Loading...
HomeMy WebLinkAbout25E - AGMT - WATER QUALITY TESTINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 2, 2017 TITLE: APPROVED AMENDMENT TO WATER QUALITY TESTING ❑ As Recommended AGREEMENT WITH CLINICAL LABORATORIES ❑ As Amended OF SAN BERNARDINO ❑ Ordinance on 15' Reading El Ordinance on Reading [ NON - GENERAL FUND] ❑ Resolution Resolution (STRATEGIC PLAN NO. 5,610 & 6F) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CIT AN DER-- RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Clinical Laboratories of San Bernardino for domestic water quality testing services, increasing the contract amount by $20,000 for lead sampling for a total amount not to exceed $440,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. On January 18, 2017, the State Water Resources Control Board (SWRCB) Division of Drinking Water amended the City of Santa Ana Domestic Water Supply Permit (Public Water System No. 3010038). The amendment (Exhibit 1), in an order to protect public health, requires the City to test any Kindergarten through 12`h grade school, served drinking water by the City, for lead in their water supply upon request. The Lead and Copper Rule (LCR) requires the City to monitor drinking water at customers' taps. Schools that are served by community water systems are generally not included in the LCR testing. While the City takes active measures to remain below the Action Level (AL) for lead set by the US Environmental Protection Agency (EPA) Primary Drinking Water Standards (PDWS), and to ensure City water is non- corrosive, privately owned plumbing fixtures made with lead could still emit lead into the water of parcels they serve. To identify such instances in local schools, staff proposes expanding testing commensurate with new conditions of the City's amended permit. Clinical Laboratories of San Bernardino, the City's current contracted vendor for water testing services (A- 2014 -131, Exhibit 2; and A- 2014 - 131 -01, Exhibit 3), has offered to expand their testing to schools in response to the State's new testing mandate. Staff has identified 89 existing schools covered by the new mandate and estimated the cost of additional testing to be approximately $10,000 based on pricing from the current vendor (Exhibit 4) and the average number of tests anticipated for each school. The State will notify these schools of their eligibility and the procedure to request testing from the City. Staff is preparing a Request for Proposals (RFP) to create a viable testing plan and schedule for participating schools which will depend upon the timing of school requests, requirements of the permit amendment, and availability of staff to perform required sampling. Testing will likely begin during the current agreement extension (1 of 2, A- 2014 - 131 -01) but may be ongoing when it expires in June 2018. To ensure adequate funding and flexible timing for the necessary 25E -1 AMENDMENT TO WATER QUALITY TESTING AGREEMENT WITH CLINICAL LABORATORIES OF SAN BERNARDINO May 2, 2017 Page 2 work and expenditures, staff recommends Council approve this amendment (Exhibit 5) sufficient to accommodate the range of possible implementation periods and schedules. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (focus projects and programs on improving the health and wellness of all residents), Strategy D (partner with the California Endowment, Schools, charitable foundations and other non - profit organizations to implement health and wellness programing (including a healthy Santa Ana website) based on quantifiable and measurable data); and, Strategy F (incorporate health and wellness into all applicable policies and plans (e.g. General Plan, Comprehensive Economic Development Strategy, Capital Improvement Plan, etc.)). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds are available in the Water Quality & Measurement, Contract Services - Professional account (06017644- 62300). FYE Account Description Amount 17 !06017644 -62300 Professional Services $ 10,000 18 06017644 -62300 Professional Services $ 10,000 Total ;L� $20,000. 61� F Ga . Fred Mousavipour Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ,� p Executive Director Finance & Management Services Agency FM:NS Exhibits: 1. SWRCB Permit Amendment Letter dated January 18, 2017 2. Agreement with Clinical Laboratories of San Bernardino (A- 2014 -131) 3. First extension of agreement with Clinical Laboratories of San Bernardino (A -2014- 131-01) 4. Letter from Clinical Laboratories of San Bernardino dated January 23, 2017 5. First Amendment to Agreement A- 2014 -131 25E -2 cauwx +u Water Boards State Water Resources Control Board Iffimo, d tAfnktvl wato January 18, 2017 Mr. Nabil Saba Water Resources Manager City of Santa Ana, System No, 3010038 220 South Daisy Ave. Bldg A Santa Ana, CA 82703 ISSUANCE OF PERMIT AMENDMENT 2017PA SCHOOLS REQUIREMENTS FOR LEAD SAMPLING AT K -12 SCHOOLS Brvv w, d. pnww .V�. w ml:nn r,1A111M Yi (�I.Y6(inlf I} g11M �M IkT]1YlFAIN IRVILMI, The State Water Resource Control Board, Division of Drinking Water (Division) has issued a permit amendment to the City of Santa Ana water supply permit. The enclosed permit amendment establishes requirements for lead monitoring and lead sample result interpretation at Kindergarten to 12* grade (K -12) schools served by your water system that have submitted a written request for lead sampling related assistance. Full details of the new requirements for K -12 school lead sampling and lead sample result interpretation are included In the enclosed permit amendment. If your water system does not serve potable water to at least one K -12 school, this permit amendment does not apply to your water system. The Water System to whom a permit amendment is issued may fife a petition with the State Water Resources Control Board (State Water Board) for reconsideration of the decision to issue the permit amendment. Petitions must be received by the State Water Board within 30 calendar days of the Issuance of the permit amendment. The date of issuance is the earlier of the date when the permit amendment is mailed or served. If the 30th day fails on a Saturday, Sunday or state holiday, the petition Is due the following business day. Petitions must be received by 5 p,m. Information regarding filing petitions may be found at: htto: / /www.waterboards.ca.gov /drinking water /orogramstpetitionstindex shtml Please visit the Division's school lead htto:/l www.waterboards.ca.govldrinkinq waterlcerttic(drinkind for additional information Including frequently asked questions rll:an Ai.+ln:n. Cru;n 1 Tnavno W+Yarnnu. €xxurAV mascroa other important guidance. i tvsr W9odvk, 6W7• 0.6040 In, hbnfucq. CA 43W I p Mdutnx+i.el II Page wiffid at: City of Santa Ana - 2 - January 18, 2017 If you have any questions, please contact the Lead Sampling for Schools Specialist at (916) 439• 5577 or email your question to DDW- PLUCoMaterboards.ca.gov Sincerely, ct�' C' P4-. Oliver Pacifioo, RE, District Engineer Santa Ana District Enclosure: 2017PA„Schocls cc: Orange County Environmental Wealth (email) 21 Page -141 A -2014 -131 INSURANCC ON FILE WORK MAY PROCEED UNTIL INSLIRANCE EXPIRES CLERK OF GO COUNCIL (— DATE: AU LE sff FOR P Ov1SION OF WATER OjjALiTv TF J-INVx SERVICE THIS AGREEMENT, made and entered into this 3d day of June, 2014 by and between Clinical Laboratory of San Bernardino, [no., a California corporation (hereinafter "Consultant "), y and the City of Santa Ana, a charter city and municipal corporation organized and existing under ! t the Constitution and laws of the State of California (hereinafter "City "). 1 RE' ITAI,S A. The City desires to retain a consultant having special skill and knowledge in the field of domestic water quality testing. