Loading...
HomeMy WebLinkAboutTRUESDAIL LABORATORIES, INC - Professional Services to Provide Water Quality Analyses - Analysis Services - 1997-11-17 9 11/17/97 - Counci�enc Agenda - Page 9 ( ) 9 Y 9 9 E-11. (City Council)Approve Release Of The Guarantee&Warranty Bond For Tract No. 14319 - Pacific Coast Homes -s/o Evening Hill Drive -w/o Goldenwest Street (420.60 - 1. Release Guarantee and Warranty Bond No. 8583-M from (Pacific States Insurance Company); and 2. Instruct the City Clerk to notify the developer, Pacific Coast Homes, of this action, and the City Treasurer to notify the Bonding Company of this action. Submitted by the Public Works Director [Approved-- 7-0] E-12. (City Council)Approve Removal And Replacement Policy For Park Play Equipment- (920.40) 1. Remove potentially unsafe play equipment in Huntington Central, Hawes, Lake View, LeBard, Marina, Schroeder, Seabridge, Wardlow and Worthy Parks as presented in Attachment No. 1 to the Request for Council Action dated November 17, 1997; and 2. Approve the short and long term policies to address Consumer Products Safety Commission (CPSC) guidelines and Americans with Disabilities Act (ADA) for replacement of play equipment in city parks as presented in Attachment No. 2 to the Request for Council Action dated November 17, 1997. Submitted by the Community Services Director [Approved-- 7-0] E-13. (City Council)Approval Of Annual Professional Service Contract To Perform Water Quality Analyses For Water System -Truesdail Laboratories Inc. (600.10) 1. Approve the selection of Truesdail Laboratories, Inc., in an amount not to exceed $40,000.00 for the Fiscal Year 97/98 contract; and 2. Authorize the Mayor and City Clerk to execute the Professional Services Contract between the City of Huntington Beach and Truesdail Laboratories, Inc. to provide Water Quality Analyses Services. Submitted by the Public Works Director [Approved-- 7-0] E-14. (Redevelopment Agency)Approve Amendment No. 4 To The Agreement For Legal Services Between The Redevelopment Agency And Lewis, D'Amato. Brisbois & Bisgarrd - Bloom Case- (600.30) Approve and authorize execution by the Chairman and Clerk of Amendment No. 4 to Agreement between the Redevelopment Agency of the City of Huntington Beach and Lewis D'Amato, Brisbois& Bisgarrd for Legal Services for Bloom v. Redevelopment Agency of the City of Huntington Beach in connection with the litigation of the lawsuit entitled Bloom v. City of Huntington Beach and Redevelopment Agency of the City of Huntington Beach. Submitted by the City Attorney [Approved-- 7-0] E-15. (Redevelopment Agency)Approve Amendment No. 1 To The Owner Participation Agreement (OPA) 126 Main Street(Standard Market) -Mohammed And Adel Zeidan - Modification Of Insurance Requirements & Plan Submittal Date -126 Main Street- (600.30) 1. Approve First Amendment to Owner Participation Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Mohammed and Adel Zeidan; and 2. Direct the Agency Chairperson, Agency Clerk, and Agency Executive Director to execute this Amendment, the original OPA and the Restrictive Covenants when signed by the participants and notarized, then record with the County Recorder. Submitted by the Economic Development Director [Approved-- 5-0; Green, Garofalo: Absent from room] (9) *QUEST FOR COUNCIL ACT U/1/41 MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER:W097/8-02 Council/Agency Meeting Held: 111111.19-7 Deferred/Continued to: BApprooed ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: November 17, 1997 Department ID Number: W097/8-02 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS i SUBMITTED BY: RAY SILVER, Acting City Administratore"Vt Q PREPARED BY: MbES M. JONES II, Director of Public Work '�/✓ SUBJECT: APPROVAL OF ANNUAL PROFESSIONAL SERVICE CONTRACT TO PERFORM WATER QUALITY ANALYSES FOR WATER SYSTEM E Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s) Statement of Issue: Water quality analyses for the City's water supply must be performed by a laboratory approved by the State Department of Health Services. The City does not have the facilities to perform these analyses, which are typically done at the rate of fifty (50) per week at various locations throught the distribution system. The annual expenditures for this professional service exceed $10,000.00, and thus require Council authorization. Proposals for this work were solicited; five were received and evaluated and an award of contract is ready to be made. Funding Source: Monies budgeted in the Water Fund Operating Account E-EW-PW-925-3-90-00 for FY 1997/98 are intended and sufficient to fund this work. Recommended Action: 1. Approve the selection of Truesdail Laboratories, Inc., in an amount not to exceed $40,000.00 for the Fiscal Year 97/98 contract. 2. Authorize the Mayor and City Clerk to execute the attached Professional Services Agreement with Truesdail Laboratories, Inc. WQ97-2AN.DOC -2- 13 11/05/97 4:41 PM #QUEST FOR COUNCIL ACAN MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER:WO97/8-02 Alternative Action(s): 1. Do not select the use of Truesdail Laboratories, Inc., and direct staff on how to proceed. 2. Direct staff to solicit additional proposals. It should be noted that staff must use the State Department of Health Services' list of approved laboratories. To staffs knowledge, the six laboratories listed below are the only approved laboratories within Orange, Los Angeles, and Riverside counties that meet all state approvals. Analysis: The City of Huntington Beach is required by the State Department of Health Services (DOHS) to perform specific water quality analyses on a scheduled basis. A California State Approved Laboratory must perform these analyses. The City does not have the facilities to meet the approved laboratory standards. The cost for the City to open an approved laboratory and operate it on an annual basis would be cost prohibitive at this time. A minimum of two new employees would be required at an estimated cost of $125,000.00 per year. Capital costs for the laboratory equipment are estimated to be $250,000.00 initially. More equipment would need to be added as time went on. The laboratory also would not be used on a continuous basis as the workload is not heavy enough. This type of work is best contracted out to a private laboratory already approved by DOHS. In accordance with Huntington Beach Municipal Code 3.03, any