOLE PROPRIETORSHIP ❑ UNINCORPORATED ASSOCIATION Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Name Title Phone G- 6 l.. ORr>C1a _PT_fR5 icy �ZL _�� I -(Cq(�o 1 of 2 Federal Tax Identification Number:-9-5 Z�151:31(735(�> City of Huntington Beach Business License Number: &'4 6 ) q (If none, you must obtain a Huntington Beach Business License prior to execution of contract.) City of Huntington Beach Business License Expiration Date: — 01 3v k b6 2of2 PARTIAL CLIENT LIST City of Anaheim City of Cerritos City of Carlsbad City of Downey City of Fullerton City of Garden Grove City of Tustin City of El Monte City of Glendale City of Torrance City of Dana Point City of Oceanside Yorba Linda Water District OC Waste & Recycling United Pumping Service Midway City Mutual Water District South Midway Water Orange County Sanitation Los Angeles County United Pumping Services Morr-Is Tested Kennedy Pipeline Trabuco Canyon Water District Fydaq Jimni Systems Villa Capri Crescent Water Association Certifications and Affiliations Associated Laboratories is certified by the Agencies listed below. Laboratory audits are performed routinely by these and other private corporations, government agencies, multinational organizations and others. NELAP Certificate 40432CA DOHS ELAP Certificate 41338 State of Nevada State of Hawaii County Sanitation Dist. of Los Angeles —Cert. #10105 Dept. of the Army, Corps of Engineers U. S. Navy U.S. Dept. of Transportation/U.S. Coast Guard - ID 416714/160.026 U.S. Food & Drug Administration —ID 4057625 2083634 Dept. of Toxic Substances —Tech Support Provider To keep infoirned of new technology and regulations, many of our employees are active in professional organizations that include: American Chemical Society Association of California Testing Laboratories Water Pollution Control Federation American Water Works Association Institute of Food Technologists - So. CA Sec. American Oil Chemists Society (Referee Chemist) California Water Pollution Control Association So. California Environmental Chemists Society OCDPH- PublicHealth CALIFORNIA STATE ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM BRANCH CERTIFICATE OF ENVIRONMENTAL ACCREDITATION Is hereby granted to ASSOCIATED LABORATORIES 806 N BATAVIA ORANGE, CA 92868 Scope of the certificate is limited to the "Fields of Testing" which accompany this Certificate. Continued accredited status depends on successful completion of on -site, proficiency testing studies, and payment of applicable fees. This Certificate is granted in accordance with provisions of Section 100825, et seq. of the Health and Safety Code. Certificate No.: 1338 Expiration Date: 10/31/2010 Effective Date: 10/01 /2008 Richmond, California George C. Kulasingam, Ph.D., Chief subject to forfeiture or revocation Environmental Laboratory Accreditation Program Branch CALIFORNIA DEPARTMENT OF HEALTH SERVICES ENVIRONMENTAL LABORATORY ACCREDITATION PROGRAM Accredited Fields of Testing ASSOCIATED LABORATORIES 806 N BATAVIA ORANGE, CA 92868 Certificate No:1338 Renew Date: 10/31/2006 Lab Phone (714) 771-6900 Field of Testing: 101 - Microbiology of Drinking Water 101.01 D 001 Heterotrophic Bacteria SM9215B 101.020 001 Total Coliform SM9221A,B 101.021 OD1 Fecal Coliform S619221 E (MTF/EC) 101.022 001 E. colt CFR 141.21(f)(6)(1) (MTFIEC+MUG) 101.050 001 Total Coliform SM9222A,B,C 101.051 001 Fecal Coliform SM9221E (MF/EC) 101,070 002 Total Coliform Colisure 101.070 003 E. coli Colisure 101.120 001 Total Coliform (Enumeration) SM9221A,B,C 101.130 001 Fecal Coliform (Enumeration) SM9221E (MTF/EC) 101.140 001 Total Coliform (Enumeration) SM9222A,B,C 101.150 001 Fecal Coliform (Enumeration) SM9222D Field of Testing: 102 - Inorganic Chemistry of Drinking Water 102.030 001 Bromide EPA 300.0 102.030 002 Chlorate EPA 300.0 102.030 003 Chloride EPA 300.0 102.030 004 Chlorite EPA 300.0 102.030 005 Fluoride EPA 300.0 102.030 006 Nitrate EPA 300.0 1 D2.030 007 Nitrite EPA 300.0 102.030 010 Sulfate EPA 300.0 102.040 004 Bromate EPA 300.1 102.045 001 Perchlorate EPA 314.0 102.050 001 Cyanide EPA 335A 1 D2.060 001 Nitrate talc. EPA 353.2 102.061 001 Nitrite EPA 353.2 102.070 001 Phosphate, Ortho EPA 365.1 102.100 001 Alkalinity SM2320B 102.120 001 Hardness SM2340B 102.130 001 Conductivity SM25108 