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected frotn a professional consulting firm in the field. NOW THEREFORE, in consideration of the inutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide domestic water quality testing in accordance with "Standard Methods ", Title 22 of the California Code of Regulations, entitled "California Domestic Water Quality and Monitoring Regulations ", and the Code of Federal Regulations, Such testing shall include bacteriological quality, general physical quality, general mineral, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total ttiahalornethanes. All work shall be performer) in accordance with City's Request for Proposals dated March 13, 2014, attached hereto as Exhibit A, and incorporated by reference. 2. DELIVERY OF WORI�PROIDUCT - OWNERSHIP Any and all records, papers, drawings, specifications, programs, systems and other materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to do so. 3. CONIPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B, and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $140,000.00 during the term of this Agrectnent. KTIZI- b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City, 4. TERM This Agreement shall commence on June 3, 2014 and terminate on June 2, 2016, unless terminated earlier in accordance with Section 13, below. The City may extend the term for two (2) additional two- year periods for a stun not to exceed $140,000.00 for each of said periods upon the exercise of an option executed by the City Manager and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended not shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. Is, Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c, Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. • d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (3 0) days prior written notice to the City. I. I£ Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8. CONFIDENTIALITY P£ Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information. of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: Public Works — Water Quality Coordinator City of Santa Ana 220 S. Daisy Avenue (M -85) Santa Ana, California 92703 facsimile (714) 647 -3345 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: Clinical Laboratory of San Bemadino 21881 Barton Road Grand Terrace, California 92313 Facsimile (909) 825 -7693 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. • 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. hi the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject of this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. Asa condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such cas e such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City`s use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opporhmity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and. delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. It. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA R. HUIZAR Cleric of the Council APPROVED AS TO FORM: Sonia Carvalho City AAorney City Attorney 9'f =Ta A CITY OF SANTA ANA DAVID CAVAZOS City Manager CLINICAL LABORATORY OF SAN BERNADINO BOB GLAUBIG Laboratory Director Tax ID# 95, 2504498' Agreement Exhibit A REQUEST FOR PROPOSALS (RFP) M WATER QUALITY SAMPLING & TESTING SERVICES RFP # 14.017 CITY OF SANTA ANA Santa Ana Public Works Department 20 Civic Center Plaza Santa Ana, CA 92701 Thomas Dix Water Quality Coordinator (714) 647.3316 Office (714) 647 -3345 Fax tdix Santa- ana.ora KEY RFP DATES: Issue Date: March 13 2014 Proposal Due Date: April 10, 2014 by 4:00 pm Projected Award Date: May 20, 2014 RFP #14 -017 — Water Quality Sampling & Testing Services 20 11 Agreement Exhibit A� NOTICE INVITING PROPOSALS NOTICES HEREBY GIVEN that proposals will be received from qualified firms to provide Water Quality Sampling & Testing Services. Responses to the Request for Proposals (RFP) will be accepted until Thursday April 10, 2014 by 4:00 p.m. If further information is required, contact Tom Dix at (714)647 -3316 or Idix0santa- ana.org All notifications, updates and addenda will be posted on the City's current bid management and publication system page atwww,planetbids.com/portal/portal.cfm?CompanvlD=20137, Proposers shall be responsible for monitoring the site to obtain information regarding this solicitatlon. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Department of Health Services approval in accordance with Section 4025 of the Health and Safety Code to operate as an Approved Water Laboratory prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Tom Dix Public Works Agency 4thFloor, Ross Annex 20 Civic Center Plaza Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Tom Dix at tdixPsanta-ana.org. The receiving time In the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92701 Fourth Floor, Ross Annex, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE. DO NOT E -MAIL RFP RESPONSES. DO NOT FAX RFP RESPONSES. RFP #14.017 —Water Quality Sampling & Testing Services Page 2 4.y Agreement Exhibit A 1 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR WATER SAMPLING & TESTING SERVICES (RFP14.017) TABLE OF CONTENTS PAGE I. INTRODUCTION 4 IL PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. SCOPE OF SERVICES 4 VI. GENERAL INFORMATION 5 VII. PROPOSER RESPONSIBILITIES 5 VIII. LICENSE REQUIREMENTS 5 IX. INITIATION /KICK OFF MEETING 5 X. CITY BUSINESS LICENSE 6 XL ADDENDA 6 XII. RULES FOR PROPOSALS 6 XIII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS 6 XIV. SUBMITTAL INFORMATION AND DEADLINE 6 XV. SUBMITTAL REQUIREMENTS 6 XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 8 XVIL PUBLIC RECORDS 8 XVIII. PROTESTS 8 XIX. INSURANCE REQUIREMENTS 9 EXHIBIT A —SCOPE OF SERVICES 10 EXHIBIT B— SAMPLE AGREEMENT 14 EXHIBIT C — PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING 21 EXHIBIT D — OFFERERS REFERENCES 23 EXHIBIT E— PROPOSERS STATEMENT 24 EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 25 EXHIBIT G— NONCOLLUSION AFFIDAVIT 27 EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT 28 EXHIBIT I — CITY'S EMERGENCY NOTIFICAITON PLAN 29 EXHIBIT J — SAMPLE SITE TAP LOCATION INFORMATION 32 RFP #14 -017 —Water Quality Sampling & Testing Services Page 3 230ji 3 CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR WATER SAMPLING & TESTING SERVICES (RFP14 -017) INTRODUCTION The City of Santa Ana is issuing this Request for Proposals (RFP) for Water Sampling & Testing Services.The City operates a grade D5 domestic water distribution system with over 45,000 services, 450 miles of water main and a population of nearly 330,000 residents. The City of Santa Ana requests the services of an analytical laboratory to provide timely, high - quality analytical analysis of the City's domestic water system. Analysis shall be in accordance with "Standard Methods ", Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations ", and Code of Federal Regulations, and shall consist of bacteriological quality, general physical quality, general mineral, lead & copper, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total trihalomethanes. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two years. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required insurance documents. The projectedcontraot award date is May 20, 2014 and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreementmay include provision for renewals as set forth in the Scope of Services, attached as Exhibit A. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Water Quality Sampling & Testing Servicesas set forth inEXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractorshall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. RFP #14 -017 — Water Quality Sampling & Testing Services Page 4 2 "PIT4 Agreement ExhibitA The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes, Including but not limited to Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations ". VI. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds (when required as specified in Exhibit A). When determined appropriate, the City will provide information In Its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specificallyreferred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at a preproposal conference, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act, F. The City reserves the right to reject, replace and approve any and all subcontractors.All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VII, PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the requiredservice operations and contractual matters, including payment of any and all charges resulting from the Agreement. VIII. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. IX. INITIATIONXICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. RFP #14 -017 — Water Quality Sampling & Testing Services Page 5 A5�1 5 Agreement Exhlblt A I X. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XI. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office, Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. XII. RULES FOR PROPOSALS The signer of the RFP must declare In writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibits D - G). XIII, E -MAIL COMMUNICATIONSANDINTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's bid management and publication system page at www.iplanetbids.com /portal /portal.cfm ?ComnanylD =20137. No oral Interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e -mail to the projects managerno fewer than five (5)business daysprior to the date and time set for opening of proposals. Significant interpretations or clarification will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XIV. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, atthe date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XV. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Five (5) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) cop of the submittal on a compact disc, USB flash drive or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. RFP #14 -017 —Water Quality Sampling & Testing Services Page 6 2SETITud Agreement Exhibit A Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualificationsmust be limited to a MAXIMUM of 20 PAGES (excluding front and back covers, section dividers and Exhibits E through G). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: 1. Cover Letter— A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. 2. Firm and Personnel Experience: A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. 3. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project. 4. Laboratory Approval: Current approval from the California Department of Health Services in accordance with Section 4025 of the Health and Safety Code to operate as an "Approved Water Laboratory" must be submitted with the proposal. Copies of ELAP certification for all proposed tests shall be provided. B. EXHIBIT C -- PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING A separate sealedfee envelope including proposer's cost proposal shall be submitted concurrently but under separate cover with the technical proposal. Costs shall be shown as listed under Exhibit C. No fee envelopes shall be opened by City until the final ranking of proposals has been completed. C. EXHIBIT D — REFERENCES —The Proposer shall submit a list of agencies, past and present, for whom you have provided work similar to that identified in this RFP (Exhibit A) for the last 5 years. D. EXHIBIT E - PROPOSERS STATEMENT EXHIBIT F — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR EXHIBIT G — NONCOLLUSION AFFIDAVIT G. EXHIBIT H — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIALGENERAL LIABILITY POLICY H. The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be Included as a separate element of the proposal entitled "Exceptions and Deviations." The Eexecutive Director, in his sole and absolute discretion, may authorize or deny any exceptions. RFP #f14.017 — Water Quality Sampling & Testing Services Page 7 71 Agreement Exhibi# A The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XVI. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: 1. Firm Experience (35 %) 2. Personnel Experience (35 %) 3. Implementation Plan (30 %) The proposals will be reviewed by a committee of City staff members. The committee will evaluate proposers based on the response to the RFPand the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee mayinterview the top tier of proposers and recommend award of the contract to the proposer who will providethe best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for additional terms. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. The committee will rank the proposers and select the top three (or top tier based on the natural score break). The committee will open the fee envelopes after selection of top tier. The Council recommendation will be based on the evaluation score and proposed fees of the top tier. XVIL PUBLIC RECORDS Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. XVIII, PROTESTS Any protest must be submitted in writing to Executive Director of Public Works, City of Santa Ana, 20 Civic Center Plaza M -21, Santa Ana, CA 92701. Protests must be received by the City by 5:00 p.m, of the 5th business day following posting of the Request for Proposal or the results or Notice of Intent to Award Contract, on the City's website. Hand delivered protests must be provided to the receptionist in the City Hall Annex /Public Works Counter on the first floor of the City Hall Annex. a. The initial protest document shall contain a complete statement of the basis for the protest. b. The protest shall refer to the specific portion of the RFP or winning proposal, which forms the basis for the protest. c. The protest shall include the name, address and telephone number of the person representing the protesting party. d. The party filing the protest shall concurrently transmit a copy of the Initial protest document and any attached documentation to all other parties with a direct financial interest, which may be adversely affected by the outcome of the protest. Such parties shall include all other proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. RFP #14.017 -- Water Quality Sampling & Testing Services Pa{ge�8 299— g ITO Agreement Exhibit A Should a written protest be filed in a timely fashion, a protest hearing shall be held before the Executive Director of Public Works or designee within 10 business days following the City's receipt of protest, or as soon thereafter as may be scheduled. All interested parties may appear and offer testimony at this protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the party submitting the protest to demonstrate that the staff's determination of the best value proposal is arbitrary and capricious, or unsupported by substantial evidence in the record. All proposer are advised that if you challenge the City's award of contract in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Executive Director of Public Works at, or prior to, the public hearing. The Executive Director of Public Works or designee will Issue a written decision. If the Executive Director of Public Works or designee determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards. The procedure and time limits set forth In this paragraph are mandatory and are the proposer's sole and exclusive remedy in the event of protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. XIX. INSURANCE REQUIREMENTS As a condition of, and throughout the term of the contract, the vendor shall have and maintain the insurance described below. A certificate of insurance, naming the City of Santa Ana as an additional insured, shall be provided to the Buyer before award: Certificate of Insurance (Acord's 25 -S form no.) to include: • General Liability -- $1,000,000 each occurrence • Worker's Compensation — Within the limits required by the State