request for use of professional services over $10,000.00 must have approval of the City Council. A Request for Proposal to provide professional laboratory services for FY 97/98 was. mailed to the following qualified laboratories: 1. Associated Laboratories Orange, California 2. Clinical Laboratory of San Bernardino, Inc. San Bernardino, California 3. Crosby Laboratories, Inc. Anaheim, California 4. Truesdail Laboratories, Inc. Tustin, California 5. Sierra Laboratories, Inc. Laguna Hills, California 6. E. S. Babcock, Inc. Riverside, California Proposals were received from five of the six laboratories (Associated Laboratories of Orange, Truesdail Laboratories, Inc. of Tustin; Sierra Laboratories, Inc. of Laguna Hills; E. S. Babcock, Inc. of Riverside and Clinical Laboratories of San Bernardino, Inc.) prior to the deadline. An evaluation of these proposals by three City water quality staff members utilizing the attached rating form determined the proposal submitted by Truesdail Laboratories, Inc. to be the most responsive, by virtue of the highest rating (see attached scoring summary). WQ97-2AN.DOC -3- 11/05/97 4:41 PM *QUEST FOR COUNCIL ACAN MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER:WO97/8-02 Environmental Status: The professional service contract to perform water quality analyses has been determined to be categorically exempt pursuant to Class I, Section 15301 of the California Environmental Quality Act. Attachment(s): #1 - Sample of Request for Proposal dated September 6, 1997. #2 - Professional Services Agreement #3 - Approve Insurance Accord #4 - Rating Forms #5 - Request for Legal Services - Opinion on Professional Service City Clerk's Page Number No. Description ---------------- Start Numbering RCA Author: Howard Johnson phone extension 5503 WQ97-2AN.DOC -4- 11/05/97 4:41 PM ATTACHMENT #1 #TTACHMENT #16 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 August 29, 1997 Central Service Division 714/ 536-5221 Subject: Request for Proposal for Contract Services to Perform Water Quality Analyses and Sampling The City of Huntington Beach Department of Public Works, Water Division, is request proposals from approved, qualified contractors who are certified as California Department of Health Services Environmental Laboratory Testers of Drinking Water. The scope of work for which proposals are being solicited includes the following tasks: A. Coordinate with the City Water Quality Section on all work. B. Perform the collection and analysis of forty (40) weekly routine bacteriological samples as directed by City. Bacteriological tests to be performed shall be 24-hour Presence-Absence Technique and Heterophic Plate Counts on each sample. Submit results to City Water Quality Section. C. Perform the collection and analysis of special bacteriological samples taken by City forces for new construction or repairs on the distribution system. Submit results to City Water Quality Section. D. Be available to respond to private contractors that require bacteriological samples to be collected and tested for work in Huntington Beach and Sunset Beach. The samples requested by private contractors shall be at contractor's expense. E. Perform the collection and analysis of weekly water samples at the forty (40) routine bacteriological sampling points through the system and test chlorine residual. Perform chlorine residual tests in accordance with DOHS requirements using DPD Method on those samples and submit results to the City Water Quality Section. W . 1 Document5 08/29/97 12:12 PM • REQUEST FOR PROPOSAL FOR CONTRACT SERVICES TO PERFORM WATER QUALITY ANALYSES AND SAMPLING F. Perform the collection and analysis of weekly source samples to be taken at wells and Metropolitan Water District connections (maximum 15 per week). Submit results to the City Water Quality Section. G. Perform quarterly collection and analysis of water samples for the presence of Trihalomethanes, using an approved DOHS method, at sixteen (16) locations designated by the City. Actual dates and times for collection shall be scheduled with the Water Quality Section. Submit results to City Water Quality Section. H. All samples be collected by and tested by employees of the contractor. All of the above analyses and procedures shall be performed in a manner approved by the City Water Quality Section and the State Department of Health Services. I. PROPOSALS A. Proposals for this project must be submitted to the City of Huntington Beach, Attention Central Services, 2000 Main Street, Huntington Beach CA 92648, by 9:00 a.m. on September 19, 1997, with the following notation on the envelope: "Water Quality Proposal". B. Each proposal shall include the following information: 1. A List of agencies for which your firm performs similar contracted services. 2. Your State certificate numbers, as required to perform these services. 3. A list of your personnel and their qualifications and certifications. Indicate by name the assigned field staff who will be performing the work. 4. A detailed listing of services you will provide for each task identified. 5. An expected time of response for each task, including time to collect samples and to furnish test results. 6. Your fees, based on a per sample test basis, in a separate sealed envelope marked "Fees." 0027512.01 08/29/97 3:32 PM REQUEST FOR PROPOSAL FOR CONTRACT SERVICES TO PERFORM WATER QUALITY ANALYSES AND SAMPLING II GENERAL REQUIREMENTS A. The laboratory shall furnish proof of the following insurance requirements with the proposal: 1. General Liability coverage: $1,000,000.00 CSL per occurrence. (Note: if coverage is under a form which includes a designated general aggregate limit, the aggregate limit must be no less than ($1,000,000.00) 2. Worker's Compensation coverage in the amount not less than: a. $100,000.00 bodily injury by accident, each occurrence, and b. $100,000.00 bodily injury by disease, each employee, and c. $250,000.00 bodily injury by disease, policy limit. B. After receipt, Proposals will be screened and ranked relevant, but not limited to the following: 1. Expertise and experience of the firm and its employees 2. Thoroughness of the approach to be used that best meets the needs of the Water Division in this Request for Proposal. 3. Ability to respond in a timely manner to the needs of the Water Division as outlined herein. 4. Standing with Department of Health Services. 