102.140 001 Total Dlssolved Solids SM2540C 102.145 001 Total Dissolved Solids EPA 160.1 102.150 001 Chloride SM4110B 102.150 002 Fluoride SM4110B 102,150 003 Nitrate SM4110B As of 10/2512006 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 1 of 10 ASSOCIATED LABORATORIES 115.020 001 Toxicity Characteristic Leaching Procedure (TCLP) Certificate No: 1338 Renew Date: 10/31/2006 EPA 1311 115,030 001 Waste Extraction Test (WET) CCR Chapterl1, Article 5, Appendix II 115.040 001 Synthetic Precipitation Leaching Procedure (SPLP) EPA 1312 Field of Testing: 116 - Volatile Organic Chemistry of Hazardous Waste 116.010 000 EDB and DBCP EPA 8011 116,020 030 Nonhalogenated Volatiles EPA 8D15B 116.020 031 Ethanol and Methanol EPA 8015E 116.030 001 Gasoline -range Organics EPA 8015E 116,040 041 Methyl tert-butyl Ether (MTBE) EPA 8021B 116.040 060 Halogenated Volatiles EPA 80218 116.040 061 Aromatic Volatiles EPA 8D21 B 116.040 062 BTEX EPA8021B 116.080 000 Volatile Organic Compounds EPA 8260E 116.OBO 120 Oxygenates EPA 82608 116.100 001 Total Petroleum Hydrocarbons - Gasoline LUFT GC/MS 116.100 O10 BTEX and MTBE LUFT GUMS 116.110 001 Total Petroleum Hydrocarbons - Gasoline LUFT Field of Testing: 117 - Semi -volatile Organic Chemistry of Hazardous Waste 117.010 001 Diesel -range Total Petroleum Hydrocarbons EPA 80156 117.015 001 Diesel -range Total Petroleum Hydrocarbons LUFT GC/MS 117,016 001 Diesel -range Total Petroleum Hydrocarbons LUFT 117.017 001 TRPH Screening EPA 418.1 117.110 000 Extractable Organics EPA 8270C 117.140 000 Polynuclear Aromatic Hydrocarbons EPA 8310 117.210 000 Organochlorine Pesticides EPA 8081A 117.220 000 PCBs EPA8082 117.240 000 Organophosphorus Pesticides EPA 8141A 117.250 000 Chlorinated Herbicides EPA 8151A Field of Testing: 119 - Toxicity Bioassay of Hazardous Waste 119.010 001 Fathead Minnow (P. promelas) Polisini & Miller (CDFG 1988) Field of Testing: 120 - Physical Properties of Hazardous Waste 120.010 001 Ignitablltty EPA 1010 12D.030 001 Corrosivity EPA 1110 120.040 001 Reactive Cyanide Section 7.3 SW-846 120.050 001 Reactive Sulfide Section 7.3 SW-846 120.070 001 Corrosivity - pH Determination EPA 9040E 120.080 001 Corrosivity - pH Determination EPA 9045C Field of Testing: 126 - Microbiology of Recreational Water 126.010 001 Total Coliform (Enumeration) SM9221A,B,C 126.020 001 Total Coliform (Enumeration) SM9222A,B 126.030 001 Fecal Coliform (Enumeration) SM9221E 126.040 001 Fecal Coliform (Enumeration) SM9222D As of 10/2512006 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 9 of 10 ASSOCIATED LABORATORIES 126.060 001 Enterococci SM9230C Certificate No: 1338 Renew Date: 10/31/2006 As of 10/25/2006 , this list supersedes all previous lists for this certificate number. Customers: Please verify the current accreditation standing with the State. Page 10 of 10 DANIELLE ROBERTS PROJECT MANAGER EDUCATION: Business/Management courses: Cypress and Long Beach City Colleges 40 Hour Hazwoper Certification - The Safety Connection EXPERIENCE: 1995 to Present - Project Manager - Associated Laboratories Monitor soil/water, etc., testing and reporting systems with staff of varying education/experience levels. Manager of 10-15 projects simultaneously. Review projects daily to assure data accuracy and testing progress, reduce turn -around time and increase satisfaction of clients (e.g., Los Angeles Public Works, Chevron, Bechtel, Morrison Knudson). Reestablished/increased customer base through cold and follow-up calls. Provide projected costs to Accounting department, for use in contract negotiations. Achievements: Reorganized systems in order to improve testing routines, increased capacity and enhanced overall service. Received commendations from clients, upper management and peers. Named "Employee of the Year" in 1995. Staffed booth at wastewater and hazardous materials trade shows and represented company at PEMA meetings. 