of California • Automotive Insurance -- $1,000,000 combined single limit A notation in the Cancellation clause (in the bottom right hand corner) of the Certificate must be made that the City will be mailed 30 days written notice of .policy cancellation and the references removed or X'd through. If the vendor allows their coverage to expire or their insurance is canceled at any time during the contract, the vendor shall provide the Buyer with an updated, valid insurance certification. No additional work shall be performed and no payments will be made until adequate proof of insurance is provided. RFP #1A -017 — Water Quallty Sampling & Testing Services Page 9 2005—M-19 Agreement Exhibit A EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES SCOPE OF SERVICES DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Water Quality Sampling & Testing Services.The City of Santa Ana requests the services of an analytical laboratory to provide timely, high - quality analytical analysis of the City's domestic water system. Analysis shall be in accordance with "Standard Methods ", Title 22 of the California Code of Regulations entitled "California Domestic Water Quality and Monitoring Regulations ", and Code of Federal Regulations, and shall consist of bacteriological quality, general physical quality, general mineral, lead & copper, nitrate /nitrite, inorganics, fluoride, haloacetic acids and total trihalomethanes. The City has 50 designated sample sites. All routine water samples will be drawn from these sites. In addition the City has 10 designated sample sites for Fluoride analysis. Non - routine water samples will be collected by the City in specially prepared bottles provided by the consultant to be collected and tested by the consultant. A. IMPLEMENTATION City staff shall have the right to modify, reduce, or delete the services as needed by City. 2. BACTERIOLOGICAL QUALITY (1) Routine: Samples shall be collected by the Consultant, in appropriate sterilized bottles to which a chlorine reducing agent has been properly added, on a weekly basis at 50 designated sample points. Total coliform analyses are to be conducted using either the multiple tube fermentation method analyzing a minimum of 100 -m1 of water either with using 5- tube 20 -m1 portions or 10 -tube 10 -ml portions, the membrane filter technique, the presence /absence (P -A) coliform test, or the minimal medium (Coliform) test. Reporting of positive samples shall be based on the presence or absence of coliforms in each sample rather than an estimation of coliform density. Upon detecting that either a routine or repeat sample is either total coliform or fecal coliform positive, or a sample is invalidated due to interference problems, the Consultant shall notify the City within twenty-four hours. To complete the notification, consultant must contact a live individual. Voice mail and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City Is the Water Services Quality Inspector at (714) 647- 3341 or the Water Services Quality Coordinator at (714) 647 -3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647 -3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend or holiday, the Water Services Quality Inspector should be contacted at (714) 371 -6779. In addition, a copy of the City's Emergency Notification Plan (Exhibit 1) is attached. RFP #14 -017 —Water Quality Sampling & Testing Services �lPaagee 10 29E-16 Agreement Exhibitt A� In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558 -4410. Upon detecting that a routine or repeat sample is total coliform positive, the Consultant shall perform a fecal coliform test. The Consultant shall, within twenty -four hours after notifying the City that a single routine sample Is total coliform positive, collect three repeat samples. One shall be from the same total coliform positive sample point. The other two locations shall be determined by the City, one to be located within five service connections upstream and the other within five service connections downstream of the total coliform positive sample point. If total coliforms are detected in any repeat sample, the Consultant must within twenty -four hours, after notifying the City that a repeat sample is total coliform positive sample, collect another set of repeal samples from the same locations. (ii) Water Mains or System Repairs:Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent had been properly added, Sampling may consist of two samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The Consultant shall notify the City of the results by fax within four hours of the completion of the test. (iii) Weils;Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling shall consist of twenty samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. (iv) Customer Complaint Samples shall be collected by the City in appropriate sterilized bottles provided by the Consultant to which a chlorine reducing agent has been properly added. Sampling may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 3. HETEROTROPHIC PLATE COUNT Routine samples shall be collected by the Consultant in appropriate sterilized bottles to which a chlorine reducing agent has been added on a weekly basis at the same time and at the same 50 designated sample points. Consultant shall use the necessary dilutions to report the results at concentrations up to 500 colony forming units per milliliter. 4. TOTAL CHLORINE RESIDUAL Routinesamples shall be field analyzed by the Consultant on a weekly basis at the same time and at the same 50 designated sample points. DPD me #hod of analysis and the reading shall be made by the means of a colorimeter. Color disc is not acceptable. Results must be reported to 0.1mg /l. Colorimeter must be calibrated per the manufacturer's requirements. Documents showing the calibration shall be provided upon request. RFP #14 -017 —Water Quality Sampling & Testing Services Page 11 "Olm-US2 1 Agreement Exhibit A GENERAL PHYSICAL QUALITY (1) Routine: the Consultant shall collect Samples in appropriate sample bottles on a monthly basis at the 50 designated sample points. The analysis shall consist of turbidity, odor, color, field pH, and temperature. (ii) Customer Complaint, samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of four samples per month and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. The analysis shall consist of turbidity, odor, and color. 6. GENERAL MINERAL Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis (as needed) and shall be picked up the Consultant at the City Corporate Yard Meter Shop within twenty - four hours of notification. 7. INORGANICS Samples shall be collected by the City in specially prepared sample bottles provided by the Consultant and may consist of twenty samples on a yearly basis (as needed) and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twenty -four hours of notification. 8. TRIHALOMETHANES The City shall collect samples in specially designed sample vials containing a chlorine reducing agent and sealed with TFE -faced septa and screw caps. It shall consist of twelve samples on aguarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 9. HALOACETIC ACIDS The City shall collect samples in specially designed sample vials containing crystalline Ni which converts free chlorine to a combined chlorine residual and sealed with TFE -Faced septa and screw caps. It shall consist of twelve samples on a quarterly basis beginning in February and shall be picked up by the Consultant at the City Corporate Yard Meter Shop within twelve hours of notification. 