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AMENDMENT NO. 3 TO THE AGREEMENT FOR THE OR V
LABORATORY ANALYSIS TESTING SERVICES OF ■i■ /aa / jff�,
CITY WATER SAMPLES BY AND BETWEEN THE CITY OF ARCADIA iY �f iJ
o�atratN °� AND CLINICAL LABORATORY OF SAN BERNARDINO, INC."
This Amendment No. 3 ( "Amendment No. 3 ") is hereby entered into this 2,p�-h
day of &OW , 2013 by and between the City of Arcadia, a municipal
corporation of thel State of California, and Clinical Laboratory of San Bernardino, Inc., a
California Corporation, with respect to that certain Agreement between the Parties
dated April 21, 2010 ( "Agreement "), and further amended by Amendment No. 2 dated
June 6, 2012, and as further amended by Amendment No. 1 dated March 30, 2011.
The Parties agree as follows:
1. Pursuant to Section 3.1.2 of the Agreement, the Term is hereby extended
to April 21, 2014.
2. Pursuant to Section 3.2.2 of the Agreement, the Schedule of Services is
hereby amended as referenced in the attached Exhibit "B ".
3. All terms and provisions of the Agreement not amended are hereby
reaffirmed.
In witness whereof the parties have executed this Amendment No. 3 on the date
set forth below.
CITY OF ARCADIA
By:
Dominic Lazzaret
City Manager
Dated: 20 2-c>1S
•
1 �' �� I Il.i I . u Aiji
APPROVED AS TO / ORM
4', 6
Stephen P. Deitsch
City Attorney
CLINICAL LABORATORY OF
SAN BERNARDINO, INC.
By: Y \",i, i few
Title: O Vw V yuff
Dated: 1 1' oycY) F-�); ,)C)
By:l
Title: , vLA
)I) Dated: \'�� �� ��� '
CONCUR:
!�.^ T
Tom Tait
.�
Public Works Services Director
Exhibit "B"
SCHEDULE OF SERVICES
The Schedule of Services is hereby amended as follows:
All work shall be completed in accordance with the following schedule:
The term of this Agreement shall be for one (1) year starting from date of execution unless
earlier terminated as provided herein.
An additional sampling schedule shall be adhered to. Please see Exhibit "B" attachment — City
of Arcadia Sampling Schedule April 2013 — March 2014.
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EXHIBIT "B "— ATTACHMENT
April
2013
Sunday
Monday
1
Tuesday
2
Wednesday
3
Thursday
4
Friday
5
Saturday
6
+Distribution Sample
+General Physical
7
8
9
10
11
12
13
+Distribution Sample
+Well & Reservoir
14
15
16
17
18
19
20
+ Distribution Sample
21
22
23
24
25
26
27
+Distribution Sample
28
29
30
Notes:
+Distribution Sample
w
w
EXHIBIT "B" - ATTACHMENT
1
1
2
3
4
5
6
7
8
9
10
11
+ Distribution Sample
+General Physical
12
13
14
15
16
17
18
+Distribution Sample
+Well & Reservoir
19
20
21
22
23
24
25
+Distribution Sample
26
28
29
30
31
Notes:
+Distribution Sample
�ixw
EXHIBIT "B" - ATTACHMENT
June 1
V
Mrs
7
1
2
3
4
5
6
7
8
+Distribution Sample
+ General Physical
9
10
11
12
13
14
15
+Distribution Sample
+Well & Reservoir
• Perchlorate= All
• Nitrate =All Wells
16
17
18
19
20
21
22
+Distribution Sample
23
24
25
26
27
28
29
+ Distribution Sample
30
Notes:
EXHIBIT "B" — ATTACHMENT
1
1
2
3
5 6
+Distribution Sample
+General Physical
+30 Lead &
Copper Sample
July, Aug, Sept
7
8
9
10
11 12
13
+Distribution Sample
+Well & Reservoir
14
15
16
17
18
19
20
+Distribution Sample
21
22
23
24
25
26
27
+Distribution Sample
28
29
30
31
Notes:
+Distribution Sample
EXHIBIT "B" - ATTACHMENT
August 1
1
2
3
4
5
6
7
8
9
10
+Distribution Sample
+General Physical
11
12
13
14
15
16
17
+Distribution Sample
+Well & Reservoir
18
19
20
21
22
23
24
+ Distribution Sample
25
26
27
28
29
30
31
+Distribution Sample
w
EXHIBIT "B" — ATTACHMENT
• • 1
ITO
176
1
3
4 7
5
7
+Distribution Sample
+General Physical
8
9
10
11
12
13
14
+Distribution Sample
+Well & Reservoir
15
16
17
18
19
20
21
+Distribution Sample
22
23
24
25
26
27
28
+ Distribution Sample
29
30
Notes:
=I
w
Will
w
w
EXHIBIT "B" - ATTACHMENT
October
2013
Wednesday
2
Thursday
3
Friday
4
saturday
5
Sunday Monday Tuesday
1
+Distribution Sample
+General Physical
6
7
8
9
10
11
12
+Distribution Sample
-Well & Reservoir
13
14
15
16
17
18
19
+Distribution Sample
20
21
22
23
24
25
26
+Distribution Sample
27
28
29
30
31
Notes:
+Distribution Sample
EXHIBIT "B" - ATTACHMENT
November
2013
Sunday
Monday
Tuesday
Wednesday I Thursday
Friday
saturday
1
2
3
4
5
6
7
8
9
+Distribution Sample
+ General Physical
10
12
13
14
15
16
+Distribution Sample
+Well & Reservoir
t .:
r
17
18
19
20
21
22
23
+ Distribution Sample
24
25
26
27
29
30
+Distribution Sample
EXHIBIT "B" — ATTACHMENT
- On4 13 _
. -
-
Sunday
1
monday
2
Tuesday
3
Wednesday I Thursday
4 5
Friday
6
Saturday
7
+Distribution Sample
+General Physical
8
9
10
11
12
13
14
+Distribution Sample
+Well & Reservoir
15
16
17
18
19
20
21
+ Distribution Sample
22
23
24
25
26
27
28
+Distribution Sample
I
29
30
31
Notes:
+ Distribution Sample
EXHIBIT "B" - ATTACHMENT
77
2
3
4
5
6
7
8
9
10
11
+ Distribution
+General Physical
12
13
14
15
16
17
18
+Distribution
+Well & Reservoir
19
20
21
22
23
24
25
+ Distribution
26
27
28
29
30
31
+ Distribution
EXHIBIT "B" - ATTACHMENT
February 1
Sunday I
Monday
Tuesday I
Wednesday
Thursday
Friday
Saturday
1
2
3
4
5
6
7
8
+ Distribution
+General Physical
9
10
11
12
13
14
15
+Distribution
+Well & Reservoir
16
17
18
19
20
21
22
+ Distribution
23
24
25
26
27
28
+ Distribution
EXHIBIT "B" - ATTACHMENT
ml
1
2
3
4
5
6
7
8
+ Distribution
+General Physical
9
10
11
12
13
14
15
+Distribution
+Well & Reservoir
16
17
18
19
20
21
22
+ Distribution
23
24
25
26
27
28
29
+ Distribution
30
31
ml
01 iFOrtgy� ORIGINAL
AMENDMENT NO. 2 TO AGREEMENT FOR THE
u LABORATORY ANALYSIS TESTING SERVICES OF ��
CITY WATER SAMPLES BY AND BETWEEN THE CITY OF ARCADIA e -25010 -�
unity °!� °� AND CLINICAL LABORATORY OF SAN BERNARDINO, INC.