1986 to 1995 - Lab Technician - Associated Laboratories Began employment as analyst, performing wet chemistry analyses and other forins of testing and was promoted to the ranks. Achievements: Supervised volatile/petroleum hydrocarbon laboratory. Operated mobile laboratories in a territory extending south to El Centro and north to Fresno. FAAD IIASIIEMI MICROBIOLOGY SUPERVISOR EDUCATION: 1995 - M. S. in Microbiology - University of North Texas 1988 - B.A. in Chemistry - University of North Texas EXPERIENCE: 11/99 To Present Associated Laboratories - Microbiology Laboratory Supervisor. Duties include: PCR testing in soil for detection of E. Coli, Assimilable Organic Carbon testing of water according to Standard Methods, Standard Methods Procedures for Coliform and E. Coll testing, and Giardia and Cryptosporidium testing according to the ICR Microbial Laboratory Manual. 1997 To 1999 - Azad University, Tehran, Iran - Laboratory instructor in Chemistry. 1993 To 1995 - University of North Texas - Environmental lab work on water and soil pollutants. 1992 To 1994 - Richardson Independent School District- Biology and Chemistry Instructor. 1990 To 1992 - Denton Independent School District - Biology and Chemistry Instructor. 1988 To 1990 - Dallas Independent School District - Biology and Chemistry Instructor. HENRY AVILA FIELD TECIINICIAN Experience: Associated Laboratories: From April 2007 to Present Trained in-house in the proper methods of sample collection and transportation. Has experience with the City of Huntington Beach project and procedures. Huntington Beach Task List A - Associated Laboratories is fully capable of performing the collection (at City specified designations), transport and analyses of the forty-four routine weekly samples. We will also transport and analyze the weekly source and supply samples (approx. 19/week). All samples will be analyzed for 24-hr Presence/Absence Technique, Heterotrophic Plate Count, and Total & Free Chlorine Residual. The results will be forwarded to the City within 4 hours of analyses completion in pdf format on laboratory letterhead with hardcopy sent by mail and city's electronic Excel template emailed within 48 hrs. B— At the City's request, Associated Laboratories can provide the personnel required for the collection of the weekly source and supply samples. We do request a 24 hr notice. C— Associated Laboratories will coordinate with the City Water Quality Section on all work. D— Associated Laboratories will also transport and analyze special bacteriological samples collected by the City for new construction or repairs on the distribution system. The results will be forwarded to the City within 4 hours of analyses completion in pdf format on laboratory letterhead with hardcopy sent by mail and city's electronic Excel template emailed within 48 hrs. E— The results will be forwarded to the City within 4 hours of analyses completion in pdf format on laboratory letterhead with hardcopy sent by mail and city's electronic Excel template emailed within 48 hrs. F— Lab personnel will immediately notify the proper City contacts of any samples for total coliform, fecal coliform or E. coli with a result of present. Immediate notification will also be made for any sample result for Heterotropic Plate Count >500. G— The proper City contacts will be notified immediately of any cancellation or delays in sample collection. They will also be notified of any problems or delays in analyses involving samples already taken or scheduled to be taken. H— Our Field Technician will follow the procedures and guidelines for sample collection as acceptable to the City according to Appendix A. I — Our Field Technicians will be available to private contractors for collection and bacteriological analyses of recheck samples in Huntington Beach and Seal Beach. The cost for rechecks will be invoiced directly to the private contract requesting the work. J— Our Field Technician will collect and analyze samples for Chlorine Residual in accordance with DOHS requirements using DPD method with a HACH Pocket Colorimetric II concurrent with the collection of all bacteriological samples. The Colorimeter will be available to the City for random calibration checks. K— Our Field Technician will collect and transport water samples for the analyses of Total Trihalomethanes (TTHM) and Haloacetic Acids (HAA5) by approved DOHS method. As per the City's instructions, 16 samples will be taken at the date, time and site determined by City personnel. The results will be forwarded to the City within 4 hours of analyses completion in pdf format on laboratory letterhead