5. Fees, based on a per sample/test basis. This contract is of limited duration and will begin on November 1, 1997, and expire on October 31, 1998. Should you have any questions regarding this request, please call Ward McReynolds, Water Quality Coordinator, at 714/536- 5424. Renalee Corbett Buyer 0027512.01 08/29/97 12:24 PM ATTACHMENT #2 #TTACHMENT #� PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRUESDAIL LABORATORIES, INC. TO PROVIDE WATER QUALITY ANALYSES SERVICES. THIS AGREEMENT,made and entered into this PlM day of ✓�7I9�p�� , 1997, by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter referred to as "CITY", and TRUESDAIL LABORATORIES, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide water quality analyses services in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied with; and CONSULTANT has been selected to perform said services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. WORK STATEMENT CONSULTANT shall provide all services as described in the Request for Proposal, and CONSULTANT's proposal dated September 19, 1997 (hereinafter referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." CONSULTANT hereby designates Stephen C. Roesch, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 4/s:PCD:Agree:True 1997 RLS 97-777 C >�✓IGtl 10/22/97 3. TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of the CONSULTANT are to commence as soon as practicable after the execution of this Agreement and all tasks specified in Exhibit "A" shall be completed no later than twelve (12)months from the date of this Agreement. These times may be extended with the written permission of the CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on an as-needed basis per monthly billing, not to exceed the attached Fee Schedule. 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 after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if such prior written approval of CITY is obtained. 6. METHOD OF PAYMENT A. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the progress and payment schedules set forth in Exhibit "A" B. Delivery of work product: A copy of every technical memo and report prepared by CONSULTANT shall be submitted to the 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. Any such product which has not been formally accepted or rejected by CITY shall be deemed accepted. 2 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 C. The CONSULTANT shall submit to the CITY an invoice for each progress payment due. Such invoice shall: 1) Reference.this Agreement; 2) Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and 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 promptly 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 the CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval, within seven (7) calendar days of receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by CITY shall be invoiced separately to the 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. 3 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 7. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that all materials prepared hereunder, including all original drawings, designs, reports, both field and office notices, calculations, maps and other documents, shall be turned over to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement is terminated, said materials may be used by CITY in the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY upon payment of fees determined to be earned by CONSULTANT to the point of termination or completion of the PROJECT, whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared hereunder. 8. HOLD HARMLESS CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its officers, officials, employees and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of every nature) arising out of or in connection with performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the CITY. 9. WORKERS COMPENSATION CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and against all claims, demands, payments, suits, actions,proceedings and judgments of every nature and description, including attorneys' fees and costs presented,brought or recovered against CITY, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by CONSULTANT under this Agreement. 4 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 10. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONSULTANT'S professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate. A claims made policy shall be acceptable if the policy further provides that: 1. The policy retroactive date coincides with or precedes the professional services contractor's start of work(including subsequent policies purchased as renewals or replacements). 2. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3. 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. 4. The reporting of circumstances or incidents that might give rise to future claims. Under no circumstances shall this insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage in excess of 11. INSURANCE In addition to the workers compensation insurance and CONSULTANT's covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the Project. Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket 5 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 contractual liability. of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit,the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project shall be deemed excess coverage and that CONSULTANT's insurance shall be primary. 12. CERTIFICATES OF INSURANCE. Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; and certificates 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 policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty days prior written notice; however, ten days prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONSULTANT under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 13. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor. CONSULTANT shall secure at its 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 6 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 14. 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 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. 15. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONSULTANT to any other person or entity without the consent of CITY. 16. 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. 17. 