This Amendment No. 2 ( "Amendment No. 2 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the State of California, and
Clinical Laboratory of San Bernardino, Inc., a California Corporation, with respect to that
certain Agreement between the Parties dated April 21, 2010 ( "Agreement "), and further
amended by Amendment No. 1 dated March 30, 2011.
The Parties agree as follows:
Pursuant to Section 3.1.2 of the Agreement, the Term is hereby extended
to April 21, 2013.
2. Pursuant to Section 3.2.2 of the Agreement, the Schedule of Services is
hereby amended as referenced in the attached Exhibit "B ".
3. All terms and provisions of the Agreement not amended by this
Amendment No. 2 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 2 on the date
set forth below.
CITY OF ARCADIA
By:
ominic Lazza o
City Manager
Dated: _::5�cVt. Lei Z.011,
TIES :
City CIA,L-J
AP ROVE AS TO FORM:
F'
Steph n P. Deitsch
City Attorney
CLINICAL LABORATORY OF
SAN BERNARDINO, INC.
By: acl �
Bob Glaubig
Laboratory Director
Dated: May of 201 Z
CONCUR:
Tom Tait
Public Works Services Director
Exhibit "B"
SCHEDULE OF SERVICES
All work shall be completed in accordance with the following schedule:
The term of this Agreement shall be for one (1) year starting from date of execution unless
earlier terminated as provided herein.
An additional sampling schedule shall be adhered to. Please see Exhibit "B" attachment — City
of Arcadia Sampling Schedule April 2012 — April 2013.
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
Arcadia City of
May 1
i Monday
i
Wednesday
2
3
•
•
4
Saturday
5
+ Distribution Sample
+ 20 General Pysical
6
7
8
9
10
11
12
+ Distribution Sample
+ Well & Reservoir
13
14
15
16
17
1
19
+ Distribution Sample
20
21
22
23
24
25
26
+ Distribution Sample
27
28
29
30
31
Notes:
+ Distribution Sample
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B "- ATTACHMENT
nf�
Sunday �,,-'t Monday
Tuesday
Wednesday
1
Thursday
2
Friday
3
sat 4rday
4
5
6
7
8
9
10
11
+ Distribution Sample
+ 20 General Pysical
12
13
14
15
16
17
18
+ Distribution Sample
+ Well & Reservoir
19
20
21
22
23
24
25
+ Distribution Sample
26
27
28
29
30
31
Notes;
+ Distribution Sample
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
nf�� Arnar
• i
$9nday Monday
1
•.
2
• •.
3
•.
4
•,
5
s,
6
+ Distribution Sample
+ 20 General Pysical
7
8
9
10
11
12
13
+ Distribution Sample
+ Well & Reservoir
14
15
16
17
18
19
20
+ Distribution Sample
21
22
23
24
25
26
27
+ Distribution Sample
28
29
30
31
Notes:
+ Distribution Sample
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
EXHIBIT "B" - ATTACHMENT
//� >�) -8o
FO�I,,
J
AMENDMENT NO. 1 TO AGREEMENT FOR THE
A,= =1 4 LABORATORY ANALYSIS TESTING SERVICES OF
�. CITY WATER SAMPLES BY AND BETWEEN THE CITY OF ARCADIA
` • ;�`'° AND CLINICAL LABORATORY OF SAN BERNARDINO, INC.
This Amendment No. 1 ( "Amendment No. 1 ") is hereby entered into by and
between the City of Arcadia, a municipal corporation of the State of California, and
Clinical Laboratory of San Bernardino, Inc., with respect to that certain Agreement
between the parties dated April 21, 2010 ( "Agreement ").
The parties agree as follows:
The term of the Agreement is extended to and including April 21, 2012.
2. For the period of the extension of the contract, the total compensation
payable by the City to the Contractor shall not exceed FORTY -SIX
THOUSAND ONE HUNDRED AND FIFTY DOLLARS AND NO
CENTS ($46,150.00).
3. All terms and provisions of the Agreement not amended by this
Amendment No. 1 are hereby reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the date
set forth below.
Donald Penman
City Manager
Dated: 31 Sol u
AP ROVE AS TO FORM:
U'
Stephen P. Deitsch
City Attorney
CLINICAL LABORATORY OF
SAN BERNARDINO, INC.
By: W
Bob Glaubig
Laboratory Director
Dated: Mavc11 171 ZG 1)
CONCUR:
Tom Tait
Public Works Services Director
CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
LABORATORY ANALYSES TESTING SERVICES
OF CITY WATER SAMPLES
1. PARTIES AND DATE.
This Agreement is made and entered into this -day of 4nf 2010
by and between the City of Arcadia, a charter city organized un er the Constitution
and laws of the State of California with its principal place of business at 240 West
Huntington Drive, Arcadia, California 91066 -6021 ( "City ") and Clinical Laboratory of
San Bernardino, Inc., a California Corporation, with its principal place of business at
21881 Barton Road, Grand Terrace, CA 92313 ( "Consultant "). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of
certain professional services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing laboratory
analyses testing of water samples services to public clients, is licensed in the State
of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for the Laboratory
Analyses Testing of City Water Samples Project ( "Project ") as set forth in this
Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to
furnish to the City all labor, materials, tools, equipment, services, and incidental and
customary work necessary to fully and adequately supply the professional laboratory
analyses testing of water samples services necessary for the Project ( "Services ").
The Services are more particularly described in Exhibit "A" attached hereto and
incorporated herein by reference. All Services shall be subject to, and performed in
accordance with, this Agreement, the exhibits attached hereto and incorporated herein
by reference, and all applicable local, state and federal laws, rules and regulations.
Revised 9/08 LM
3.1.2 Term. The term of this Agreement shall be for one (1) year starting
from date of execution, unless earlier terminated as provided herein. Consultant shall
complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor.
The Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor
basis and not as an employee. Consultant retains the right to perform similar or
different services for others during the term of this Agreement. Any additional personnel
performing the Services under this Agreement on behalf of Consultant shall also not be
employees of City and shall at all times be under Consultant's exclusive direction and
control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services under this Agreement and
as required by law. Consultant shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes,
income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to
perform the Services in conformance with such conditions. In order to facilitate
Consultant's conformance with the Schedule, City shall respond to Consultant's
submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City
that certain key personnel will perform and coordinate the Services under this
Agreement. Should one or more of such personnel become unavailable, Consultant
may substitute other personnel of at least equal competence upon prior written approval
of City. In the event that City and Consultant cannot agree as to the substitution of key
personnel, City shall be entitled to terminate this Agreement for cause. As discussed
below, any personnel who fail or refuse to perform the Services in a manner acceptable
to the City, or who are determined by the City to be uncooperative, incompetent, a
threat to the adequate or timely completion of the Project or a threat to the safety of
persons or property, shall be promptly removed from the Project by the Consultant at
the request of the City. The key personnel for performance of this Agreement are as
follows: Bob Glaubig, Laboratory Director.
Revised 9/08 LM
2
3.2.5 City's Representative. The City hereby designates Tom Tait,
Public Works Services Director, or his or her designee, to act as its representative for
the performance of this Agreement ( "City's Representative "). City's Representative
shall have the power to act on behalf of the City for all purposes under this Contract.
Consultant shall not accept direction or orders from any person other than the City's
Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Bob
Glaubig, Laboratory Director, or his or her designee, to act as its representative for
the performance of this Agreement ( "Consultant's Representative "). Consultant's
Representative shall have full authority to represent and act on behalf of the Consultant
for all purposes under this Agreement. The Consultant's Representative shall supervise
and direct the Services, using his best skill and attention, and shall be responsible for all
means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
City staff in the performance of Services and shall be available to City's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall
perform all Services under this Agreement in a skillful and competent manner,
consistent with the standards generally recognized as being employed by professionals
in the same discipline in the State of California. Consultant represents and maintains
that it is skilled in the professional calling necessary to perform the Services. Finally,
Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to
perform the Services, including a City Business License, and that such licenses and
approvals shall be maintained throughout the term of this Agreement. As provided for in
the indemnification provisions of this Agreement, Consultant shall perform, at its own
cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with
the standard of care provided for herein. Any employee of the Consultant or its sub -
consultants who is determined by the City to be uncooperative, incompetent, a threat to
the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner
acceptable to the City, shall be promptly removed from the Project by the Consultant
and shall not be re- employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of
and in compliance with all local, state and federal laws, rules and regulations in any
manner affecting the performance of the Project or the Services, including all Cal /OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services. If the Consultant
performs any work knowing it to be contrary to such laws, rules and regulations and
without giving written notice to the City, Consultant shall be solely responsible for all
Revised 9/08 LM
3
a
costs arising there from. Consultant shall defend, indemnify and hold City, its officials,
directors, officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any
failure or alleged failure to comply with such laws, rules or regulations.
3.2.9.1 Immigration Reform and Control Act. Consultant
acknowledges that Consultant, and all subcontractors hired by Consultant to perform
services under this Agreement, are aware of and understand the Immigration Reform
and Control Act ( "IRCA "). Consultant is and shall remain in compliance with the IRCA
and shall ensure that any subcontractors hired by Consultant to perform services under
this Agreement are in compliance with the IRCA. In addition, Consultant agrees to
indemnify, defend and hold harmless the City, its agents, officers and employees, from
any liability, damages or causes of action arising out of or relating to any claims that
Consultant's employees, or the employees of any subcontractor hired by Consultant,
are not authorized to work in the United States for Consultant or its subcontractor and /or
any other claims based upon alleged IRCA violations committed by Consultant or
Consultant's subcontractor(s).
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the
City that it has secured all insurance required under this section. In addition, Consultant
shall not allow any subcontractor to commence work on any subcontract until it has
provided evidence satisfactory to the City that the subcontractor has secured all
insurance required under this section; provided, however, that in lieu thereof, the
Consultant may provide evidence to the City that all subcontractors are additional
insureds under the Consultant's policies of insurance.
3.2.10.2 Minimum Requirements. Consultant shall, at its
expense, procure and maintain for the duration of the Agreement insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the Agreement by the Consultant, its agents,
representatives, employees, subcontractors and volunteers. Consultant shall also
name and obtain insurer's consent to naming City, its directors, officials, officers,
employees, agents and volunteers as an additional insured with proof of certificate of
insurance that they are an additional insured. Such insurance shall meet at least the
following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be
when commercially available (occurrence based) at least as broad as the latest version
of the following: (1) General Liability: Insurance Services Office Commercial General
Liability coverage for premises and operations, contractual liability, personal injury,
bodily injury, independent contractors, broad form property damage, explosion,
collapse, and underground, products and completed operations; (2) Automobile Liability:
Insurance Services Office Business Auto coverage for any auto owned, leased, hired,
Revised 9/08 LM
4
and borrowed by Consultant or for which Consultant is responsible; and (3) Workers'
Compensation and Employer's Liability: Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
City, its directors, officials, officers, employees, agents and volunteers shall be listed as
additional insured. Any deductibles or self- insured retentions must be declared to and
approved by City and conform to the requirements provided in Section 3.2.10.6 herein.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) General Liability. $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage, with an aggregate
limit of $1,000,000. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required
occurrence limit; (2) Automobile Liability. $1,000,000 combined single limit per accident
for bodily injury and property damage; and (3) Workers' Compensation and Employer's
Liability. Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of $1,000,000 per accident for bodily injury or
disease.
3.2.10.3 Professional Liability. Consultant shall procure
and maintain, and require its sub - consultants to procure and maintain, for a period of
three (3) years following completion of the Project, errors and omissions liability
insurance appropriate to their profession. Such insurance shall be in an amount not
less than $1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies
shall contain the following provisions, or Consultant shall provide endorsements on
forms supplied or approved by the City to add the following provisions to the insurance
policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1) the City, its directors, officials, officers, employees and
volunteers shall be covered as additional insured with respect to liability arising out of
Services operations and for completed operations performed by or on behalf of the
Consultant, including materials, parts or equipment furnished in connection with such
work; and (2) the insurance coverage shall be primary insurance as respects the City,
its directors, officials, officers, employees and volunteers, or if excess, shall stand in an
unbroken chain of coverage excess of the Consultant's scheduled underlying coverage.