10. NITRATE /NITRITE Samples shall be collected by the City in specially prepared sample bottles and shall consist of six nitrate samples on a monthly basis and an additional six samples on a quarterly basis. Nitrite samples shall consist of nine samples on a semi- annual basis, The Consultant shall pick up samples at the City Corporate Yard Meter Shop within twelve hours of notification. Upon detecting nitrate level above the MCL of 45 mg /I as NCs is exceeded, the Consultant shall notify the City within twenty -four hours. To complete the notification consultant must contact a live individual. Voice mall and faxed notifications will only be a secondary means of notification. The appropriate contact person for the City is the RFP #14017 —Water Quality Sampling & Testing Services Page 12 Agreement Exhibit A Water Services Quality Inspector at (714) 647 -3341 or the Water Services Quality Coordinator at (714) 647 -3316. When voice mail is used to leave a message, the Consultant shall contact the City's Dispatch Office at (714) 647 -3380 between the hours of 7:00 a.m. and 3:30 p.m. If notification is required during a weekend of holiday, the Water Services Quality Inspector may be contacted at (714) 371 -6779. In addition, a copy of the City's Emergency Notification Plan (Attachment A) is attached. In the event that the Consultant is unable to contact the City within 24 hours, the Consultant shall notify the Department of Public Health, Drinking Water Field Operations Branch, Santa Ana District, at (714) 558 -4410. 11. FLUORIDE Samples shall be collected by the Consultant, in appropriate sterilized bottles on a monthly basis at 10 designated sample points. B. REPORTS (1) Name of the laboratory and either the person responsible for performing the analysis or the laboratory director. (ii) Date of report. (iii) The analytical method used. (iv) The name, date, and time of sampling and identification of the person who collected the sample. (v) Identification of the sample as a routino, repeat, replacement, or "other" sample when appropriate Chain of Custody: The Consultant shall provide to the City chain of custody forms for each sample collected by the City when the Consultant provides the necessary sample container. RFP #14 -017 —Water Quality Sampling & Testing Services Page 13 25E923 Agreement Exhibit B �Ctlinical Laboratoly ofm ernardinop Inc City of Santa Ana 220 S Daisy Ave, Building A Santa Ana, CA 92703 Mt. Thomas Dix, For additional related services not listed in the fee schedWe, Exhibit C, those services will be Performed and compensated at an hourly rate of $50.00. Thank you, Robin Glenney Project Manager /Bid Manager Clinical Laboratory of Sari Bernardino, Inc, Post Office Box 329 San Bernardino, Ot 92402 f909)82.%h93 Fnx (909)825.7696 BL,,tP NtanGer IO88 Agreement Exhibit B EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR WATER QUALITY SAMPLING & TESTING SERVICES PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand andagree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may Impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price • Pricing shall be basedon a(hourly cost, time and materials basis - see narrative) for services described In Exhibit A. f=ee must be Inclusive of all costs, Including but not limited to, direct and Indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing, Proposer shall attach a separate hourly rate schedule with hourly rates for staff time per lob ,plassffjaatfon. if the City requires additional related services not listed in the fee schedule below, those services will be performed and compensated at time and materials costs as shown on the proposer's hourly rate schedule submitted. Quantities listed below are annual estimates, the City reserves the right to increase or decrease quantities as necessary, LINE'' DESCRIP f10N QUANTITY UNIT UNIT PRICE EXTENDED TOTi {�h PRICE Routine Weekly Samples collected and 1 tested by Consultant for Bacteriological 2,600 Each $12.50 $32,500.00 Quality, Heterotrophic Plate Count and Chlorine Residuale Routine Monthly Samples collected and 2 tested by consultant for General 600 Each $6,00 $3,600.00 Ph sisal Quality 3 Routine Monthly Samples collected and 1 ?0 Each $8.00 $960.00 tested by consultant for Fluoride Routine Quarterly Samples collected by 4 City and tested by Consultant for 48 Each $6 oo $2,880.00 Haloacetic Acids Routine Quarterly Samples collected by 5 City and tested by Consultant for 48 Each $30.00 $1,440.00 Trihalomethanes Routine Monthly & Quarterly Samples 6 collected by City and tested by Consultant 96 Each $16.00 $2,496.00 for Nitrates/Nitrftes Non - Routine samples collected by City and tested by Consultant for 7 Bacteriological Quality, Heterotrophic 100 Each $9.00 $900.00 Plate Count and Chlorine Residuals As- Needed Non- Routine samples collected by City 8 and tested by Consultant for General t 00 Each $4.00 $400.00 Physical Quality As- Needed RFP #14 -01 % — Water COuality Sampling & Testing Services Page 21 2391-'25 Agreement Exhibit B Clinical Laboratory of San Bernardino, Inc. Phone (909) 825.7693 Fax (909) 625 -7696 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 21881 Barton Road, Grand Terrace, CA 92313 BUSINESS ADDRESS Melinda Furnas Owner PRINTED NAME OF AUTHORIZED AGENT a TITLE 8th, 2014 fur a8@Clinloal- lab.com zo 95- 2504488 1088 FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDA "PION PROGRAM CERTIFICATE NUMBER (FLAP #) THIS FORM MUST BE COMPI.ETt D ANb INCLUDEb WITH THE PROPOSAL. C� PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL SE CONSIDERED NONRESPONSIVE.� RFP #14.017 —Water Quality Sampling & Testing Services Page 22 L 1226 Non - Routine samples collected by City 9 and tested by Consultant for General 60 Each $75.00 $3,750.00 Minerals As -Needed Non- Routine samples collected by City 10 and tested by Consultant for Inorganics 100 Each $100.00 $10,000.00 As- Needed Total $58,926.00 Clinical Laboratory of San Bernardino, Inc. Phone (909) 825.7693 Fax (909) 625 -7696 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 21881 Barton Road, Grand Terrace, CA 92313 BUSINESS ADDRESS Melinda Furnas Owner PRINTED NAME OF AUTHORIZED AGENT a TITLE 8th, 2014 fur a8@Clinloal- lab.com zo 95- 2504488 1088 FEDERAL ID NUMBER (IF APPLICABLE) ENVIRONMENTAL LABORATORY ACCREDIDA "PION PROGRAM CERTIFICATE NUMBER (FLAP #) THIS FORM MUST BE COMPI.ETt D ANb INCLUDEb WITH THE PROPOSAL. C� PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL SE CONSIDERED NONRESPONSIVE.� RFP #14.017 —Water Quality Sampling & Testing Services Page 22 L 1226 ACC>R'R"r CERTIFICATE OF DATE(MMIOOIYVYY) LIABILITY INSURANCE 01/31/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE OCES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pohcy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may requlre an endorsement. A statement on this cerilHpals does not confer rights to the certificate holder In Ilau of sueh endorsement(s). PRODUCER 1.909- 243 -8200 CO NAME: Nays of California Ii1KUrantle services - pntaric P�pH�OyE §M) „909243 -8200 INC.N.1 908.24,3 8201 Empire ra IV 3800 E.MbfLn ..3091!ESa —_. '— -” pane nooU Curd, Suite 3400 Ontario, CA 91764 Pri0E1pGER GU6T4MLR 12N :- _....._._ .................... ........... ... ... _... _.__. Kelly Petersen - _ _ _ INSURER L6I APFOROING OOVERAGE, MAICB INSURED INSURERA: IRANSPORTATZON INS CO 20944 Clinical Laboratories OE San Bernardino, Inc. INSURERA: HARTFORD GTR& IN CO '19682 P.O. Box 329 _ INSURERC CONTXNENTAL CAS CO _ .20441 San Bernardino, CA 92402 INS"Reer- ?L.... -" x ,I I' HIREDAU Q$ �..��� INSURER E1.: y �ry NONANINEO ADTOe INSURER K THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY RERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 9UBJEC'r TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN9Rr _..._ .... SUek ... ... ... .. ...�..__� ......,. L TYPI OP INSURANCE POLICY S%'F ' POLICYNI ER _.- ..,._., ... -P 41OY A %P " "' "......... " "' nM LIMITS A OF,NERAL LIABILITY IC 4034939429 !i 02/01/1 _ -.._. 02 /DS /l8I EALH dI CIIRRENGG '41,000,000 I X COMMERCIAL GENERAL LIABILITY "OAMaoETORENTeb •.._.. .... .'.....'