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HomeMy WebLinkAboutItem 10d - Water Sample Testing Services STAFF REPORT PUBLIC WORKS SERVICES DEPARTMENT DATE: April 21, 2026 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: John Corona, Utilities Manager SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH EUROFINS DRINKING WATER AND WASTEWATER WEST, LLC FOR LABORATORY TESTING SERVICES OF CITY WATER SAMPLES IN AN AMOUNT NOT TO EXCEED $172,878.50 CEQA: Not a Project Recommendation: Approve SUMMARY As an urban water supplier, the City of Arcadia is required by the State Water Resources Control Board Division of Water Quality (“SWRCB”) to perform weekly, monthly, and quarterly water quality testing. All water samples must be analyzed and submitted to the SWRCB by a certified laboratory. The Public Works Services Department (“PWSD”) recently solicited a Request for Proposals (“RFP”) for laboratory testing services of City water samples. Based on the evaluated proposals, it is recommended that the City Council approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Eurofins Drinking Water and Wastewater West, LLC for laboratory testing services of City water samples, in an amount not to exceed $172,878.50, with the option of three one-year extensions. It is further recommended that the City Council delegate the authority to approve future extensions under this agreement to the City Manager, without having to return to the City Council for subsequent approval, provided that any changes to the financial terms stay within standard inflationary limits. Professional Services Agreement for Water Sample Testing Services April 21, 2026 Page 2 of 3 BACKGROUND The PWSD operates the City’s water distribution system and provides water service to more than 56,000 residents through approximately 15,000 connections. The State of California Domestic Water Quality and Monitoring Regulations require that water samples be collected and tested weekly, monthly, quarterly, and annually by a SWRCB certified laboratory (Chapter 15, Title 22, California Code of Regulations). Water quality testing includes bacteriological, volatile organic compounds, nitrate, and Perfluorooctane Sulfonic Acid (“PFAS”) sampling. The scope of services for laboratory testing of City water samples includes furnishing all labor, services, equipment, supplies, and all other items and facilities necessary to appropriately analyze water samples, as required by the SWRCB. DISCUSSION On March 2, 2026, a Notice Inviting Proposals was published in accordance with City Council Resolution No. 7483, and RFP packages were provided to certified laboratories that perform this work. Three proposals were received, and were reviewed, evaluated, and ranked based on experience, certification with SWRCB, quality of the proposal, and cost. The proposal rankings and associated costs are listed below: Firm Name Rank Score Cost Proposal Eurofins Drinking Water and Wastewater West, LLC 1 97% $172,878.50 BSK Associates 2 86% $218,355.00 Positive Lab Services 3 77% $422,296.00 After careful review and consideration, it was determined that Eurofins Drinking Water and Wastewater West, LLC, is most qualified to provide laboratory testing services for City water samples. Eurofins Drinking Water and Wastewater West, LLC has been in the water quality testing industry for 58 years and provides similar services for the City of San Diego, Los Angeles Department of Water and Power, and Santa Clarita Valley Water Agency. Eurofins Drinking Water and Wastewater West, LLC has also previously provided quality services to the City of Arcadia. Professional Services Agreement for Water Sample Testing Services April 21, 2026 Page 3 of 3 ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act (“CEQA”), and it can be seen with certainty that it will have no impact on the environment. FISCAL IMPACT Sufficient funds have been budgeted in the proposed Fiscal Year 2026-27 Water Operation and Maintenance Budget for these services. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and approve, authorize, and direct the City Manager to execute a Professional Services Agreement with Eurofins Drinking Water and Wastewater West, LLC for laboratory testing services of City water samples, in an amount not to exceed $172,878.50, with the option of three one-year extensions. It is further recommended that the City Council delegate the authority to approve future extensions under this agreement to the City Manager, without having to return to the City Council for subsequent approval, provided that any changes to the financial terms stay within standard inflationary limits. Attachment: Proposed Professional Services Agreement 1 Updated Feb. 2020 CITY OF ARCADIA PROFESSIONAL SERVICES AGREEMENT REGARDING LABORATORY ANALYSES SERVICES FOR CITY WATER SAMPLE TESTING This Agreement is made and entered into as of _________________, 2026 by and between the City of Arcadia, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 240 West Huntington Drive, Arcadia, California 91066 (“City”), and Eurofins Drinking Water and Wastewater West, LLC, a California Corporation, with its principal place of business at 941 Corporate Center Drive, Pomona, CA 91768 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. RECITALS A.City is a public agency of the State of California and is in need of professional services for the following project: Laboratory Analyses Services for City Water Sample Testing (hereinafter referred to as “the Project”). B.Consultant is duly licensed and has the necessary qualifications to provide such services. C.The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 2.Compensation. a.Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b.In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of One Hundred Seventy-Two Thousand, Eight Hundred Seventy-Eight Dollars, and Fifty Cents ($172,878.50). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an 2 Updated Feb. 2020 invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis. 3.Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 4.Maintenance of Records. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 5. Term. The term of this Agreement shall be for one year from the date of execution, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work. 6.Delays in Performance. a.Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b.Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 7.Compliance with Law. 3 Updated Feb. 2020 a.Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b.If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c.If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 8.Standard of Care Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 9.Assignment and Subconsultant Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 10.Independent Contractor Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 11.Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City 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 secured all insurance required under this section. a.Commercial General Liability 4 Updated Feb. 2020 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: (1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability Consultant shall procure and submit evidence of insurance for at least five (5) years from the time that all work under this Agreement is completed. (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Agreement (8) Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. 5 Updated Feb. 2020 b.Automobile Liability (i)At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii)Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii)The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (iv)Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. c.Workers’ Compensation/Employer’s Liability (i)Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii)To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. d.Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its 6 Updated Feb. 2020 profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e.Minimum Policy Limits Required (i)The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii)Defense costs shall be payable in addition to the limits. (iii)Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f.Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. 7 Updated Feb. 2020 g.Policy Provisions Required (i)Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. Consultant may provide blanket endorsements to meet the Additional Insured requirement in this written contract. However, all subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. (ii)The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii)The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv)All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v)The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. h.Qualifying Insurers 8 Updated Feb. 2020 (i)All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1)Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. i.Additional Insurance Provisions (i)The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (ii)If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii)The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv)Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. j.Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. All subcontractors’ endorsements shall specifically name the City, its elected officials, officers, employees, volunteers, boards, agents, and representatives as additional insureds and blanket endorsements are not acceptable. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 12.Indemnification. 9 Updated Feb. 2020 a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), 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 of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. b. To the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s obligations under the above indemnity shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, but shall not otherwise be reduced. If Consultant’s obligations to defend, indemnify, and/or hold harmless arise out of Consultant’s performance of “design professional services” (as that term is defined under Civil Code section 2782.8), then upon Consultant obtaining a final adjudication that liability under a claim is caused by the comparative active negligence or willful misconduct of the City, Consultant’s obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Consultant’s proportionate percentage of fault. 13. California Labor Code Requirements. a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 10 Updated Feb. 2020 b. If the services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor. 14. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same. 15. City Material Requirements. Consultant is hereby made aware of the City’s requirements regarding materials, as set forth in Request for Proposals, which are deemed to be a part of this Agreement. 16. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. 17 Termination or Abandonment 11 Updated Feb. 2020 a.City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b.Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 19.Organization Consultant shall assign Katie Beall, as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 20.Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 21.Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to: 12 Updated Feb. 2020 CITY: City of Arcadia 240 West Huntington Drive Arcadia, CA 91066 Attn: John Corona Utilities Superintendent CONSULTANT: Eurofins Drinking Water & Wastewater West, LLC 941 Corporate Center Drive Pomona, CA 91768 Attn: Camila Gadotti President and shall be effective upon receipt thereof. 22. Third Party Rights Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. 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. 24. Entire Agreement This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement. 25. Severability The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal. 26. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, 13 Updated Feb. 2020 Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 27.Non-Waiver None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing. 28.Time of Essence Time is of the essence for each and every provision of this Agreement. 29.City’s Right to Employ Other Consultants City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 30.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 director, official, 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 therefrom. [SIGNATURES ON FOLLOWING PAGE] 14 Updated Feb. 2020 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF ARCADIA AND EUROFINS DRINKING WATER AND WASTEWATER WEST, LLC IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF ARCADIA EUROFINS DRINKING WATER AND WASTEWATER WEST, LLC By: By: Dominic Lazzaretto City Manager Title: Printed Name: ATTEST: By: Title: By: City Clerk Printed Name: APPROVED AS TO FORM: CONCUR: By: ___________________________________ Michael J. Maurer Paul Cranmer City Attorney Public Works Services Director 15 Updated Feb. 2020 EXHIBIT “A” Scope of Services The Scope of Services for the Laboratory Analyses Services for City Water Sample Testing shall include, but are not limited to the following: •Furnish all labor, services, equipment, supplies and all other items and facilities necessary to appropriately analyze ground water samples taken within the City of Arcadia’s domestic water system for bacteriological, organics, inorganics, general physicals, general mineral, TTHM, Lead & Copper, Langlier, hardness, radioactivity as required by the State of California Domestic Water Quality and Monitoring regulations (Chapter 15, Title 22, California Code of Regulations), special samples are required by National Pollutant Discharge Elimination System (“NPDES”) regulations for discharge of water into the storm drainage system and other samples as deemed necessary by the Public Works Services Department. •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 certified Laboratory. •Invoices must be itemized showing sample location(s), date, names of sample tests taken, unit quantity, and subtotal costs. •A written report, completed entirely by the laboratory, is to 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 must 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. An emailed report, followed by an original report, is acceptable and is deemed to meet this requirement. •A Utilities Section emergency contact list will be provided to the laboratory for immediate notification of any positive bacteriological, volatile organic compounds (“VOC”), PFAS Maximum Contaminant Level (MCL) exceedance, or nitrate samples that exceed the (MCL). •The laboratory must provide pick-up service for all routine samples according to the City’s annual sampling schedule and must provide either weekend pick-up/testing service or weekend drop-off/testing service within the specified distance. o The pick-up point is the City’s Public Works Services Department located at 11800 Goldring Road, Arcadia, CA 91006. 16 Updated Feb. 2020 EXHIBIT “B” Schedule of Charges/Payments Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials contract. Compensation shall be based on time and materials spent in accordance with the tasks specified, not to exceed the total compensation listed: Professional Laboratory Analyses & Water Sample Testing Services -$172,878.50 Total Compensation: -$172,878.50 The total compensation shall not exceed the total listed without written authorization in accordance with Section 2 (b) of the agreement period. (see attached Attachment “A”) PROPOSAL PRICING FOR M Company: Eurofins Drinking Water and Wastewater West, LLC PROPOSAL PRICING FORM COMPLETION INSTRUCTIONS ATTACHMENT A RFP NO. PWS-03-2026 The proposal pricing forms are divided into three schedules that depict specific types of sampling services. The proposed pricing schedules list the items and estimated quantities necessary to complete the work. 