Any insurance or self- insurance maintained by the City, its directors, officials, officers,
employees and volunteers shall be excess of the Consultant's insurance and shall not
be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy
shall be endorsed to state that: (1) the City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the
Revised 9/08 LM
5
ownership, operation, maintenance, use, loading or unloading of any auto owned,
leased, hired or borrowed by the Consultant or for which the Consultant is responsible;
and (2) the insurance coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents and volunteers, or if excess, shall stand
in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self- insurance maintained by the City, its directors, officials,
officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its
directors, officials, officers, employees, agents and volunteers for losses paid under the
terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be, reduced or
canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested of cancellation, of intended non - renewal or endorsement reduction in limit or
scope of coverage; provided, however, that in the event of cancellation due solely to
non - payment of premium, ten (10) days notice of cancellation for non - payment of
premium may instead be given to the City.; and (B) any failure to comply with reporting
or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, employees, agents and
volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the
scope of protection afforded to the City, its directors, officials, officers, employees,
agents and volunteers.
3.2.10.6 Deductibles and Self- Insurance Retentions. Any
deductibles or self- insured retentions must be declared to and approved by the City.
Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall
reduce or eliminate such deductibles or self- insured retentions as respects the City, its
directors, officials, officers, employees, agents and volunteers; or (2) the Consultant
shall procure a bond guaranteeing payment of losses and related investigation costs,
claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed
with insurers with a current A.M. Best's rating no less than A:VIII, admitted or approved
to do business in California, and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City
with complete and accurate copies of current certificates of insurance and
endorsements effecting coverage required by this Agreement on forms satisfactory to
Revised 9108 LM
6
the City. The certificates and endorsements for each insurance policy shall be signed
by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. Copies of all certificates and endorsements
must be received and approved by the City before work commences. The City reserves
the right to require complete, certified copies of all required insurance policies, at any
time.
3.2.10.9 Safety. Consultant shall execute and maintain its
work so as to avoid injury or damage to any person or property. In carrying out its
Services, the Consultant shall at all times be in compliance with all applicable local,
state and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable
shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang
planks, confined space procedures, trenching and shoring, equipment and other safety
devices, equipment and wearing apparel as are necessary or lawfully required to
prevent accidents or injuries; and (C) adequate facilities for the proper inspection and
maintenance of all safety measures.
3.2.10.10 Material Breach. Lack of insurance does not negate
Consultant's obligations under this Agreement. Maintenance of proper insurance
coverage is a material element of this Agreement and failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of the Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services
rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and
incorporated herein by reference. The total compensation shall not exceed FORTY -SIX
THOUSAND, ONE HUNDRED FORTY -NINE DOLLARS AND NO CENTS,
($46,149.00) without written approval of the City Manager. Extra Work may be
authorized, as described below, and if authorized, will be compensated at the rates and
manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a
monthly itemized statement which indicates work completed and hours of Services
rendered by Consultant. The statement shall describe the amount of Services and
supplies provided since the initial commencement date, or since the start of the
subsequent billing periods, as appropriate, through the date of the statement. City
shall, within forty -five (45) days of receiving such statement, review the statement and
pay all approved charges thereon.
Revised 9/08 LM
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed
for any expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the term of this Agreement, City
may request that Consultant perform Extra Work. As used herein, "Extra Work" means
any work which is determined by City to be necessary for the proper completion of the
Project, but which the parties did not reasonably anticipate would be necessary at the
execution of this Agreement. Consultant shall not perform, nor be compensated for,
Extra Work without prior written authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete
and accurate records with respect to all costs and expenses incurred under this
Agreement. All such records shall be clearly identifiable. Consultant shall allow a
representative of City during normal business hours to examine, audit, and make
transcripts or copies of such records and any other documents created pursuant to this
Agreement. Consultant shall allow inspection of all work, data, documents, proceedings,
and activities related to the Agreement for a period of three (3) years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice
to Consultant, terminate the whole or any part of this Agreement at any time and without
cause by giving written notice to Consultant of such termination, and specifying the
effective date thereof, at least seven (7) days before the effective date of such
termination. Upon termination, Consultant shall be compensated only for those services
which have been adequately rendered to City, and Consultant shall be entitled to no
further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated
as provided herein, City may require Consultant to provide all finished or unfinished
Documents and Data and other information of any kind prepared by Consultant in
connection with the performance of Services under this Agreement. Consultant shall be
required to provide such document and other information within fifteen (15) days of the
request.
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms
and in such manner as it may determine appropriate, services similar to those
terminated.
Revised 9/08 LM
8
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such
other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
Clinical Laboratory of San Bernardino, Inc.
21881 Barton Road
Grand Terrace, CA 92313
Attn: Bob Glaubig, Laboratory Director
City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Craig Clark, Utilities Superintendent
Such notice shall be deemed made when personally delivered or when mailed, forty -
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and
addressed to the party at its applicable address. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non - exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual
property embodied in plans, specifications, studies, drawings, estimates, and other
documents or works of authorship fixed in any tangible medium of expression, including
but not limited to, physical drawings or data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to
agree in writing that City is granted a non - exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard
to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City shall not be limited in any way in
its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data,
written information, and other Documents and Data either created by or provided to
Consultant in connection with the performance of this Agreement shall be held
Revised 9/08 LM
9
confidential by Consultant. Such materials shall not, without the prior written consent of
City, be used by Consultant for any purposes other than the performance of the
Services. Nor shall such materials be disclosed to any person or entity not connected
with the performance of the Services or the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known, to
the related industry shall be deemed confidential. Consultant shall not use City's name
or insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with
one another, and shall take any additional acts or sign any additional documents as
may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification.
3.5.5.1 To the fullest extent permitted by law, Consultant shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers and
agents free and harmless from any and all claims, demands, causes of action, costs,
expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts,
omissions or willful misconduct of Consultant, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the
Services, the Project or this Agreement, including without limitation the payment of all
consequential damages and attorney's fees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil
Code Section 2782.8, the above indemnity shall be limited, to the extent required by
Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant shall
defend with Legal Counsel of City's choosing, at Consultant's own cost, expense and
risk, any and all such aforesaid suits, actions or other legal proceedings of every kind
that may be brought or instituted against City, its directors, officials, officers, employees,
agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree
that may be rendered against City or its directors, officials, officers, employees, agents
or volunteers, in any such suit, action or other legal proceeding arising from
Consultant's performance of the Services, the Project or this Agreement; except to the
extent that liability is caused by any negligence or willful misconduct by the City or its
directors, officials, officers, employees, agents or volunteers. Consultant shall
reimburse City and its directors, officials, officers, employees, agents and /or volunteers,
for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its
directors, officials, officers, employees, agents or volunteers and shall take effect
immediately upon execution of this Agreement.