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. 18. NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONSULTANT's agent(as designated in Section 1 hereinabove) or to CITY's Director of Public Works 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, addressed as follows: 7 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 TO CITY: TO CONSULTANT: Les Jones, Director of Public Works Stephen C. Roesch, Manager City of Huntington Beach Truesdail Laboratories, Inc. 2000 Main Street 14201 Franklin Avenue Huntington Beach, CA 92648 Tustin, CA 92680 19. 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. 20. 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. 21. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 8 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 22. ENTIRETY The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement between the parties. 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. TRUESDAIL LABORATORIES, INC. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California D :" ohn Hi 1 resident Y areda M ay, ief Financial Officer Mayor ATTEST: _ APPROVE AS TO FORM: woe;, • .�ity Attorney City Clerk u 1 9/9> ►� �! " ��iO�U��� INITIA D AND APPROVED: REVIEWED A'NTD'APPROVED: Di ector of Public Works C' Administrator 9 4/s:PCD:Agree:True 1997 RLS 97-777 10/22/97 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TRUESDAIL LABORATORIES, INC. TO PROVIDE WATER QUALITY ANALYSES SERVICES. Table of Contents 1 Work Statement ........................................................................................................1 2 City Staff Assistance.................................................................................................1 3 Time of Performance ................................................................................................2 4 Compensation...........................................................................................................2 5 Extra Work................................................................................................................2 6 Method of Payment...................................................................................................2 7 Disposition of Plans, Estimates and Other Documents ............................................4 8 Hold Harmless ..........................................................................................................4 9 Workers' Compensation............................................................................................4 10 Professional Liability Insurance ..............................................................................5 11 Insurance...................................................................................................................5 12 Certificates of Insurance ..........................................................................................6 13 Independent Contractor............................................................................................6 14 Termination of Agreement.......................................................................................7 15 Assignment and Subcontracting ..............................................................................7 16 Copyrights/Patents...................................................................................................7 17 City Employees and Officials..................................................................................7 18 Notices .....................................................................................................................7 19 Immigration..............................................................................................................8 20 Legal Services Subcontracting Prohibited...............................................................8 21 Attorney Fees............................................................................................................8 22 Entirety.....................................................................................................................9 3/k/ag ree/sierra/10/22/97 g TRUESDAIL 129BORATORIES, INC. f? Phone (714) 730-6239 Fax(714)730-6462 ESTABLISHED 1931 Fee Schedule Quote for: City of Huntington Beach Bid by: Stephen C. Roesch 2000 Main St. Date: 19 September 1997 Huntington Beach, CA 92648 Parameter Unit Cost Task B & E (weekly bacteriological monitoring) r- Coliform bacteria by Presence-Absence (Colilert/Colisure) ............ $5.98 Heterotrophic Plate Count.......................................................... $2.50 Chlorine residual (field DPD analysis) ......................................... $1 .98 Additional Tasks & Misc. Parameters MPN Colilert/Colisure (enumeration of total & fecal in 24 Hrs) ....... $8.50 Trihalomethane by EPA 502.2 .................................................. $30.00 Total Lead and Copper ............:................................................ $19.00 Title 22 General Mineral ........................................................... $65.00 General Physical ........................................................... $7.00 Inorganic Chemical .................................................:.... $84.00 Organic Chemical: Volatiles by EPA 502.2 ......................................... $60.00 Pesticides by EPA 508......................................... $85.00 Herbicides by EPA 515.1 ....................................$110.00 Radiochemistry Gross alpha........................................................ $20.00 Uranium ............................................................. $45.00 Radon................................................................ $20.00 Field Services: Weekends, holidays, unscheduled pick-ups and .................. $ 45.00/hr weekdays before 6:30 am or after 6:30 pm ATTACHMENT #3 10-31-91 11 32M`FROM A ORNEY"S OFFICE TO WATER'OPERAT P03 WA t kKurS C A/I 7/? Tie poa��idea�tie ol, ei` dt t oc ,it is]rrreby agosl:a0tcad ties*c fblhun ug iNaw Additwoel a dis ear s to dote by%w"d bsm & It is Wtdrr*od aid `Teed S*;hift evou of most of tlteemicry 1t<t any xoam other tm mm.pry of Premium,30 410-441 a will be d po the lblivwft by=4 CYTY OF; "l��$AC�Y Jrt the elreat to aO Cjl c e Fpr WWPIWSMA orpea u ml. Io drys yr im noue wiu be seat to 60i f'oliCy No.: Q�BS 730 :. Effective Da Y=9 7 J"MIA INSUUtArICE te: /9 I�at:anoc Casa; G Cp Tweed to: Tit L42QRA`TOAtgS,YNC. . Si love Do* 100/97 SI i EO/jo'd " 4199'L011 L 'ON XYJ MY i UHR A31v3Q NY tb:11 03M 1Q-qa-130 10-31?97 11 :32AM I�T I g HM "T#3RAT /� �9 Q7 P 0 2 OCT 'yl lay' - — -- -. -------wATEROP_$.