. .pgrhll$.GA lEg "Renu,J'GV $ 104 00p _EJ CLAJM6 MADE X!bCCUR MED EXP IAT, One perepn) 610, 0D0 — _— PERapNAL a NOY INJURY -5 I. D00,000 _ IGENERAL AGGIaEOFlTE g2 000,000 ...... _.. _ GThN'L At"iGRHGATE LIMIT AP .. - PLIES PER: I ' PPOQUOT @•CQNIPlOP AOG I 000 ` PaLICY PRO. TOT LOC - -x000 ...... .. B A AUTOMOBILE LIABILITY 'C 40349393 02 0 A 41 i5; CQMHINEO BINDLE LIMITS 1r O0tl, pOq i. (Ea SupMNn1). ?�... ANY AUTO • ["a !I SWAY INJURY R'iV ALL OWNED AUTOS I : IPar parson) b - — - - BODILY SCHILOLLEDAUTO5 INJURY IFler aor tlent) & x ,I I' HIREDAU Q$ �..��� (PRgPCRTY pAMAOC S , PtlY wU9un0 y �ry NONANINEO ADTOe IE A 'X - UMBflELLAL1Aa OCCUR :CUP4034939 02/01/14 02/01/15 EACH OCCURRENCE $ 5,000,000 •.... .. ". EXCESS LIAR CLAIhtA•MACEI ��....____. ...... ... ._.� -. GGREGAD 55 000,000 _. A .,....... ._.... .... . .. "_I OEtlUCTIULk .. '; X I RETENTROB 0 5 H a OONIPEI A 41 02 /Og�yq WEC BR0213 _ � f,brATU" OTi AND EMPLOYERS'LI ABILIT V —f11, TORY.4IMB'.9.1 ER ... ANY PROPEMBE Ir4•. I G,L EACH ACCIDENT $1.,000,000 SNOLUDED[cuTlVe OFFnO@PoMEM5ER F_NOLUOEC? iNIAI (MandalarY In Nhq - -.__- - 1 .. 6 1,000,000 yy ' IpESCRIPPION OF OPERATIONS below BL, O SEASE. POLICY LIMITED' $ 1, 000, 000 C Bro ads ono y -' IEEH27 61790 laimp iqa a 02 15 3, , Be 1 , DESCRIPTION OF OPSATIONal LDOATIDN9I VEHICLEA AIInaN ADDRD IUl, A0.tliliannt Ramarke Schbdu ,I mare epeae lx rngldrl ('� ' Certificate Nolder is named as additional insured an respects General Liability gar form Q -17957 -099 ati:ached. 10 day Danoellation for non payment of premium. City of Santa A.G. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Dept e£ Pub11e works THE WITH THE POLICY PROVINiONS, 220 S, Betsey Avenue AUTHORIZED REPRE"N'I'ATIVB Santa Ana, CA 92703 USA ACampos d 1988.2009 ACORD CORPORATION. All rights roaerved, ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Clinical Laboratories of San Bernardino, Inc. Policy #04034939429 G- 17957 -099 (Ed. 10/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH CA, OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY " OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS- COMPLETED OPERATIONS HAZARD. " SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This ondomement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Q0`r Name of Person or Crganfzationr City of Sane Ana M, (Coverage under Phis endorsement is not affected by an entry or lank of entry In the Sohodule above,) A. WHO IS AN INSURED (Section III is amended to Include ss an insured any person or organization, including an parson or organization shown In the sohadule above, (called additional Insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be; 1, Currently in affect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "properly damago," or "personal and advertising Injury." B. The Insurance provided to the additional insured is _ limited as follows: Z=4 1. That person or organization is an additional MISS Insured solely for liability duo to your negligence and specifically resulting from "your work" for the additional Insured which Is the subject of the m written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional Insured are those specified In the written contract or written agreement or In the 0.17957 -G99 (Ed. 10 /01) l e� Declarations of this policy, whichever is less. These Limits of insurance are Inclusive of, and not In addition to, the Limns of Insurance shown In the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f, of the definillon of "Insured contract" under DEFINITIONS (Section V) do not apply to "bodily Injury" or "property damage" arising out of the "produots- comploted operations hazard" unless rsqulred by the written contract or written agreement. When coverage does apply to "bodily Injury" or "property damage" arising out of the "products - completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or b. 5 years from the completion of "your walk" on the project which is the subject of the written contractor written agreement, whichever is less, 4, The Insurance provided to the additional Insured does not apply to "bodily Injury," "property Page 1 of 2 G- 17967 -G99 (Ed, 10101) damage," or "personal and advertising injury" 4. Other Insurance arising out of an archltsoi's, anglneer's, or b„ Excess Insurance surveyor's rendering of or failure to render any professional services Including: This Insurance Is excess over any other a. The preparing, approving, or telling to prepare Insurance naming the additional Insured or approve maps, shop drawings, opinions, as or Insured whether primary, excess, reports, surveys, field orders, change orders contingent or on any other basis unless a or drawings and specifications; and written contract or written agreement specifically requires that this Insurance be b. Supervisory, or Inspection activities performed either primary or primary and to the insured's as part of any related architectural or noncontributing additional engineering activities, own coverage. This Insurance is excess C. As respects the coverage provided under this ever any other Insurance to which the 'additional Insured has been added as an endorsement, SECTION IV — COMMERCIAL additional Insured by endorsement. GENERAL LIABILITY CONDITIONS are amended as follows: When this Insurance Is excess, we will 1. The fallowing Is added to the Duties In The Event have no duty under Coverages A or B to defend the additional Insured against any of Occurrence, Offense, Claim or Suit Condition: "suit' If any other Insurer has a duty to 9. An additional Insured under this endorsement defend the additional Insured against that will as soon as practicable: "suit." if no other Insurer defends, we will undertake to do so, but we will be onithed (!) Give written notice of an occurrence or an the additional d's fights against Offense to us which may result in a claim Y al otheIn urers. all those ether insurers. or "auit" under this insurance; (2) Tender the defense and Indemnity of any Insurancie, Insurance will Is excess over other pay only our share of claim or "suit" to us for a lose we cover the amount of the Toss, if any, that under this Coverage Part; exceeds the sum of: (d) Tender the defense and indemnity of any (1) The total amount that all such other claim or "suit" to any other Insurer which insurance would pay for the loss in also has insurance for a loss we cover the absence of this insurance; and under this Coverage Part; and (2) dUnder iall (4) Agree to make available any other insured amounts that other Insurance which the additional Insured Insurance, has for a lass we cover under this Coverage Part. We will share the remaining loss, it any, f. We have no duty to defend or Indemnify an with any other Insurance that Is not described in this Excess Insurance additional insured under this endorsement provision and was not bought specifically until we receive written noftoe of a claim or to apply In excess of the Limits of °suit"" from the additional insured. Insurance shown In the Declarations of 2. Paragraph 4.b. of the Other Insurance Condition is this Coverage Part, deleted and replaced with the following: G- 17967 -G99 Pago 2 of 2 (Ed, 10/01) 1 w 9 1'D Ac R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDMYW) 3/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pohcy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Cryystal & Company #OKI9767 CI BC Insurance Services LLC CANT." Pabla_Barros PHONE 310 -981 -0920 Fnx '- Ewu -_-°— 601 S. Figueroa Street, Suite 4460 E-MAIL pabla barros c stalco.com ADOSesa.___.._:_..__ ry -- - - -- INSURERMI AFFORDING COVERAGE NAI'C p LOs Angeles CA 90017 INSURER ATTrans ortation Insurance Come.,., ...... 20494 ....... EgCH OCCURRENCE INSURED CLINLA INSURER a:Hartford Underwriters Insurance Com 30144 - INSURER C:Continental Casualty Company 20443 Clinical Laboratory of San Bernardino, Inc- INSURER 0: P.0 BOX 329 San Bernardino CA 92402 PREMISE E =Lrne.ral $100,000 INSURER E $10,000 INSURER P V0:011,11E�RCIIALIIENERAL COVERAGES CERTIFICATE N' MBER' 1561096687 REVISION N BER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM. OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, - �...