Revised 9/08 LM
10
3.5.5.2 The duty to defend and to hold harmless, as set forth
above, shall include the duty to defend as established by Section 2778 of the California
Civil Code, and the duty to defend shall arise upon the making of any claim or demand
against the City, its respective officials, officers, agents, employees and representatives,
notwithstanding that no adjudication of the underlying facts has occurred, and whether
or not Consultant has been named in the claim or lawsuit.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement
of the Parties with respect to the subject matter hereof, and supersedes all prior
negotiations, understandings or agreements. This Agreement may only be modified by
a writing signed by both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of
the State of California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every
provision of this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves right to
employ other consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate,
or transfer, either directly or by operation of law, this Agreement or any interest herein
without the prior written consent of the City. Any attempt to do so shall be null and void,
and any assignees, hypothecates or transferees shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their
agents have participated fully in the preparation of this Agreement, the language of this
Agreement shall be construed simply, according to its fair meaning, and not strictly for
or against any Party. Any term referencing time, days or period for performance shall
be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, and subcontractors of Consultant, except as otherwise
specified in this Agreement. All references to City include its elected officials, officers,
employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or
intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by
both Parties.
Revised 9/08 LM
11
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any
other default or breach, whether of the same or other covenant or condition. No waiver,
benefit, privilege, or service voluntarily given or performed by a Party shall give the
other Party any contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the
remaining provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants that it has
not employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising there from.
3.5.18 Equal Opportunity Employment. Consultant represents that it is an
equal opportunity employer and it shall not discriminate against any subcontractor,
employee or applicant for employment because of race, religion, color, national origin,
handicap, ancestry, sex, sexual orientation or age. Such non - discrimination shall
include, but not be limited to, all activities related to initial employment, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business
Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Consultant certifies
that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Worker's Compensation or to
undertake self- insurance in accordance with the provisions of that Code, and agrees to
comply with such provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all requisite power
and authority to conduct its business and to execute, deliver, and perform the
Agreement. Each Party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective Party.
Revised 9/08 LM
12
3.5.21 Counterparts. This Agreement may be signed in counterparts,
each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any
portion of the work required by this Agreement, except as expressly stated herein,
without prior written approval of City. Subcontracts, if any, shall contain a provision
making them subject to all provisions stipulated in this Agreement.
CITY OF ARCADIA
By: ` >e., s.
Donald Penman
City Manager
APPROVED AS TO FORM:
V
Steph n P. Deitsch
City Attorney
Revised 9/08 LM
13
CLINICAL LABORATORY OF
SAN BERNARDINO, INC.
By: 13J L4-4/
Bob Glaubig
Laboratory Dir , or
CONCUR:
*�, f4w -�'
Tom Tait
Public Works Services Director
EXHIBIT "A"
SCOPE OF SERVICES
Scope of services for Laboratory Analyses Services for Testing of City Water Samples
shall include, but is not limited to the following:
- Testing and analyses of water samples for bacteria, contaminants or
pollutants by a State of California Department of Public Health and United
States Environmental Protection Agency (USEPA) certified Laboratory.
A written report, completed entirely by the laboratory, shall be furnished for
each sample indicating analyses conducted and the results of each analysis.
Written reports shall comply with CDPH and USEPA standard report formats,
and are to be transmitted electronically to CDPH in Sacramento, California
and USEPA, as required.
The City shall receive all reports a prior month by the fifth (5) day of the
current month to be included in the City's monthly report to CDPH. A faxed
report, followed by an original report, is acceptable and is deemed to meet
this requirement.
A Utilities Section emergency contact list shall be provided to the laboratory
for immediate notification of any positive bacteriological, volatile organic
compounds (VOC), or nitrate samples that exceed the Maximum Contaminant
Level (MCL).
The laboratory shall provide pick -up service for all routine samples according
to the City's annual sampling schedule (attached) and must provide either
weekend pick -up /testing service or weekend drop- off /testing service within
the specified distance. The pick -up point is the City's Public Works Services
Center located at 11800 Goldring Road, Arcadia, CA 91006.
- The laboratory, or satellite office, shall be within fifty (50) miles of the Public
Works Services Center.
S D P U B \SA K I N S \744624.2
A -1
Exhibit "B"
SCHEDULE OF SERVICES
All work shall be completed in accordance with the following schedule:
The term of this Agreement shall be for one (1) year starting from date of execution,
unless earlier terminated as provided herein.
An additional sampling schedule shall be adhered to. Please see Exhibit "B"
attachment - City of Arcadia 2010 Sampling Schedule.
S D P U B \SAK I N S \744624.2