— -- •- — — PAGE 02 �MA"bi� :.��Y•�.. BY"a ewa� '� • � . ��.«rYr..r.. .«..NNnww—twPYw.:•:.•rw•w..w...:...w.......»+rwNr••._rw .........y..n eW"'r'" �g{.�•�.�.�� J� CQsYlIWANIES AFF�Ofkft(# 00"RA0B �I;�.�,/•�. ."6 00.w 1 .rx.Y.�.r_ ....xr..rwx•r..r.w�•r---...».w.»:.:.:._.w«._...........r»..r...-,»r..Y- .n•ww..�.......... _lilWIIM I�b. �ei�arlr �. A - - ; •i+'• � _ Tt� YYpq•YN.�N.«.nww1�.Y'w•xnrw.�•�r •-N .. :w«»x wr-nn..x..r.•••gwr.�r..r -.-... r r�_ ' ! � - � ' �. �.I�....YrY.r.,lx.�-..-_w.rllllxw. M NN•. M YM •,n.«w•.w».rwwxx.lx.Mn��.n�•IY/Y«_-.•.Mm.r•• �1ue l$Te OPT"TOA ,"W�PMM OP:o1BUMMM IdSTB1 HAVE W 1i UM Tq IN MWO MAMID ABM MA Try FcucT oQw w=AnW NOTATR T►AMP"!AW PlbK4Fld�I , f o an QQterm OF AKIN owwso OR VTMA"CUMIM weal+AP�PIT;T TO WMRrM t7 ClMMgMjE war 0 MM CM Mo.fti*�Y�AWvWW BY*5 6 PAW�N N EU&4M TO ALL Y110 Tt/W�•. !4W A& §WVN..�.»r"°°'L.,�J"�-:.'" ..uu� M„e►.I!�++I �o em��uo ouuµs. ...::..,:. ...,.... ..... _........ ..... 00; "M eF w1ruwa Foes'MUM am vomm" wlr, . ' Y + x.1.Mr.•...• .NMYYN+.»sr•d.« plxYxr�111N'r"•r'»q.amwlw..r•Pw...-..n._ Iw...:._..w.«.-..y«,,. ....._ ;ONOL46 WuAV oaf?= •'` 6P/a1/9�! i 09/0143 �•d4 .AbOAt�WC ..� ;x��aal�eerlAt;e�w�n!� �: .�. :•It••-.........-.w.,.«r..........._._.__..,..,.;.,.a94s�Q erer+e uAoe s ,ems; +amdla A AN ounnl i+ , 1:00010{Nf_._ •�are+px•aart�ltuori�' � aw+aad�ee li 1"i,aog.00v,- r ......... .� .-.. ' COW I. t� ,,... trn»Hr...M..«i.L,.�r� w.•w ....»/.npwpaF........vv..wugrrrwr'..a.pn.rx.Nw.rw..-. t M.NP....I......... -��d. i!�MIwd�T �•-•.,.,.n WOOV.«... �;!NMsµIVFlI� .WYdri�3 i 04/Ot/1iT tN. 0?/011� foiAaoe�d11610 �y 1,000,OOD ». `....`r :.............. .. ...... . ... �.1•r..w - ,4� .......................... ...�.«.....i..••,. x� .. ... . ..........x.» pow"slow .._L_n,xYM.x ••ft.Mrx•• xr•��.w .,M.w..w..�--..w..rlM.. ._. - r.1�Ini,41.. .w rx.-......... .NMItI"y.....•.......M ....................NrN..'.......Y•.r.... 1 r........•... Ito ,...n. MAW V :•.•�;; - t.f .` �.^. i - { �{!•(�pL:�5..... ... ry'E�..;n .. 'L141n1.�I ..' .... ..... �. . 111µ�0101r ,.n �.• . ..�1. ...�• y11 'W 7r�•���.. �H�.;... , L�:�: � Y 1^ ..i_�A7Ui�e� -Y i PI1. eTIT .....f «...... 3 :Pam tarn , :: ...1 1 ..r.....—........ ` .. .......... t . .iJIW. ....lj �,.� `. 1 a DT►leT6ti0 All INS WLTbR 91"11t11X, CITY OF; #WTINGTOM SIACK Ao01Y�NKSM Ai et6p OI mll; CiAInITY P66 YKI Moog mT AITACIIfA. .:' TN1T QWTifIlM l6scieiOeiWTbNEIuCIt THE tSE IFICAYE 1 0Y 10/9/11y. MAINearl fY M NX- MIT OF .. • . i MN QK 1MA ABpVT O Pguom CAFMG) D 6FS+ORq TN6 OASeIT 7MIt.TW IiTUIN6 COMPANY WILL IiA7 MMI N11M6 .��♦*dI1Vs V1pRYpH NCRCB TQ TMS Cl0.TIMVCATB MOlds!NAM 76 TMF ATtt eirA110 N a 1;; LIM eRMelMEN Mi men" �oi7A Id a RV sb;ti a s� izb Ott' �ON x�� ODSSU t+u U38 A31W30 10-31:17 ` 11 '32AM FROM AT ORNEY'S OFFICE TO WATER OPERAT Lp� }�%u.Q.� PO4 -rt dMAb 10/39/1997 14:19 714$ 67 WATEROPS PAGE 02 Ir '.r,�t, ,1. �:�..' .,�• ..r rl \. • ,J'.7:' •�. ,. �' '1, 'f'rrd•t.. .�� I i. ` ., :i y, •Y.,;r,.: 'i •_,{ f11'r' ,d 4.. •� 1''e `' fry ,1 4 _ +. 1 °?'• P Q,#�QX'+tR©8i7�; A�ai''Fp+r d r +A.Rd+lo�g8Q7 ,• --OCT j1 .rIjI1�A '• ,y �,{Ir r '' Irr''',,�y"• '. i�� .;,�r „�„ , ' + lit • N d 1'l•' , 7 Ir,,.1,jl, - -I •.(, �.� il,' ' ''.I, -•f ,;yrn.,. y. .I 1•'1.I '1 1 ' ' U0Nd: r NV 1',VYP�!,''� f ,•,:Y.�! ,'�, ,.,.'elf•. a Y; �.•YOIt/ r' r '°'• I�r r '1 ' I J�� ' "\'' ��°'' i M: t 14d �r'.�. .r IR'P:r••','Y'r. - P�' � . f'Ir,Il.", ,� -t�k14 ..; '�5.'fi•_�'�.,A�elu _ •.a'�Ai�71M�A�i y, r `1 _ ' '�11 .t?''• , Vt ' ' .�, ' bL•'JI N'f•�YW i„�• _� r ,:gyro (!�J 4Wlia„? n ��i•'� yid; ?'1,'�:`; i r ,.�Y:�� �;.-wl'r,•L' at��•. �.., ui,�'r;�r 'L/'""•�•�• it"'7J.,�' t�j' '•',�,�I�}'Y,� �1.���yalyGf�t'' � � •� - CIT!!'��,0�::� ;:, ,� � ��• '� v" .,..�(. 'ter*�'7,1'1 '',,��,�' ;,r,�;r"�!: :"_:es�s:�+9'�r,.�. ��' " .. � A1MA lr.ylln•y,J4;, :"o�t'�b�OI' Y` 1' • j• 1.9q�A;: p ',J!a1�.Rh��y �; '��' :t+' vi�;•'•';,r;,;., ...,:ti�„V+r ��r"•-�"d�' y, ' �(f ��[yt 'M A'�" •�7'�gg0;� •' .M,'�ks ni'�°f�y'7.,' ,� 1'!y� 1 f��Y,p � ,. :.- ;,,., r t : •�T•• .`��� ,'-I/' r �r : , . ���"d ,r1 �'�.r�nll/���J•�W I"I' - - '4 1 � 'r - { •I'. 1• :/ fin. '•d• ..���"' r � ,1r+r r ;SI. •1'.p' \' '' 1 .. r. .. ',rr Ir ilw'' ,,1 •fir , � , 'I ,r Y „ r'•.:•;w l�r , " ' - • I;' , f•�,' �. �1• V 7M a pp�+1rifNy that: ,�i �;IAA¢a;v l}d'Wairke'rGr,cQmpoAagtlon�insu(anae''p0lick in a R m'approved by'tn 4'gPl'tldTj.p tl "1`rnsu�dlnbA`l+dn� ii ttitM�'pQl � ttad, .. .. •s'i�oi��';Eo;Nt�:Nr!�Pf ►�19d�ebo!wfp,Yl .}IbY:Sie1i �nDlw �� ATrr�ab r$Hitt cub +t t�;cvi!u.Rllett�cM by ttWPund GkospR° oa jrk 804miuo wmen notice to the empl"O. ;VVe wiil ai>�o blPa yrou !a :adua le�,riaiaa'eMglat 'tNis'pouoy bA OSwed prl0 to u norrmi morotlon. litoft ut insu* s noi Rolla an 't#pilit,�ot'amsri�l;'eot pM or after the coverage afford®d 'thQ" ' d ;o0flcf+o.US%d l Yr NeNbl r �iquir YrrP;dr;oo'n4fiom 'bf 8Ay ooritmw or other docuh'i t wl� IroepeCt W..alhlo Qatar t yt♦d rrm ±d�eoliDBQ'h8 I , lb•all !0fy; Q !YS• : ' ' ; ole � wdy Quo the iple� i . 't r.���, t�.'..-.. •.��uut�{r.;� .�, '+` �r ,r � (p, ;,�'y. ..;•,,:\,,:.,d�,.'.. .6."a�;.;rr,111 � J • \ .. ' � '�"n:"'.•.1" � '�IN�wr �1'ti_,q. � 6� Zv�r • ,:;''� If4f1'i�ll 'rd'4!S"_:S't'�."<'�k,,{�I���•� ',. ' 1 , ,III y� y 'rt�,� 1�1',��fv!�p�0;,11,^.r'°Fd, l,�t,{�, i'Id111•� I..,��y,.,S,'f, \ } '� , r�/',���'• r; •. �V• �� 5;1 'rpCM�l�(�rJt +l�t��,r��.,;nl:"{I7r �. •� i 'Y7 .,. , .d ' y,Y: ;� �r�11• q''4NP.'y'}'r ir. ._ 'f.' . .'1 , ,�,. 'I�� '%r, YQ I::�, , f' F' 1 '�f:'a'.�; L,' .I Y1d: il'yt;., , r I�� I d'1• • f?wTNgr{I�f7ol'IBPl+I �kl�� ti ,g, V,vAl. • iaal. . (i�"^�1 :'' 4t ®� �8it "'P '6OaCUBIiG k FItP1At R'5 "A SIB, �lII'C IIi�WDz ' ;• :� �� ' �Rp � '�r',�'J`�',!'!:�',C��'R�B'Y�ATR'"•a ''FRS'•' -�y"7'C�'���p'�CTIVt; ,,, , I . : 3�lldlil�h'' ATTAC' �R''l'p'.A1r10 pORM� ;PAttt' '';lA�R Pgi; GY� i � '�� 'r.' "��� :'J:i '�'wl�R r'.I�,ri,',:.'� .,J;. '{ r• r,'i; r � �w ,,; "\I J• h 1'i •,111: f �JY r +.� i '+, ''�''V�:��: .,1��L{y{` Ir�•>�' ,•�A^:'i{��I,L4'I r,'' ''u Y :^Ytl•p r - - '- ::. d.l Ta'4y,r�IW 1'1• . 'n'�i . pt�;...Yil'n �R,r, �C :t'•!Nr1l'..'i i .. - � ' '�nr r �r �� Y• u�3'�( '�� •.,: '� ,+�`•."'