with hardcopy sent by mail and city's electronic Excel template emailed within 48 hrs. L— All sample collection, transportation and analyses will be performed by Associated Laboratories personnel. M— Our Field Technicians will be available for collection and/or transport on an as needed basis with a minimum 24 hr notice. TIME TABLE ACTION EXPECTED RESONSE TIME Analyses for Presence/Absence (T. Coliform/E. Coli) 24 Hrs Analyses for Chlorine Residual Analyses performed in the field during collection Analyses for E. Coli Included in Presence/Absence Analyses for Fecal Coliform 96 Hrs Analyses for Heterotrophic Plate Count 48 Hrs Analyses for TTHM 5 — 7 Days Analyses for HAA5 5 — 7 Days -Reporting of Electronic Results Within 4 Hrs Reporting of City's Electronic Excel Template Within 48 Hrs Reporting of Hard Copy Results Within 48 Hrs Collection of 44 Weekly Routine Bacteriological Samples 6 — 7 Hrs Collection of TTHM or HAA5 6 — 7 Hrs 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 hr notice. If the samples are just being picked up, please call by 8 or 9 am for same day pick up. 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 frame. Notification of Positive Samples or Invalidated Samples Within 24 Hrs Notification of Cancellation or Delay for Sample Collection Immediate Notification of Delay Regarding Sample Analyses Immediate ��:ir3� LAk SOCLUED LABORATORIES 806 North Batavia • Orange, California 92868 FEE SCHEDULE — Per Sample/Test ANALYSES COST Presence/Absence (T. Coliform/E. Coli) $ 5.00 Per Sample Chlorine Residual (Free or Total) $ 2.00 Per Sample Fecal Coliform $ 12.50 Per Sample E. Coli Included in Presence/Absence Heterotro hic Plate Count $ 3.50 Per Sample Total Trihalomethanes (TTHM) $ 30.00 Per Sample Haloacetic Acids (HAA5) $ 60.00 Per Sample Charge for Sample Pick -Up No Charge Charge for Sample Collection $ 45.00 Per Hour CONSTRUCTION SITE — Per Sample/Test Chlorine Residual Free $ 2.00 Chlorine Residual Total $ 2.00 Total Coliform/E. Coli $ 5.00 Heterotro hic Plate Count $ 3.50 1 Hour Sample Collection Time $ 45.00 TOTAL $ 57.50 NVV EEKLY ROUTE Standard North/South Route 44 Samples Chlorine Residual Free $ 2.00 x 44 Samples Chlorine Residual Total $ 2.00 x 44 Samples Total Coliform/E. Coli $ 5.00 x 44 Samples Heterotrophic Plate Count $ 3.50 x 44 Samples Sample Collection Time 6 Hrs @ $45.00 Per Hour (x2 Routes) TOTAL $1,090 --- J91 Ed and S. Be are, Ph.D. ASSOCIATED LABORATORIES su#,l INSURANCE AND INDEMNIFICATION WAIVER V Km222 ,,B MODIFICATION REQUEST 1 Requested by: Public Works Utilities JUI 2, Date: July 29, 2010 3. Name of contractor/permittee: Associated Laboratories 4. Description of work to be performed: Collect and analyze bacteriological samples from the citV's water supply 5. Value and length of contract: (No contract) $25,000 August 2010 - January 2011 6. Waiver/modification request: Waive the $10,000 SIR on the Professional Liability Policy 7. Reason for request and why it should be granted: Insured unable to comply with SIR requirements 8. Identify the risks to the City in approving this waiver/modification: N/A Departt,bnt Head Signature Date -- 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 and thq City Attorney's Office disagree. 1. LRiisk Management Approved ❑1:1 Denied 1 7 — - ----- Signature Date te---- 2. City Attorney's Office —b---Approved 0 Denied Signature Date 3. City Administrator's Of ice El Approved El 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 Human Resources Waiver Form 7/29/2010 2:13:00 PM ACC>11*� V CERTIFICATE 4F LIABILITY INSURANCE EDATE(M6M/Da , PRODUCER Edggewood Partners Insurance Center (EPIC) 19000 MacArthur Blvd. PH Floor Irvine, CA 92612 (949) 263-0606 w�woo lins.com _ (949) 263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE _ _ _NAIC # INSURED De Par Inc. dba: Associated Laboratories, Inc. 806 N. Batavia Orange CA 92868 JNSURER A: Greenwich Insurance CpMpAny 22322 INSURER B: Netherlands insurance COmD_an _ 24171 INSURERC: C ress Insurance Com an _YQ�p---_-__--_- _ 10855 ___— INSURER D: rOVFRArFR 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 Db' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY GECO02209103 1/23/2010 1/23/2011 EACH OCCURRENCE $ 1.000,000 COMMERCIAL GENERAL LIABILITY _ CLAIMS