B -1
Exhibit "B" - Attachment
CITY OF ARCADIA
SAMPLING SCHEDULE
CALENDAR YEAR 2010
January 5 - Tuesday
February 8 - Monday
BacT
20
BacT
20
Nitrate
5
Nitrate
5
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
TCE /PCE
1
PCE
1
PCE
1
February 9 - Tuesday
January 11 -Monday
BacT (Wells & Reservoirs)
31
BacT
20
'Nitrate (Wells) (See Note pg. 7)
7
Nitrate
5
TCE /PCE (OG Wells)
4
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
TCE /PCE
1
Nitrate (St. Joseph Reservoir 3)
1
PCE
1
Nitrate (Longden /Peck Blend
1
PCE (St. Joseph Well 2)
1
January 12 - Tuesday
February 16 - Tuesday
BacT (Wells & Reservoirs)
31
'Nitrate (Wells) (See Note pg. 7)
7
BacT
20
TCE /PCE (OG Wells)
4
Nitrate
5
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
TCE /PCE /1,1 DCE /1,2 DCA
1
Nitrate (St. Joseph Reservoir South)
1
TCE /PCE
1
Nitrate (Longden /Peck Blend)
1
PCE
1
PCE (St. Joseph Well 2)
1
February 23 - Tuesday
January 19 - Tuesday
BacT
20
BacT
20'
Nitrate
5
Nitrate
5
TCE /PCE/ 1,1 DCE/ 1,2 DCA
1
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
TCE /PCE
1
PCE
1
PCE
1
March 2 - Tuesday
January 26 - Tuesday
BacT
20
BacT
20
Nitrate
5
Nitrate
5
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
TCE /PCE
1
PCE
1
PCE
1
February 2 - Tuesday
March 8 - Monday
BacT
20
BacT
20
Nitrate
5
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
TCE /PCE
1
General Physical
20
PCE
1
PCE
1
Exhibit "B" - Attachment
CITY OF ARCADIA
SAMPLING SCHEDULE
CALENDAR
YEAR 2010
CITY OFARCADIA
April 13 - Tuesday
SAMPLING SCHEDULE 2010
Page 2
BacT (Wells & Reservoirs)
31
'Nitrate (Wells) (See Note pg. 7)
7
March 9 - Tuesday
TCE /PCE (OG Wells)
4
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
BacT (Wells & Reservoirs)
31
Nitrate (St. Joseph Reservoir South)
1
"Nitrate (Wells) (See Note pg. 7)
7
Nitrate ( Longden /Peck Blend)
1
TCE /PCE (OG Wells)
4
PCE (St. Joseph Well 2)
1
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
Nitrate (St. Joseph Reservoir South)
1
April 20 - Tuesday
Nitrate (Longden /Peck Blend)
1
PCE (St. Joseph Well 2)
1
BacT
20
Nitrate
5
March 16 - Tuesday
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
BacT
20
PCE
1
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
April 27 - Tuesday
TCE /PCE
1
PCE
1
BacT
20
Nitrate
5
March 23 - Tuesday
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
BacT
20
PCE
1
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
May 4 - Tuesday
TCE /PCE
1
PCE
1
BacT
20
Nitrate
5
March 30 - Tuesday
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
BacT
20
TCE /PCE
1
Nitrate
5
PCE
1
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
May 10 - Monday
PCE
1
BacT
20
April 6 - Tuesday
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
BacT
20
TCE /PCE
1
Nitrate
5
PCE
1
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
May 11 - Tuesday
TCE /PCE
1
PCE
1
Bact (Wells & Reservoirs
31
Nitrate (Wells) (See Note pg. 7)
7
April 12 - Monday
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
TCE /PCE (OG Wells)
4
BacT
20
Nitrate (St. Joseph Reservoir 3)
1
Nitrate
5
Nitrate (Longden /Peck Blend)
1
TCE /PCE /1,1 DCE /1,2 DCA
1
Perchlorate (All wells)
14
TCE /PCE
1
PCE (St. Joseph Well 2)
1
PCE
1
Exhibit "B" - Attachment
CITY OFARCADIA
SAMPLING SCHEDULE
CALENDAR YEAR 2010
CITY OF ARCADIA
SAMPLING SCHEDULE 2090
Page 3
May 19 - Tuesday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
May 25 - Tuesday
1
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DEA
1
TCE /PCE
1
PCE
1
June 1 -Tuesday
BacT
20
Nitrate
5
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
June 7 - Monday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
June 8 - Tuesday
BacT (Wells & Reservoirs)
31
'Nitrate (Wells) (See Note pg. 7)
7
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
TCE /PCE (OG Wells)
4
Nitrate (St. Joseph Reservoir South)
1
Nitrate (Longden /Peck Blend
1
PCE (St. Joseph Well 2)
1
Nitrate - All Wells
14
June 15 - Tuesday
BacT 20
Nitrate 5
TCE /PCE /1,1 DCE /1,2 DCA 1
TCE /PCE 1
PCE 1
June 22 - Tuesday
BacT 20
Nitrate 5
TCE /PCE 1
TCE /PCE /1,1 DCE /1,2 DCA 1
PCE 1
June 29 - Tuesday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
July 6 - Tuesday
BacT
20
Nitrate
5
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
LEAD & COPPER
30
July 12- Monday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
July 13 - Tuesday
BacT (Wells & Reservoirs
31
'Nitrate (Wells) (See Note pg. 7)
7
TCE /PCE (OG Wells)
4
TCE /PCE /CDE /DCA Lon. 1 & 2)
2
Nitrate (St. Joseph Reservoir South
1
Nitrate (Longden /Peck Blend)
1
PCE (St. Joseph Well 2)
1
Exhibit "B" - Attachment
CITY OF ARCADIA
SAMPLING SCHEDULE
CALENDAR YEAR 2010
CITY OF ARCADIA
SAMPLING SCHEDULE 2010
PAGE 4
July 20 -Tuesday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
July 27 - Tuesday
1
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
August 3 - Tuesday
1
BacT
20
Nitrate
5
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
August 9 - Monday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
August 10 - Tuesday
BacT (Wells & Reservoirs)
31
'Nitrate (Wells) (See Note pg. 7)
7
TCE /PCE (OG Wells)
4
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
Nitrate (St. Joseph Reservoir South)
1
Nitrate (Longden /Peck Blend
1
PCE (St. Joseph Well 2)
1
August 17 - Tuesday
BacT 20
Nitrate 5
TCE /PCE /1,1 DCE /1,2 DCA 1
TCE /PCE 1
PCE 1
August 24 - Tuesday
BacT
20
Nitrate
5
TCE /PCE/ 1,1 DCE/ 1,2 DCA
1
TCE /PCE
1
PCE
1
August 31 -Tuesday
BacT
20
Nitrate
5
TCE /PCE/ 1,1 DCE/ 1,2 DCA
1
TCE /PCE
1
PCE
1
September 7- Tuesday
1
BacT
20
Nitrate
5
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
September 13 - Monday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
September 14 - Tuesday
BacT (Wells & Reservoirs)
31
'Nitrate (Wells) (See Note pg. 7)
7
TCE /PCE (OG Wells)
4
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
Nitrate (St. Joseph Reservoir South)
1
Nitrate (Longden /Peck Blend
1
PCE (St. Joseph Well 2)
1
Exhibit "B" - Attachment
CITY OF ARCADIA
SAMPLING SCHEDULE
CALENDAR YEAR 2010
CITY OF ARCADIA
October 19 - Tuesday
SAMPLING SCHEDULE 2010
Page 5
BacT
20
Nitrate
5
September 21 - Tuesday
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
BacT
20
PCE
1