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 CDPH and USEPA requirements. I.Routine Sampling EST. UNIT TOTAL DESCRIPTION QUANTITY PRICE PRICE Bacteriological 2250 $7.50 $16,875 Speciation 10 $150 $1,500 General Physicals 280 $15 $4,200 TTHM 15 $52 $780 Lead & Copper 30 $21 $630 General Mineral 16 $80 $1,280 Langelier 16 incl w/ GenMin incl w/ GenMin Hardness 16 incl w/ GenMin incl w/ GenMin TCE 350 $42 $14,700 PCE 350 incl w/TCE incl w/TCE 1, 1 DCE 70 $42 $2,940 1,2 DCA 70 incl w/ 1,1-DCE incl w/ 1,1-DCE City of Arcadia Public Works Services Request for Proposals -Laboratory Analyses Services for Testing Water Samples ATTACHMENT A PROPOSAL PRICING FORM lnorganics: Aluminum, Antimony, Arsenic, Barium, Beryllium, Cadmium, Chromium (total Cr), Fluoride, 20 Lead, Mercury, Nickel, Selenium, Silver, Thallium, Cyanide, Nitrate (NO3), Nitrate (expressed as Nitrogen), Perchlorate Nitrate (NOa) 450 Radon 20 Radioactivity: Gross Alpha, Gross Beta, Radium 226, Radium 228, Uranium 20 EST. DESCRIPTION QUANTITY Chlordane 20 (EPA Method 507 or approved equal) Diazinon, Bromocil Atrazine, Simazine (EPA 20 Method 507 or approved equal) 2, 4-D (EPA Method 515.1) 20 Carbaryl (EPA Method 531.1) 20 Glyphosate (EPA Method 547) 20 Diquat (EPA Method 549) 20 Diuron (EPA Method 632) 20 Complete voe (EPA Method 524.2) 30 Travel Bank MTBE 20 Perchlorate 20 Trimethylbenzene (1, 2, 4) 40 Trimethylbenzene (1, 3, 5) 40 Fluoride 40 City of Arcadia Public Works Services Request for Proposals -Laboratory Analyses Services for Testing Water Samples UNIT PRICE ATTACHMENT A RFP NO. PWS-03-2026 TOTAL PRICE ATTACHMENT A PROPOSAL PRICING FORM Asbestos 20 Chromium 6 20 Chlorinated Pesticides (EPA Method 508) 10 DEHP, DEHA, PAH, Triazine 10 (EPA Method 525) Endothall (EPA Method 548) 10 Dioxin (EPA Method 1613) 10 EDB/DBCP (EPA Method 504) 10 PFAS 225 HPC 225 Total Amount of Schedule I-Routine Sampling $ 168,482.50 $150 $25 $72 incl w/ 525 $75 $155 $42 $300 $8.50 ATTACHMENT A RFP NO. PWS-03-2026 $3,000 $500 $720 incl w/ 525 $750 $1,550 $420 $67,500 $1,912.50 Total Amount of Schedule 1 -Written Form: One hundred sixty-eight thousand, four hundred eighty-two dollars and fifty cents City of Arcadia Public Works Services Request for Proposals -Laboratory Analyses Services for Testing Water Samples ATTACHMENT A PROPOSAL PRICING FORM II.NPDES Sampling ATTACHMENT A RFP NO. PWS-03-2026 Special samples are for NPDES regulations covering gr oundwater discharges. These are not routine and are on an as-needed basis. EST. UNIT DESCRIPT ION QUANTITY TOTAL PRICE PRICE Total Se ttleable Solids 4 $10.50 $42 Total Suspended Solids 4 $10.50 $42 Total Dissolved Solids 4 $10.50 $42 Turbidity 4 $5 $20 BODs20°C 4 $45 $180 Oil and Grease 4 $60 $240 Sulfate 4 $10.50 $42 Chloride 4 $10.50 $42 NO3 + NO2 as N 4 $10.50 $42 Acute Toxicity** 4 $490 $1,960 pH 4 $5 $20 Detergents as Methylene Blue Active 4 $30 $120 Substances (MBAS) Sulfides 4 $15 $60 Total Amount of Schedule 11-NPDES Sampling $ 2,852 Total Amount of Schedule II -Written Format: Two thousand, eight hundred fifty-two dollars ** 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/600/4-90/027). 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 incr eased 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 Request for Proposals -Laboratory Analyses Services for Testing Water Samples ATTACHMENT A PROPOSAL PRICING FORM Ill. Special Sampling DESCRIPTION EST. QUANTITY Phenols 4 Phenolic Compounds (Chlorinated) 4 Benzene 4 Toluene 4 Ethylbenzene 4 Xylene 4 Ethylene Dibromide 4 Carbon Tetrachloride 4 Tetrachloroethylene 4 1,4-dichlorobenzene 4 1, 1-duchloroethane 4 1,2-dichloroethane 4 1, 1-dichloroethylene 4 Vinyl Chloride 4 Cadmium 4 Chromium (Total & Hexavalent) 4 Copper 4 Lead 4 Mercury 4 Selenium 4 Silver 4 Total Petroleum Hydrocarbons 4 Methyl Tertiary Butyl Ether (MTBE) 4 UNIT PRICE incl w/ 625 $135 $78 incl w/ 624 incl w/624 incl w/624 incl w/ 624 incl w/624 incl w/624 incl w/ 624 incl w/624 incl w/ 624 incl w/ 624 incl w/624 $10.50 $50 $10.50 $10.50 $10.50 $10.50 $10.50 $60 incl w/ 624 ATTACHMENT A RFP NO. PWS-03-2026 TOTAL PRICE incl w/ 625 $540 $312 incl w/ 624 incl w/ 624 incl w/ 624 incl w/ 624 incl w/624 incl w/ 624 incl w/ 624 incl w/ 624 incl w/ 624 incl w/624 incl w/624 $42 $200 $42 $42 $42 $42 $42 $240 incl w/ 624 Total Amount of Schedule Ill -Special Sampling $._1_,_54_4 _______ _ Total Amount of Schedule II I -Written Format One thousand, five hundred forty-four dollars City of Arcadia Public Works Services Request for Proposals -Laboratory Analyses Services for Testing Water Samples ATTACHMENT A PROPOSAL PRICING FORM ATTACHMENT A RFP NO. PWS-03-2026 GR AND PROPOSED TOTAL (All Schedules) TOTAL SCHEDULE AMOUNT I.Routine Sampling $168,482.50 II.NPDES Sampling $2,852 111.Special Sampling $1,544 Grand Proposed Pricing Total $ _1_7_2,_87_8_.5_o ________ _ Grand Proposed Pricing Total in Written Format: One hundred se venty-two thousa nd, eight hundred seventy-eight dollars and fifty cents END OF SECTION Camila tlotti, President Eurofins Drinking Water and Wastewater West, LLC City of Arcadia Public Works Services Request for Proposals -Laboratory Analyses Services for Testing Water Samples ATTACHMENT A 17 Updated Feb. 2020 EXHIBIT “C” Activity Schedule All work shall be completed in accordance with the following schedule: The Term of this Agreement shall be for one (1) year from the date of execution. All tasks under Exhibit “A” shall be adhered to and executed accordingly.