- �.._.,......_.._ -.__. �.._... INSR LTR _�._,�...__�— ____._.. TYPE OF INSURANCE A4S INSD WVD —_` —_ POLICY NVMaER POLICY EFF mmfoo /YY POLICY EXP M11M10D LIMITS A LIABILITY 50882081$8 2/'11201$ 2!7/20'17 EgCH OCCURRENCE $1CL IM OCCUR PREMISE E =Lrne.ral $100,000 MELD EXP(Any one person) $10,000 V0:011,11E�RCIIALIIENERAL PERSONAL &AOV INJURY $1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $2,000,000 PRODUCTS - COMPIOP AGE $2,000,000 X POLICY PRO D LOC $ OTHER: A AUTOMOBILE LIABILITY 508$208224 21112016 211/2017 COMBINED 6 LIMIT $1,000,000 BODILY INIU Par person) $ X ANYAUTO BODILY INdl1RV (Per acddenl} 3 X ALL OWNED SCLIEOULED AUTOS AUTOS A N-OWNED X HIREDAUTDS AUTOS PROPERTY -DA�I WGEv- - - - Per accident)__ „ - „_ _ -_^ $ $ -- A X UMBRELLA LIAR X OCCUR 5088208269 2)112016 2/112017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS-MADE DED I 'X I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETONPARTNEWEXECUTIVE YYtN IOVOEOAN1623 21112016 214/2017 X I PER OTH STATUT_ ” ""' ' E.L EACH ACCIDENT $1,000,000 E.L, DISEASE- EA EMPLOYE- $1,000,000 OFFICENMEMBER EXCLUDED? (Mandatary N NHI E.L DISEASE - POLICY LIMIT 1 $1,000,000 IF yes, despdbe under DESCRIPUONOF OPERATIONSbelaw 0 Environmental Professional Uab EEF1276170923 2/1/2016 21#2017 $3,000,000 Per Claim $3,000,000 Agg Claims Made Coverage Deductible; $100,000 DESCRIPnON OF OPERATIONS I,LOCATIONS I VEHICLES (ACORD 101, Addltlanal Ramarks Schedule, may be anachad ri maro space Is regolretl) City of Santa Ana, it's officers, employees, agents and representative are included as additional insured as respects to General Liability per attached form #G17957H & G1 34802C. City of Santa Ana 220 S. Daisy Avenue Santa Ana, CA 92703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (.I9...Fai'rRN Y GA`I)!Pr'�'M.M' <) -. M/ M.{Mraau.[J. r.^” "•�•+°J•^"A.t.yr'' All rights reserved. ACORD 25 (2014)01) The ACORD name and logo are registered marks of ACORD 2SE930 l7 A - aratk.f I"S 1 G- 17957 -H (Ed. 01113) BLANKET ADDITIONAL INSURED - OWNER'S, LESSEES OR CONTRACTORS - WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE — LIMITED LIABILITY It is understood and agreed that this endorsement arnends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows; SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Pan.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2, The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising Injury" and only to the extent caused by: a. Your negligent acts or omissions, or the negligent acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract'; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products completed operations hazard," and only If: (1) The "written contract" requires you to provide the additional insured such coverage„ and s (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a, The maximum permitted by law; b. Required by the "written contract "; c. Described in B.1. above; or d. Afforded to you under this policy, whichever is less. 3. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional Insured whether on a primary, excess, contingent or any other basis. ®_ But if required by the "written contract" to be primary and non - contributory, this insurance will be primary and non- contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal o and advertising injury" arising out of: G- 17957 -H (01/13) Page 1 of 2 Copyrighl, CNA All Rights Reserved. 2�5� - l� r'4..�c �- wk A- -01-f . (''r f G- 17957 -H (Ed. 01113) a. Acts or omissions of the additional insured, or of anyone, other than you, acting on the additional insured's behalf. b. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (11) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications„ and (2) Supervisory, Inspection, architectural or engineering activities; or c. Any premises orwcrk for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part, C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit "; and (4) Tender the defense and Indemnity of any ceirn or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But If the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit" D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b. The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Page 2 of 2 Copyright, CNA All Rights Reserved. ,r✓ CNA G-1 Ed. 112-0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRACTOR'S ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to b. Controlling Interest include as an insured any person or organization (called additional insured) described in paragraphs Any persons or organizations with a 2.a.through 2.g, below whom you are required to add controlling interest in you but only with respect as an additional insured on this policy under a written to their liability arising out of: contract or agreement but the written contract or (1) Their financial control of you; or agreement must be: (2) Premises they own, maintain or control 1. Currently in effect or becoming effective during the while you lease or occupy these term of this policy; or premises, 2. Executed prior to the "bodily injury,' "property This insurance does not apply to structural damage" or "personal injury and advertising injury," but alterations, new construction and demolition Only the following persons or organizations are operations performed by or for such additional additional insureds under this endorsement and insured, coverage provided to such additional Insureds is c. Managers or Lessors of Promises limited as provided herein: A manager or lessor of premises but only with a. State or Political Subdivisions respect to liability arising out of the ownership, A state or political subdivision subject to the maintenance or use of that specific part of the following provisions: premises leased to you and subject to the following additional exclusions: g (1) This Insurance applies only with respect S to the following hazards for which the This insurance does not apply to: state or political subdivision has issued a (1) Any "occurrence" which taxes place permit in connection with premises you after you cease to be a tenant in that own, rent, or control and to which this premises; or insurance applies: � (2) Structural alterations, new construction (a) The existence, maintenance, repair, or demolition operations performed by or construction, erection, or removal of on behalf of such additional insured. advertising signs, awnings, canopies,. cellar entrances, coal hoias, d. Mortgagee, Assignee or Receiver driveways, manholes, marquees, A mortgagee, assignee or receiver but only hoistaway openings, sidewalk vaults, with respect to their liability as mortgagee, R street banners„ or decorations and assignee, or receiver and arising out of the similar exposures; or ownership, maintenance, or use of a premises e (b) The construction, erection, or by you, o removal of elevators; or This insurance does not apply to structural (c) The ownership, maintenance, or use aiterations, now construction or demolition of any elevators covered by this operations performed by or for such additional insurance. insured. = (2) This insurance applies only with respect e. Owners /Other Interests — Land is Leased to operations performed by you or on your An owner or other interest from whom land behalf for which the state or political has been leased by you but only with respect — subdivision has issued a permit. to liability arising out of the ownership. "= This insurance does not apply to "bodily maintenance or use of that specific pan of the injury," "property damage" or "personal land leased to you and subject to the following — and advertising injury" arising out of additional exclusions: operations performed for the state or This insurance does not apply to: municipality. G-1 34802-C Pago 1 of 2 (Ed. 11104) Jqjkk�,— M05—M-38 (1) Any "occurrence" which takes peace after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations porformod by or on behalf of such additional insured. f. Co-owner of Insured Promises A co -owner of a premises co -owned by you and covered under this insurance but only B with respect to the co- owners liability as co- owner ol such premises. g. Lessor of Equipment G- 184802 -C (Ed. 11/04) Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability for "bodily injury," "property damage;' w "personal and advertising Injury" caused, in whole or in part by your maintenance, operation or use of equipment leased to you by such person or organization. A persons or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires;, or Cry .f G-134 602-C (Ed. 11/04) (2) To "bodily injury" or "property damage" arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs a. through g. above does not apply to "bodily injury" or "property damage" included within the "products- complotod operations hazard." As respects the coverage provided under this endorsement, Paragraph 4.16. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as and insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsamont to be excess and noncontributing with this insurance. Page 2 of 2 a I a 4 .. C/ INRURANU N01 ON FILE MAYOR WORK MAY Miguel A. P CLERK MAYOR C MAYOR PRO TC'M Vincent F, `karmlent DATE: COUNCIt.MEMBERS Angelica Amoxoua P. DIvirJ $91loyldos Michele Mani noz Roman Reps Sal Tinijaro CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Clvla Center Ptaxa M36 % P.O. Box is88 M•36 Santa Ana, California 92702 w .sants- ana.orn May 16, 2016 Clinical Laboratory of San Bernardino 21 881 Barton Road Grant Terrace, CA 92313 tae: Agreement for Provision of Water Quality Testing Services t °Consultant Agreement's F,xtension. Lear Mr, Glaubig, CITY MANAGER David Cavazos C TY ATTORNEY Soine R. Corvalho CLERK OF THE COUNCIL Maria D. Flulzar Pursuant to Agreement A- 2014 -131, entered by Clinical Laboratory of San Bernardino and the City of Santa Ana, dated June 3, 2014, Section 4 "Turin," the time period o'k' said Agreement is hereby extended firr an additional two (2) year period, through June 2, 2018, Addidortalty, consistent with Section 4 of said Agreement, compcnsatiori for the new two (2) year period shall not exceed $140,000. The insurance certi0oates are required to be extended and /or renewed to cover this extension. All other terms and conditions of said Agreement remain unchanged and in Cull force and effect, {Sinto y, t'fie 4rSElVr 79UT Executive Director Publie Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney e ioSandoa'jf Assistant City Attorney C Clerk Of the COURCIl CITY OF SANTA ANA David. Cavazos tiger I- - Z' A'TT'EST: wane a AL-5J Matta mmh, kluizar Cleric of the Council W!Y'l 4 25E -36 Clinical Laboratory ator°y q f `hSan Bernardino, Inc -- - January 23, 2017 Public Water System Client Re: Lead Sampling in School Drinking Water Program The recent announcement from the State Water Resources Control Board (SWRCB) ties outlined the mandate for public water systems (PWS) to sample and analyze lead samples from K -12 schools within their service area. This program is effective now through November 1, 2019. Below is a brief summary of the major requirements of each PWS. • Each PWS must submit to the SWRCB a list of all school names and addresses that are served through a utility meter within their service area by .duly 1, 2017. This list shall be posted, by the PWS, on the SWRCB school lead sampling site; littp: / /drine.ca.gov/lsics/ • The sampling requirement becomes effective once a written request is received by the PWS from a K -12 school within their service area. Response to this written request must occur within 60 days of request receipt, A finalized sampling plan and sampling must occur within 90 days of request receipt. • The PWS will sample 5 sites at each school requesting testing. Sampling will occur an Tuesday through Friday, during a day school is in session and has been In session at least one day before the sampling date, • Samples will be collected as the first draw, after at least 6 hours of non use. Samples will be collected into un- preserved, I liter, wide mouth, plastic, containers filled completely hill. Possible sample sites can be faucets, fountains, coolers, bubblers, bottle filling stations, and filtered water sources. The school staff should evaluate all possible sample sites and choose the busiest locations. Only cold water sources should be sampled, and treated sampling sites (filtered, softened) should not be omitted from evaluation. • Samples should be submitted to a laboratory, and preserved, within 14 days of sampling, • Analytical results must be passed to the school within 2 days of receipt from the laboratory. • Perform additional lead sampling, within 10 days, if any sample site exceeds the action level of 15 ppb. • The PWS annual CCR should include the number of schools sainpled for lead within their service area. Please visit the SWRCB Lead Sampling in Drinking Witter of California Schools site for detailed explanation of the above topics, littp: / /driiic.ca.gov/lsics. Clinical Laboratory will be offering the drinking water analysis of lead in schools for S 17.50 per sample. All analyses will include the required containers, detailed analytical report, and electronic data transfer to the State database. Please contact your laboratory Project Manager for additional Information or to request containers. Sincerely, Bob Glaubig Laboratory Director Clinical Laboratory of San Bernardino, Inc. (909) 525 -7693 le aubi a clinical- lnb.com Past Office Box 329 Son Bernardino, CA 92402{9 t l31"ar (909)825 -7696 E'LAP R`uutber 1088 25E -38 FIRST AMENDMENT TO AGREEMENT FOR PROVISION OF WATER QUALITY TESTING SERVICES THIS FIRST AMENDMENT to the above - referenced agreement is entered into on May 2, 2017, . by and between Clinical Laboratory of San Bernardino, Inc., a California corporation ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS A. The parties entered into Agreement #A- 2014 -131, dated June 3, 2014 ( "Agreement"), by which Consultant agreed to provide domestic water quality testing services. B. The original term of the Agreement was from June 3, 2014 through June 2, 201, G, and was extended for an additional two -year period through June 2, 2018 by letter extension #A- 2014 - 131 -01. The Agreement provides for one final two -year extension by a writing executed by the City Manager and the City Attorney. C, The parties wish to amend the Agreement to include additional funds for new state - mandated lead - testing services to be provided by Consultant during the current extension period and the final extension period if the final extension period is exercised by the City. The Parties therefore agree: 1. Section 3, Compensation, is amended to include an additional $10,000 for services to be performed by the Consultant during the current extension period of the Agreement and an additional $10,000 for services to be performed during the filial extension period if the final extension period is exercised by the City, so that the total sure to be expended in each extension period under the Agreement shall not exceed $150,000. 2. Except as modified by this First Amendment, all terns and conditions of the Agreement shall remain in Rill force and effect. IN WITNESS WHEREOF, the ,parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR GERARDO MOUET Cleric of the Council Acting City Manager -- Signatures continue on next page -- Page, t oft M •'�r� APPROVED AS TO FORM CONSULTANT SONIA R, CARVALHO City Attorney By: j- - J M, FUNI{ Name Assistant City Attorney Title: RECOMMENDED FOR APPROVAL FRET) MOUSIVAPOUR Executive Director, Public Works Agency Page 2 of 2