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
October 26 - Monday
TCE /PCE
1
PCE
1
Bact
20
Nitrate
5
September 28 - Tuesday
TCE /PCE /1,1 DCE /1,2DCA
1
TCE /PCE
1
BacT
20
PCE
1
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
November 2 - Tuesday
TCE /PCE
1
PCE
1
BacT
20
Nitrate
5
October 5 - Tuesday
General Physical
20
TCE /PCE/ 1,1 DCE/ 1,2 DCA
1
BacT
20
TCE /PCE
1
Nitrate
5
PCE
1
General Physical
20
TCE /PCE /1,1 DCE /1,2 DCA
1
November 8 - Monday
TCE /PCE
1
PCE
1
BacT
20
Nitrate
5
October 11 - Monday
TCE /PCE/ 1,1 DCE/ 1,2 DCA
1
TCE /PCE
1
BacT
20
PCE
1
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
November 9 - Tuesday
TCE /PCE
1
PCE
1-
BacT (Wells & Reservoirs)
31
*Nitrate (Wells) (See Note pg. 7)
7
October 12 - Tuesday
TCE /PCE (OG Wells)
4
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
BacT (Wells & Reservoirs)
31
Nitrate (St. Joseph Reservoir South)
1
`Nitrate (Wells) (See Note pg. 7)
7
Nitrate (Longden /Peck Blend)
1
TCE /PCE (OG Wells)
4
PCE (St. Joseph Well 2)
1
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
Nitrate (St. Joseph Reservoir South)
1
Nitrate (Longden /Peck Blend
1
PCE (St. Joseph Well 2)
. 1
Exhibit "B" - Attachment
CITY OF ARCADIA
SAMPLING SCHEDULE
CALENDAR YEAR 2010
CITY OFARCADIA
December 14 - Tuesday
SAMPLING SCHEDULE 2010
Page 6
BacT (Wells & Reservoirs)
31
*Nitrate (Wells) (See Note pg. 7)
7
November 16 - Tuesday
TCE /PCE (OG Wells)
4
TCE /PCE /DCE /DCA (Lon. 1 & 2)
2
BacT
20
Nitrate (St. Joseph Reservoir South)
1
Nitrate
5
Nitrate (Longden /Peck Blend)
1
TCE /PCE /1,1 DCE /1,2 DCA
1
PCE (St. Joseph Well 2)
1
TCE /PCE
1
PCE
1
December 21 - Tuesday
November 23 - Tuesday
BacT
20
Nitrate
5
BacT
20
TCE /PCE /1,1 DCE /1,2 DCA
1
Nitrate
5
TCE /PCE
1
TCE /PCE/ 1,1 DCE/ 1,2 DCA
1
PCE
1
TCE /PCE
1
PCE
1
December 28 - Tuesday
November 30 - Tuesday
BacT
20
BacT
20
Nitrate
5
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE/ 1,1 DCE/ 1,2 DCA
1
TCE /PCE
1
TCE /PCE
1
PCE
1
PCE
1
December 7 - Tuesday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
General Physical
20
PCE
1
December 13 - Monday
BacT
20
Nitrate
5
TCE /PCE /1,1 DCE /1,2 DCA
1
TCE /PCE
1
PCE
1
Exhibit "B" - Attachment
CITY OFARCADIA
SAMPLING SCHEDULE
CALENDAR YEAR 2010
CITY OF ARCADIA
SAMPLING SCHEDULE 2010
Page 7
WEEKLY NITRATES AT:
1910003-023 St. Joseph Reservoir Blend (Booster Building) - Treated
1910003 -022 Orange Grove Reservoir Blend (Sample Station #20) - Treated
1910003 -021 Longden Forebay Blend - Treated
MONTHLY NITRATE WELL SAMPLES AT:
St. Joseph Well #2, all Orange Grove Wells, Longden Well 1, Longden Well 2,
Peck / Longden Blend
MONTHLY NITRATE DISTRIBUTION SAMPLE AT:
St. Joseph Reservoir 3 - South side - 1910003 -035
WEEKLY VOC SAMPLES AT:
1910003 -022 Orange Grove Reservoir Blend - Treated
Sample Station 20 TCE /PCE (502.2)
1910003 -021 Longden Forebay Blend - Treated
TCE /PCE /1,1 DCE /1,2 DCA (524.2)
PCE St. Joseph Reservoir Blend (Booster Building) For Arcadia Use Only
ANNUAL SAMPLES
Nitrate - All Wells - June
MONTHLY VOC SAMPLES AT:
TCE /PCE -Orange Grove 1A, 2A, 5, and 6 (502)
TCE /PCE /1,1 DCE /1,2 DCA - Longden 1 and Longden 2 (524.2)
PCE - St. Joseph Well 2 (when running) for 6 months
QUARTERLY NITRATE SAMPLE:
Baldwin Well 2
TITLE 22 SAMPLES:
Raymond Basin Wells: Sampled by Stetson according to their schedule.
Main Basin Wells: General Mineral, General Physical sampled by Arcadia
Samples due in June, 2011
All other Main Basin Title 22 samples by Stetson according to their schedule
TTHM /HAAS; RADIOLOGICAL; STATE UNREGULATED CHEMICALS
UCMR; SOC; D /DBP; UCMR 2: Sampled by Stetson
LEAD AND COPPER (Every three years) To be sampled July, August,
September, 2010: Sampled by Arcadia
PERCHLORATE
All Wells - Sampled Annually in May by Arcadia
Exhibit "C"
COMPENSATION
Compensation shall be based on time and materials spent in accordance with the following
tasks, not to exceed the total compensation listed:
Laboratory Analyses Testing of - $46,149.00
of City Water Samples
Total Compensation $46,149.00
The total compensation shall not exceed the total listed without written authorization in
accordance with Section 3.3.4 of this agreement. Individual rates and fees are attached as
Exhibit "C" Attachment - Professional Fees and Rate Schedule.
SDPUB \SAKI NS \744624.2
C -1
Exhibit "C" - Attachment
PROFESSIONAL FEES AND RATE SCHEDULES
.. .......... .
The following rate schedule lists the items necessary to complete the work. Bidder shall complete
this schedule for a one (1) year contract. Payment for each item will be based on the actual quantity
for analyses performed. Quantities shown are estimated based on the on-going Title 22
requirements. Variation of the actual analysis quantity is expected. All tests shall be performed in
accordance with DOHS and USEPA requirements.
BID SCHEDULE - I
ITEM
DESCRIPTION J
ESTIMATED
UNIT PRI�CE
TOTAL PRICE
QUANTITIY
1.
Bacteriological
2000
$5.00
$ 10,000.00
2.
Speciations
10
$220.00
$2,200.00 00.00
3.
General Physicals
$4.00
$1,040.00
4.
M
_260
15
$30.00
$ 450.00_
5,
_TTH
Lead & Copper
30
$16.00
$480.00
6,
General Mineral
16
$50.00
$800-00
7.
Langlier
16
30.00 . .......
$480.00
8,
Hardness
16
$5.00
$80.00
- - -------------_ -
9.
TCE
240
$15.00
$ 3,600.00
10,
PCE
240
$ 15.00
$ 3,600.00
11,
1.1 DCEE
52
$ 15.00
$780.00
12.
1,2 DCA
52
$ 15.00
$780.00
----- - - -----
Inorganics:
Alluminum, Atimony, Arscenic,
Barium, Berylium, Cadmium,
13.
Chromium (total Cr), Fluoride,
16
I $85.00
$1,360.00
Lead, Mercury, Nickel, Selenium,
Silver, Thallium, Cyanide, Nitrate
(NO3), Nitrate (expressed as
Nitrogen), Perchlorate
14.
Nitrate (NO3)
400
$5.00
$2,000.00
15.
Radon
16
$29.00
$464.00
Radioactivity: Gross Alpha, Gross
Gross Alpha $25.00 Gross Bets $25.00
$400.00
16.
Beta, Radium 226, Radium 228,
16
Radium 226 $59.00
Radium 228 $149.00
Total Price is for Gross Alpha
based on recent historical
Uranium
Uranium $45.00
analvsis requested.
Chlordane
17.
(EPA Method 507 or approved
16
$40.00
$640.00
equal)
City of Arcadia, Public Works Services Department Page i ot 6
Exhibit "C" - Attachment
PROFESSIONAL FEES AND RATE SCHEDULES
BID SCHEDULE I - Continued
ITEM
DESCRIPTION
ESTIMATED
UNIT PRICE TOTAL PRICE
QUANTITIY
18.