MADE FA_OCCUR Subject to a $5,000 ded BI/PD DAMAGE TO RENTED PREMISEs_(Ea occurrence)___ MED EXP (Any one person) §100.000 $ 5.000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE _$ 2000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _ PRODUCTS - COMPIOP AGG S 2,000,000 POLICY �/ PRO- LOC — - --- B AUTOMOBILE _✓ LIABILITY ANYAUrO BA9792677 1/23/2010 1/23/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILYINJURY _ (Per accident) $ HIRED AUTOS NON -OWNED AUTOS No Liability Ded PROPERTY DAMAGE (Per accident) $ or S.I.R GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN — ]LNYAIITO Afff[(WIDA.STOFO - S AUTO ONLY: AGG EXCESS 1 UMBRELLA LIABILITY iF 1 iVl C V fZATH EACH OCCURRENCE S OCCUR CLAIMS MADE 0RNEY AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ C N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE F OFFICERMIEMBER EXCLUDED? (Mandatory In HH) 3300053746-091 9/1/2009 9/1/2010 WCSTATU-Ol'H- ✓ TOR.Y_LIMITS-_ ER_—.�-__�.__..._� E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE_ _S___1 001000 U es, describe under SPECIAL PROVISIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,00 OTHER A Pollution/Professional PECO02209203 1123/2010 1/23/2011 2,000,000/$1,000,000 subject to a $10,000 retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Job description: All Operations 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 insured prior to an occurrence - subject to all of the 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. All Operations The City of Huntington Beach, its agents, officers and employees. Attn: Risk Management 2000 Main Street Huntington Beach CA 92648 ACORD 25 (2009101) CERT tIO, z 7710293 Jan SC.hWarta 7/s/2n10 12:52:10 PM Page 1 o1 7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL NXIiI MAIL 30 - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, tVv)e)6fcX*0000=)6X)W al���ra x�fux�A(>yaa(cax�x�orscaa�axt�a� pgpQfpEyg9( - 10 Days for Non -Payment of Premium. AUTHORIZED REPRESENTATIVE _ / Susan J. Sampson ©1988-2009 ACORD CORPORATION. All rights reserved. 10/05/2010 14:00 FAX EPIC Q 0003/0004 AC®R®� DATE (MMlnoffy ) �� CERTIFICATE ®F LIa4BILl INSI� IVCE 9/10/ 0 0 PRODUCER Edgewood Partners Insurance Center (EPIC) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 19000 MacArthur Blvd. PH Floor ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Irvine, CA Arthu HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES RFLOW_ INSURERS AFFORDING COVERAGE I NAIC # INSURED DePar Inc. DBA: Associated Laboratories, Inc 806 N. Batavia Orange CA 92868 INSURER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 DD' 'TYPE OF INSURANCE ' POLICY NUMBER DPOLICY EFFECTIVE POLICY EXPIRATIO OMITS GENERAL LIABILI Y EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMI �'r6A� {Ea ernTrrenra $ MED EXP Any one ersm) $ CLAIMS MADE OCCUR PERSONALS ADV INJURY $ GENERAL AGGREGATE S GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO• LOC ta AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) S BODILY INJURY (Per person) $ ALLOWNEDAUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS . P ED A TO FO DAMAGE accident) $ �- ^ ,I,e 13� p ��G 3, LYI(Per MHACPROPERTY GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO / q�� 5 AUTO ONLY_ AGO EXCESS I UMBRELLA LIABILITY FILCH OCCURRENCE $ AGGREGATE _ $ OCCUR CLAIMS MADE $ $ DEDUCTIBLE S RETENTION $ I A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ OFFICEPJMEMBER EXCLUDED? 3300053746-101 9/1/2010 9/1/2011 wcSTATU• OTH- `ER E.L. EACH ACCIDENT ' $ 1,000.0 QQ E.L. DISEASE - EA EMPLOYEE 5 1,000,000 (Mandatory in NH) S yes, describe under SPECIALPROVISIONSWow E.L. DISEASE - POLICY LIMIT S 1,000,000 OTHER I DESCRIPTION OFOPERATIONS I LOCATIONS I VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS 30 day notice of cancellation- 10 days notice applies to non-payment of premium CERTIFICATE HOLDER CANCELLATION All Operation SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION The City of Huntington Beach, its agents, Officers and employees. DATE THEREOF, THE ISSUING INSURER WILL MOEXAQJ6 W MAIL 30 • DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Risk Management 2000 Main Streeter Huntington Beach CA 92648 • 10 Days for Non -Payment of Premium. AUTHORIZED REPRESENTATNE Susan J. Sampson <~—U ACORD 25 (2009101) ©1988 2009 ACORD CORPORATION. All rights reserved. CERT NO., 8235613 San Schwartz 9/10/2010 11:11:26 AM ?age i of 2 wartsonfinal- CERTIFICATE ADDENDUM CERT NO.: 7770243 Jan :{0hwae LX 7/6/2010 12:132:10 PM P:lr4a 2 Of '7 De Par Inc. dba: Associated Laboratories, Inc. 7/6/2010 POLICY NUMBER: GECO02209103 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) 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. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page y of 1 0 Ce.RT NO.; 77110243 Tan SChwarLZ 7/6/1.010 12;52:10 PM Page 3 of 7 De Par Inc. dba: POLICY NUMBER: GECO02209103 7/6/2010 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as it afforded by this policy, but only with respect to (1) occurrence taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. G 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 CERL NO.: 1770243 Ja11 SCh Wark.'I. 7/C/20.10 12:52:10 PM PIgP. 4 Of. 7 Page 1 of 1 0 De Par Inc. dba: BA9792677 7/6/2010 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION 11— LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09104) Page 1 of 3 C FRT NO.: 7770243 .Tan &chwart- 1/6/"1010 17:52;10 1'M Page ., CA 7 SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the `loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". if "loss" results from the total theft of a covered "auto" of the private passengertype, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured —Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for 'loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 2 of 3 (TRT No.: 7773243 Jan SchwaYLZ 7/6/7.070 72:57.;10 P14 Page 6 0J. 't b. Equipment designed or used for the detection or location of radar, c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, 'suit", or loss, by other employee($) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.1b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09104) cF,RT NO.: 7770243 Jan Schwartz 7/6/2010 12;52:10 PM Page 7 .1. 7 Page 3 of 3 ecertsonfine14 CERTIFICATE ADDENDUM CERT NO.: 7770243 Jan Schwartz 7/6/2010 12:52:10 PM Page 2 of 7 De Par Inc. dba: Associated Laboratories, Inc. 7/6/2010 POLICY NUMBER: GECO02209103 COMMERCIAL GENERAL LIABIUITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 'j 11 '.. '-to]', ,i, ' ;I •; This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of -Additional Insured -Persons Or-Organization(s)— 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 Il — Who Is An Insured is amended to include as an additional insured the persons) 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. CG 20 26 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 CERT NO.: 7710243 aan Schwarz= 7/6/2010 12:52:10 PM Page 3 of 7 De Par Inc. dba: 7/6/2010 POLICY NUMBER: GECO02209103 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECGr!'ERT AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as it afforded by this policy, but only with respect to (1) occurrence taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. G 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ CERT NO.: 7770243 Jan Schwartz 7/6/2020 22:52:10 PM Page 4 of 7 De Par Inc. dba: BA9792677 7/6/2010 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION 11— LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership orjoint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self -insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract', or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. 2. COVERAGE EXTENSIONS a. Supplementary Payments Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 1 of 3 CERT NO.: 7770243 Jan Schwartz 7/6/2010 12:52:10 PM Page 5 of 7 SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the 'loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident" for the actual loss of use to the owner -of -the -covered "auto'. c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto' you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 5. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto'. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto'. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 8. Lease Gap Coverage If a long-term leased "auto' is a covered "auto' and the lessor is named as an Additional Insured —Lessor, in the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3: The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09/04) Page 2 of 3 CEAT NO.: 7770243 Jan Schwartz 7/6/2010 12:52:20 PM Page 6 of 7 b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c. does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. SECTION IV. — BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added: 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. Includes copyrighted material of Insurance Services Offices, Inc. with its permission GECA 701 (09104) Page 3 of 3 CERT NO.: 7770243 Jan Schwartz 7/6/2010 12:52:10 PM Page 7 of 7 Q��� �StING?py� a CITY OF • BEACH Professional Service Approval Form a' PART I Date: 9/2/10 . Project Manager Name: Derek Smith Requested by Name if different from Project Manager: Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY ADMINISTRATOR, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Provide routine water quality analyses and sampling per State and Federal guidelines. Please note, this service was previously solicited by RFP in May 2009 and awarded to another firm. That firm has not performed to staff s satisfaction (memo attached) and we wish to award a contract for these services to the second ranked firm from the RFP selection process. 2) Estimated cost of the services being sought: $ 120,000/year 3) Are sufficient funds available to fund this contract? ® Yes ❑ No 4) Is this contract generally described on the list of professional service contracts approved by�the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes❑ No 5) Business Unit and Object Code where funds are budgeted: 50685802.69365 6) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08 — Contract Limits of $30,000 or less exempt procedure will be utilized. Department Head Signature APPROVE DENIED ❑ C d inistrator's Signature Director of Finance's Initials Date Q-Z- Zo 10 �i Date Date + Deputy City Administrator's Initials I-s' Date - �' ,� 1 '.. BEACH Professional Service Approval Form. Date: 9/1/2010 Project Manager: Derek Smith Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Associated Laboratories 2) Contract Number: PWK 01005100 (Contract numbers are obtained through Finance Administration) 3) Amount of the contract: $ 120,000/year 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) 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 the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from wh m proposals were requested (including a contact telephone number.) a f��h-e, a 9). Attach Exhibit A, which describes the proposed scope of work. Gc9a7 �'�`��- a 14aC, 10) Attach Exhibit B, which describes the payment terms of the contract. i D'rector of Finance (or designee) Signature Date Water Quality Analysis & Sampling Proposals Received Requirement: 4 Hard Copies and 1 Disk Copy of Proposals Proposer # of Fee # of Hard # of Disk Proposals Copy Copy Received Proposals Proposal Received Received Associated Labs 5 4 1 806 North Batavia Orange, CA 92868 Attn: Danielle Roberts 714-771-6900 Michelson Laboratories, Inc 1 4 1 — but only 6280 Chalet Drive includes fee Commerce, CA 90040 proposal and Attn: Stephen C. Roesch cover page 562-928-0553 Sierra Analytical Labs, Inc. 1 4 1 —but 26052 Merit Circle Ste 105 documents Laguna Hills, CA 92653 were not Attn: Richard K. Forsyth, Lab organized and Director formatted as 949-348-9389 the final version TestAmerica Laboratories, Inc. 1 4 1 4101 Shuffel St. NW North Canton, OH 44720 Attn: Jennifer Stack 949-261-1022 Truesdail Laboratories, Inc. 4 4 1 14201 Franklin Avenue Tustin, CA 92780 Attn: Mona Nassimi 714-730-6239 Week Laboratories, Inc. 1 4 0 14859 E. Clark Avenue City of Industry, CA 91745 Attn: Leo Raab 626-336-2139 �05)?60 ' q-sq3 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK November 2, 2010 Danielle Roberts Associated Laboratories 806 N. Batavia Orange, CA 92868 Dear Ms. Roberts: Enclosed for your records is a fully executed copy of the Professional Services Contract between the City of Huntington Beach and Associated Laboratories for Water Quality Analysis and Sampling Services. Sincerely, e:x g4) Jo L. Flynn, CIVIC City Clerk JF:pe Enclosure G:fo11owup:agrmt1tr Sister Cities: Anjo, Japan • Waitakere, New Zealand (Telephone: 714-536-5227 )