•T1��1,y7'�1.J�1.;'�!Y'AW iY'a, ,. �R'�, ., -_� �f�F+'�5�. ,fr rl�f ;1, fK4°!N�4r. ,., ^ 7s5� ��I ► ' fJl :, d i ( MV. .1444Md!1 p l; "$ r;�a t+ `► wt P+'►kYW,�. I�QW�h .,-{',' (' p I � °f (r'ri.�1y; '`t•�� 1 ,1�.I;a':,LT;.%',r'r ;�' ' ,r;l�}x_f;:i'Sty� y}(1♦:1', .!f'!d,3�r 'r�,l�i�,�'1a5.' tiQ'iliw ��',�, f ', � '� . . �������� ..ZL o•.e';!„``�I;G' 1 { '�:' li.+��b', �f•!�R,,:r:.'I �a'tili�;�''i$ .. .;•;�:�tilrJl';•.t �i:a.:.,l ' '• , '�� ' '�':'1,�f�'rr!!I;•'� 1,,r��.... •.,�,� ,�' I'.� � (i'�3'�t �".t ,: •r,�:;a3N�;ti,i" .t;!��•.' '�� "1/,{n°'�► "'y/, 7. Mi��� q,,y: 31•:••c��'r,P� .A.1 .✓ 'r.'•�.Y:iW�ld' C,• .� i,t J � ,� .� "i �.4'j.,+'.f4`� \ �'�I.'ti .1''�:'i d'•4' 4�,�..�,�.1.'f:;1�`,pYy •f ,' 'l11 ' 'Titu�'I�D�Yk.f.11 ? C. t'4° .► 1�''.i`?` , „ �>�:. �JYf..!4:,^ 3..� ..Y ��a�#,•���►�khx� V�tli�l ; - 'I ti .,,,' ':��;1:'�'' `. ' ,I - , 'd,.,r:,.: ; :,.:it 1U-30-97 02:28PM P02 Sent by: WESTLAND IRVINE: 714 553 9797; 11/04/97'10­18AM;,/etft #30; Page 2/2 :del°. ^:�i- +i!:.. '::� .:•j::l :;Y�` y "rRx.�:,:.c':::;.,:;:;.:}"r':c,x;;Y'r'r:::��:::.: ti - fi+%ri 199UE DATE (M41@DM/) •��53 d r� .. � / 99 .,M. {";.:.. PRODUCER z THIS CERTIFICATE IS ISSUED AS A MATTER'OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Westland :Insurance Brokere DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO Box .i 84 6 8 roLICIEe BOLOW. . ,. Irvine, CA 92623 C COMPANIES AFFORDING COVERAGE (714) 553-970Q. ": red LETTER A EVANSTON INS. COMPANY ' ....... . � ....... ... : . ... //7 LE T'ER .. ........:.......�1 17 ?-1 COMPANY - "Revised'".' ...................... ........................ . ..... . ................... LETTER. S INSURlA • " TRUESDAIL LABORATORIES,INC COMPANY C "Superscedes Certificate of Insurance ER 14201 FRANKLIN AYENUE darted 10-1.0797" TUSTIN, CA ,9 2 7 8 0 COMPANY LETTER COMPANY E - .. LETTER %i§ ::;;'i: :•,,; -�'1.....,.J.�.: .,:'v'.:•�.� ���'r u ITS' ...... ..�.,..rJ. .. : ........ �.•'IF:�w.s'h:v:'..a.s .. >: .. `.ix. . ..........:..:.. h�4,..,.:k,.r .. ... .���.� ..;�,.'•::i. u.�: rr: .m .::.... .. ,,.:.,",..� �„�. ... a •�• ,. ,. �,,.�..,.��,.,. .,. � .. ,�-:C THIS IS TO CERTIFY THAT THE POUICIES'OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION.OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIC14 THIS CERTIFICATL MAY OF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO; ;POLICY EFFECTIVE POLICY EXPIRATIOB LTR i TYPE OF INSURANCE _ POLICY NUMBER DATE (MM/DONY) - DATE(MMIDO" UMW AENERAL LIABLRY ;. GENERAL AGGREGATE " S .................................. ............................i. .. OOMMERCIAL GENERAL LIABILITY i PRODUCT34OMPIOR AGO. iS CLAIMS MADE- ...•.•OCCUR ' - - PERSONAL L ADV.WJUAY a, :.i....: :... j......... .....:.............. ............ , .............. Ova+Ftrs 8 CONTHAOrURS PRor, EACH OCCURRENCE S i FIRE OAMAOE(My one Not ,..S ..............................................: ........... ..... ME3.EXPENSE(Any one parson)E :AUTOMOBILE LIABILITY :COIABINF.D SINGLE ANY AUTO - ;LIMT E AI.L OWNED ALITOS BODILY INJURY SCHEDULED AUTOS :(P9I person) ;b HIRFA AUTOS :BODILY INJURY NoN•OwNED AUTOS '(Pa'accWorn) GARAGE LIABILITY' PROPERTY DAMAGE $ OtCESS LIABILITY :EACH OCCURRENCE a ......................... ..... .......... ................ UMBRELLA FORM 'AGGREGATE $ . .......... OTHER THAN UMBRELLA FORM I STAMORY LIMITS NORIER G CONPESAT)N . .. . ..:.............................. i EACH ACCIDENT :S AND ? ; :............I..................................................................... DISEASE.POLICY LIMIT i i EMPLOYERS'LUUM TY - i i .. ..' .... ... . DISEASE-EACH EMPLOYEE § ....:. ........ ...........................................:................................................ ...... ......... ........ .. ............... ................................................................................ OTHFA - . A PROFESSIONAL E0T00537 06/03/97 06/03/98 EACH CLAIM 11000, 000 ;LIABILITY ' AGGREGATE 11000,000 .................................... :: ................................................. .................................................................................................................................... .............. DEScnwnON OF OPEAATIONSAACA7EONSNEHICLESt9PE IAL TIMIll CLAIMS MADE POLICY "New Insurance Requirements" 10 da notice for non-Ravment. of iRrezuium 1tl y r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE s EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL MAIL 3 Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Huntington- Beach Water Div ,;' LEFT, eca[�Elaxi xi�xrmKapp xis lltR��gMpe 15�I� D1 K Ward McReynolds :Water Qual. Coord. "s 1 P.O. Sox. 19 0 8. •;;7yy 7' L �:;.4 `7>IZO REFRi,iB NTAUT�IY Huntington Beach CA 92648 Y' E�. /7 fflof1 .h� � Q..": :.t.::::.�.: -,..........�:.:,: .i,r' G.Y.,v,i....i. ..�:� •.:.:•. ::....,....}, ..fin. , i, ':t•ri r�, ATTACHMENT #4 ATTACHMENT4 PROJECT: Water Quality Analysis 1997-98 Firm Weight Criteria Score Total 15 Understanding of Project 15 Methodology of Proposal 15 Qualifications of Staff Assigned 15 Fees, based on per sample/test 10 Expertise and Ex erience of Firm . 10 Expertise and Experience of Staff 10 1 Qualifications of Firm 10 Thoroughness of Approach 100 Total Scores Comments: Signature of Evaluator: Date: Iwganalhj.919/c:/jm , L, ... I Committee Scoring: Following is a guide for keeping a record of evaluation committee scoring. Proposer Committee Member Point Initials/Scores Totals Ward James Richard McReynolds Corbett Ottollini Truesdail 86 99 86 271 Associated 81 88 79 248 Sierra 87 70 84 241 Babcock 78 66 74 218 Clinical 74 53 77 204 Upon determination of the successful proposer(s), a written statement shall be completed explaining who was chosen and why. This statement should be attached to a completed requisition/purchase order form and forwarded to the Purchasing division with a copy of the signed contract. This will allow Purchasing to handle communications and explanations to unsuccessful bidders. h Ausers\sharedyoh nson\scoring ATTACHM E N T #5 ATTACHMENT CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES RLS No. 1 Gail Hutton, City Attorney Assn To Date Date Request made by Telephone Department 4/22/`97 Jeff Renna/H. Johnson 5527/5503 PW WATER INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. IWE OF LEGAL SERVICES REQUESTED: [ ] Ordinance [ Opinion [ ] Stop Notice [ ] Resolution [ ) Lease [ ] Bond [ ] Meeting [ ] Contract/Agreement [ ] Deed [ ] Court Appearance [ ] Insurance [ ] Other Is Request for Preparation of Contract