Simazine (EPA Method 507 or
16
$40.00
$640.00
approved equal)
(EPA Method 515. 1)
20.
Carbaryl
16
$40.00
$640.00
(EPA Method 531.1)
21.
Glyphosate
16
$40.00
$640.00
(EPA Method 547)
22.
Diquat
16
$130.00
$ 2,080M
(EPA Method 549)
23.
Diuron
16
$170.00
$2,720.00
(EPA Method 632)
24.
Complete VOC
16
$45.00
$720.00
(EPA Method 524.2)
25,
Travel Bank
N/A
Varies With Sample Assoc. With
27.
Perchlorate
16
$18.00
$288.00
28
Trimethylbenzene (1, 2, 4)
36
$15.00
$ 540.01D
Trimethylbenzene (1, 3, 5)
36
$15.00
$540.00
Fluoride
36
$5.00
$ 180.00
31.
Asbestos
14
$110.00
$1,540.00
32.
Chromium 6
14
$30.00
$420.00
33.
Chlorinated Pesticides EPA
5
$40.00
$200.00
Method 508)
(EPA Method 525)
� Pace 2 Of
Z
'411 A"
.7
Exhibit "C" - Attachment
PROFESSIONAL FEES AND RATE SCHEDULES
BID SCHEDULE I - Continued
ITEM
DESCRIPTION
ESTIMATED
QUANTITIY
UNIT PRICE
TOTAL PRICE
35.
Endothall (EPA Method 548)
5
$40.00
..... ... . ....
$200.00
36.
Dioxin (EPA Method 1613)
. .... . . ....................
5
.
$220.00
$ 1,100.00
3�=.�DBIDBCP
(EPA Method 504)
5
$ 40.00_
$200.00
TOTAL AMOUNT OF BID SCHEDULE I
(ITEMS I — 37) $ $43,057.00
City of Arcadia, Public Works Services Department Page 3 Of 6
Special samples for NPDES regulations covering groundwater discharges:
ITEM
DESCRIPTION
ESTIMATED
QUANTITIY
UNIT PRICE
TOTAL PRICE
1. Total Settleable Solids
4
$ 9.00
$ 36.00
2. Total Suspended Solids
4
$ 9.00
$ 36.00
3. Total Dissolved Solids
4
_ $14.00
$ 56.00
4.
Turbidity
4
$ 4.00
$16.00
5.
BOD5 20 °C
4
$ 30.00
$120.00
6.
Oil and Grease
4
$ 45.00
$180.00
7.
Sulfate
_ 4
$ 5.00
$ 20.00
8.
Chloride
4
$ 5.00
$ 20.00
9.
NO3 + NO2 as N
4
$ 15.00
$ 60.00
10.
Acute Toxicity ""
4
$ 175.00
$ 700.00
11.
Pollutants of Concern
N/A
N/A
-
See Attachment A
12.
pH - --
-- ___- 4- - - - -
--
$ 4.00
$16.00
13.
Detergents as Methylene Blue
Active Substances (MBAS)
$ 19.00
NIA
14.
Sulfides
4 -
$ 10.00
$ 40.00
TOTAL AMOUNT OF BID SCHEDULE 11
(ITEMS 1 -14) $
$ 1,300.00
** Results of toxicity tests shall be included in the first monitoring report following sampling. By the method specified in
"Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms" - September, 1991,
(EPA/60014- 901027). Submission of bioassay results should include the information noted on pages 70 -73 of the
"methods ". The Fathead Minnow (Pimehales promelas) shall be used as the test species. If the results of the
toxicity yield a survival of less than 90 %, then the frequency of analysis shall be increased to monthly until at least
three (3) consecutive test results have been obtained and full compliance with Effluent Limitations has been
demonstrated.
City of Arcadia, Public Works Services Department Page 4 of 6
Exhibit "C" - Attachment
NPDES ATTACHMENT A
POLLUTANTS OF CONCERN
BID SCHEDULE 11 - ATTACHMENT A
ITEM
DESCRIPTION
ESTIMATED
QUANTITIY
UNIT PRICE
TOTAL PRICE
1.
- ----------
2�
Phenols
Phenolic Compounds
(Chlorinated)
4
- --------- ---
4
$50.00
-- ----------- - -- - ---- ................. . . ...
$180.00
$200.00
.......... ..... . ......... ..... . ........ ---
$720.00
3.
. .
Benzene EPA 524.2
. ... . ............
4
$45.00
$ 180.00
4.
Toluene EPA 524.2
4
Included in 524.2
5.
---
Ethylbenzene EPA 524.2
------- ........
4
Included in 524.2
6.
Xylene EPA 524.2
----- - - - - --
4
Included in 524.92
7.
Ethylene Dibromide EPA 504.1
4
$40.00
$ 160.00
8.
Carbon Tetrachloride EPA 524.2
v 4
Included in 524.2
9.
Tetrachloroethylene EPA 524.2
4
Included in 524.2
10.
11.
1,4-dichlorobenzene EPA 524.2
1,1-duchloroethane EPA 524.2
4
------------ - -
4
Included in 524.2
-------
Included in 524.2
------
12.
1,2-dichloroethane EPA 524.2
............. . . ...... .... ... ......................
4
.. ...
Included in 524.2
11
1, 1 -clichloroethylene EPA 524.2
4
Included in 524.2
14.
Vinyl Chloride EPA 524.2
4
-
Included in 524.2
------
15,
Cadmium
---- - -------
4
-
$8.00
$32.00
16.
Chromium (Total & Hexavalent)
4
$38.00.
$ 152.00
17.
Copper
4
$8.00
$32.00
18.
Lead
4
v $ 8.00
32.00
19,
Mercury
4
$10.00
$40.00
20.
Selenium
4
$8.00
$32.00
21,
Silver
.. . ........ ........ ......
4
$8.00
$32.00
22.
Total Petroleum Hydrocarbons
$45.00
$ 180.00
23.
Methyl Tertiary Butyl Ether
(MTBE) EPA 524.2
-4
4
Included in 524.2
TOTAL AMOUNT OF BID ATTACHMENT A
(ITEMS 1. - 23) $ $1,792.00
City of Arcadia, Public Works Services Department Page 5 of 6
Exhibit "C" - Attachment
TOTAL AMOUNT OF BID SCHEDULE I
(ITEMS 1— 37) $
TOTAL AMOUNT OF BID SCHEDULE II
(ITEMS 1 -14) $
TOTAL AMOUNT OF BID ATTACHMENT A
(ITEMS 1— 23) $
$ 43,057.00
$ 1,300.00
$ 1,792.00
TOTAL BID AMOUNT $ $ 46,149.00
Forty Six Thousand One Hundred Forty Nine Dollars and 001100.
(dollar amount in written form)
City of Arcadia, Public Works Services Department Page 6 of 6