form attached? [ ] Yes [X] No Are exhibits attached? Yes No If for Council action, If not for Council action, Signature of Department Head Agenda deadline desired completion date Council Meeting 5/9/9 7 COMMENTS: Routing: The Water Division is requesting an opinion on the proper method of soliciting and awarding an annual "Arrangement" CAI to perform Water Quality Sampling and Analyses. Issue: PDA Water Quality analyses for the City's water supply must be JCB performed by an independent, state approved laboratory. The annual expenditures for this service exceed $10,000.00, and F require Council authorization. Question: SL Is the needed arrangement between the lab and the City considered a "Professional Service" or a "Contract Service. ADL There are several ideas and opinions as to the proper, or most cost effective, method of awarding this service TM agreement. Some are of the opinion that the agreement should be a WBS Contract Service and that the contract should be awarded solely to whomever can perform the needed sampling and RCS analyses for the lowest per unit cost. The supportive reasoning behind this train of thought is that all labs VISA that respond to the Request for Proposal would be state approved. This Request for Legal Services has been assigned to attorney telephone extension His/her secretary is . extension Keep the goldenrod copy for your files. Please reference the above RLS number for inquiries. Notes Filename Date completed: WP No. RCS 2/28/92 Rev. •rrPs✓� • Page 2 of 2 CITY OF HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES RLS No. Gail Hutton, City Attorney Assn To Date Date Request made by Telephone Department 4./.22/97 Jeff Renna/H. Johnson 5527/5503 PW - WATER INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: [ ] Ordinance [xj Opinion [ ] Stop Notice [ I Resolution [ ] Lease [ I Bond [ ] Meeting [ ) Contract/Agreement [ ] Deed [ I Court Appearance [ ] Insurance [ ] Other Is Request for Preparation of Contract form attached? [ ] Yes [Ig No Are exhibits attached? Yes I No If for Council action, If not for Council action, Signature of Department Head Agenda deadline desired completion date Council Meeting 5/9/9 7 COMMENTS: Routing: In past years the Water Division has considered the needed agreement to be a "Professional Service" and, as such, the mi selection of the lab was based on professionalism and not on monetary standards. The "Mini-Brooks Act" (attached) was PDA used as a model for 'our selection process. Also, attached is a copy of the Request for Proposal that was sent to all labs along with other information from the American Water Works JCB Association. As you can see, not only the testing of the water, but also sampling requirements must be performed. This is the �F -�' supportive reasoning behind the train of .thought that the service should be awarded as a "Professional Service, " with the rating and awarding of the agreement as such. The S L performance of the laboratory hired, if inadequate, can cause great public calamity in regards to the safety of our ADL water supply. Our effort to supply water of the highest quality in the most TM cost effective manner has driven us to this impasse. Accordingly, we request your opinion on which avenue we should WBS take in awarding future agreements. Should the agreement be considered a "Contract Service" and awarded solely on low bid, or should it be considered a "Professional Service" and RCS awarded on professionalism with no consideration to fees" Or perhaps we should consider a compromise of the two alternative WSA Should you have any questions regarding this request, please call Howard Johnson, Water Production Supervisor, at ext. 5503. �b Request for Legal Services has been assigned to attorney telephone extension His/her secretary is . extension Keep the goldenrod copy for your files. Please reference the above RLS number for inquiries. Notes Filename Date completed: WP No. RCS 2/28/92 Rev. - ?-97 02:47PPuI Fh0N1 ATT EY S OFFICE WATER OPERA POl i CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION H '71NG?ON BEACH TO: Les M. Jones II, Director of Public Works FROM: Gail Hutton, City Attorney DATE: May 811997 SUBJECT: Water Sampling Contract RLS 97-289 The above-referenced work is professional service, and therefore subject to the procurement and selection guidelines of Huntington Beach Municipal. Code Chapter 3,03, The amount of the proposed fees is only one of many factors to be considered when awarding the contract, The Municipal Code does not require that such contracts be awarded to the lowest bidder. Gail Hutton City Attorney GH/mla PDAMMemasYRLAA7AAA/mlw R/A/A7 AM REIURNED RCA AGENDA DATE 11/17/97 DEPARTMENT Public Works DESCRIPTION: I Approve Professional Services Contract for Water Quality Services Your Request for Council Action is being returned for the following reason: The SUBJECT does not begin with a verb, e.g., "approve" "deny" "authorize" "accept", "allow", to indicate the type of action requested: ................<....................... The"FUNDING SOURCE" should include the number of the account where funds are budgeted OR ............................................. .........................................................................................................................................................................................<....................... A Financial Impact Statement is needed (New appropriations over$5,000) ................................................................................................................................................................................................................................................................ The "RECOMMENDED ACTION" should be worded as a "Motion" and include a ❑ verb indicating..the.type of action requested................................................................................................................................. The "ANALYSIS" - section needs additional information (See Below)* ................................................................................................................................................................................................................................................................. One or more attachments are missing (See Below)* ................................................................................................................................................................................................................................................................ "Attachment" pages are needed before the attachments ................................................................................................................................................................................................................................................................. An exhibit called for in an attachment is missing (See Below)* .........................................................................................................................................................................................................................................:....................... An exhibit should be identified on the face of the exhibit or with an "Exhibit" page preceding it i ........ .............................................................................................................................................................................................................................:....................... The Contract/Agreement has not been signed by the department head ................................................................................................................................................................................................................................................................. The Contract/Agreement has not been signed by the outside party ❑ .........................................................................................................................................................................................................................................:....................... The Contract/Agreement needs approval as to form by the City Attorney ❑ ................................................................................................................................................................................................................................................................. The Contract/Agreement has not been signed in full by the City Attorney .........................................................................................................................................................................................................................................:....................... The Contract/Agreement is missing Certificates of Insurance which have been approved by the City Attorneys Office.................................:............................................................................................................. There is a typographical error in the text (See Below)* 1. :................................................................................................................................................................................................................................................................: 2. :.................................................................................................................................................................................................................................................................: 11/6/97 12:07 PM COVER.PAGE REQUEST FOR LATE SUBMITTAL (To accompany RCA) Approve Professional Sys. Contract Department: Public Works [Subjectt, Council Meeting Date: Nov. 17, 1997 Date of This Request: Nov. .6, 1997 REASON (Why is this RCA being submitted late?): Insurance was held up in City Attorney's office. X. EXPLANATION (Why is this RCA necessary to this agenda?): The contract has an expiration date of November 31, 1997, which would leave :the City without the testing facilities to perform water quality analyses for our water system. CONSEQUENCES How shall delay of this RCA adversely impact the City?): , We will not have a contract to perform testing for„theeCity's water supply. This must be performed by a laboratory approved by the State Department of Health Services. The City does not have the facilities to perform these analyses. Sign re: CI-Approved O Denied O Approved O Denied Initials Required De artm ad Asst. it Administrator City Administrator REOLATEMOC �-rwdr44 CITY OF HUNTINGTON BEACH j 2000 MAIN STREET CALIFORNIA 92648 s OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 4 CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM DATE: /V D✓e rri b�x T0: Zori 'n e ATTENTION: aJ7�WAei7 L12• 1,0�p s X ' Name _ h AZAO/ `/f0Y7 k11V f4%77U & DEPARTMENT: Y22922�ce� rrlJ✓� �f}�/ryRyi�� 9a��o REGARDING: jaiP�f^EzS�Sjoy�� Vnmili City,State,Zip dDYI 7X,9-&T 72) Preec em a-7-e , LljlJAL/P}� �,t/f}Ly(y�5 fD/?— WAre,4 clyL57S47t See Attached Action Agenda Item E�3 Date of Approval_ //Z 7/9-1 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records. Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance ✓ RCA Deed Other Remarks: CC: )es e6 JJ/UVI/ Name Department RCA Agreement Insurance Other / Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insurance Other Risk Management Department Insurance Copy ✓ G:Fol I owup/agrmts/transltr (Telephone:714.536-5227) TRUESDAIL LABORATORIES, INC. CHEMISTS - MICROBIOLOGISTS - ENGINEERS 14201 FRANKLIN AVENUE RESEARCH - DEVELOPMENT - TESTING ® TUSTIN, CALIF. 92780 ESTABLISHED 1931 (714) 730-6239 FAX(714) 730-6462 November 26, 1997 City of Huntington Beach Office of the City Clerk Connie Brockway 2000 Main Street (r Huntington Beach, CA 92648 Re.: Contract to Perform Water Quality Analysis Services Dear Ms. Brockway: Thank you for the copy of our contract. Since, for legal reasons, we must have original signatures on all contracts, we are enclosing a copy of the contract and request all principals sign, ink, next to his/her signature. Please get the signatures and return to us. Please contact me if there are any questions, and I appreciate your assistance with this matter. Sincerely, TRUE AIL LABORATORIES, INC. �Mareda Murray Controller Enclosures MM:ch BRANCH OFFICE 1108 FORT STREET MALL #11 • HONOLULU, HAWAII 96813 (808) 521-5450 MEMBERSHIPS Corporation and Staff Memberships In over thirty Professional, Scientific and Technical Societies and Organizations including Charter Membership in the American Council of Independent Laboratories. Documents\Contracts\Hb98\11/26/97 2:24 PM\CH