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AGMT - Sierra Analytical Labs Inc (Water Quality Analyses and Sampling Services)
PROFESSIONAL SERVICES AGREEMENT for Water Quality Analyses and Sampling Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 9 Sierra Analytical Labs, Inc. 26052 Merit Circle, Suite 104 Laguna Hills, CA 92653 (949) 348-9389 This Professional Service Agreement ("the Agreement") is made as of April 24, 2023 (the "Effective Date"), by and between Sierra Analytical Labs, Inc., a California corporation ("Contractor"), and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain water quality analyses and sampling professional services. B. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code § 3.20.025(C), City issued Request for Proposals on December 8, 2022, titled "Water Quality Analyses and Sampling Services." Contractor submitted a proposal dated January 16, 2023 in response to the RFP, and a supplemental proposal dated March 3, 2023 based on a new state sampling requirement effective as of February 2023. C. Contractor represents that the principal members of its firm are qualified drinking water sampling and testing specialists and are fully qualified to perform the professional services contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. D. City desires to retain Contractor as an independent contractor and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services (collectively "Services") set forth in this Agreement, the request for proposals ("RFP") attached hereto as Exhibit A, the proposal dated January 16, 2023 (attached hereto as Exhibit B); and the supplemental proposal dated March 3, 2023 (attached hereto as Exhibit C), all of which such exhibits are incorporated herein by this reference. Exhibit B and Exhibit C are collectively referred to in this Agreement as the "Proposal." To the extent that there is any conflict between this Agreement and the RFP (Exhibit A) on the one hand, and the Proposal (Exhibits B and C) on the other hand, this Agreement and the RFP shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 2 of 20 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such. manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council as specified in Subsection 3.1. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term 2.1. The term of this Agreement shall commence as of the Effective Date and shall continue for a term of three years ("Original Term") and shall expire at midnight on April 24, 2026, unless sooner terminated or extended as provided by this Agreement. 2.2. The City, at its sole option, may elect to extend the Original Term of this Agreement, upon the same terms and conditions, for up to two additional terms of one year each ("extension"), by providing written notice to Contractor at least one month prior to the expiration of an existing term. If timely elected by the City, the first extension shall have a term extending from April 24, 2026 through and including April 24, 2027, unless sooner terminated or extended pursuant to this Agreement. If timely elected by the City, the second extension shall be from April 24, 2027 through and including April 24, 2028, unless sooner terminated pursuant to this Agreement. Any extension shall not be effective except upon execution of a written amendment to this Agreement signed by the City Manager and Contractor's authorized representatives. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the hourly rates shown on the fee schedules set forth in Exhibit B and Exhibit C for the Services but in no event will the City pay more than the total not -to -exceed amount of $41,700 (Forty - One Thousand Seven Hundred Dollars and 00/100) per year for the Services (Exhibits A, B and C) for the Original Term. The City Manager may approve, in 3 of 20 writing, an additional expenditure of up to $5,000 per year of the Original Term for unforeseen additional analyses and sampling. 3.2. In the event that City elects to extend the Original Term in accordance with Subsection 2.2 of this Agreement, City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit B and Exhibit C for Services but in no event will the City pay more than the total not - to -exceed amount of $41,700 (Forty -One Thousand Seven Hundred Dollars and 00/100) for each one-year extension. During any one-year extension elected by the City, the City Manager may approve, in writing, an additional expenditure of up to $5,000 per extension for unforeseen additional analyses and sampling. Any additional work authorized by the City Manager as a result of such unforeseen circumstances will be compensated in accordance with the hourly rates shown on the fee schedules set forth in Exhibits B and C, attached hereto. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Subsection 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 4 of 20 5.3. Obligations upon termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City's acknowledgment of receipt of Contractor's notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 12.1 of this Agreement) produced or developed pursuant to this Agreement up to the date of termination. Provided that Contractor is not then in breach, City shall pay Contractor for any portion of the Services completed prior to termination, based on the reasonable value of the Services rendered. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Services performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Richard K. Forsyth is the Contractor's primary representative for purposes of this Agreement. Richard K. Forsyth shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: Public Works Director To Contractor: Siena Analytical Labs, Inc. 26052 Merit Circle, Suite 104 5 of 20 Laguna Hills, CA 92653 Attn: Richard K. Forsyth 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses Contractor and all of Contractor's employees and other personnel shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (1) as otherwise required for the performance of Services on City real property, vehicles or equipment; (2) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or (3) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 6 of 20 9.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law ("PERE"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"), and the regulations of PERS. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its 7 of 20 personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's indemnification and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Confidentiality 11.1. Contractor covenants that all data, reports, documents, surveys, studies, drawings, plans, maps, models, photographs, images, video files, media, discussion, other information or other Work Product (as defined in Subsection 12.1) developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City notice of such court order or subpoena. 11.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 11.3. Contractor's covenants under this Section shall survive the termination or expiration of this Agreement. 8 of 20 12.0 Ownership of Work Product 12.1. All field notes, draft and final reports, drawings, specifications, other documents and written material of any kind, and any and all images, ideas, concepts, designs including website designs, source code, object code, electronic data and files, and/or other media whatsoever created or developed by Contractor in the performance of this Agreement (collectively 'Work Product") shall be considered "works made for hire" for the benefit of City. Except as provided in Subsection 5.3, "Obligations Upon Termination," all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent. Any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 12.2. Upon expiration of the Agreement, or upon termination of the Agreement by City or Contractor, Contractor upon full payment of monies owed in accordance with Subsection 5.3 for Work Product created prior to the date of termination, hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to the paragraph directly above this one. 12.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product. Contractor shall defend, indemnify and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (1) secure for City the right to continue using the Work Product and other 9 of 20 deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (2) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. These covenants shall survive the expiration and/or termination of this Agreement. 12.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 14.0 Prohibition Against Assignment or Delegation Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. Any purported assignment or delegation in violation of this Section shall be void and without effect, and shall entitle City to terminate this Agreement. As used in this Section, "assignment" and "delegation" means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs. 15.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement 10 of 20 for at least three (P),.years after expiigtO hi,�Jermi nation or final payment, under this Agreement, whichever occurs latore-Ocif 'r.this Section 15.0 shall __Yjs;right&unde survive; -f or three, years after expi e�b_ it1i"qn,"' -final payment under Ni,termination'-or this Agreement, whichever. occurs. latoW".. 161:0 Safety Requirements All work,performed under. this, Acireementsh'all be performed in such a manner as to provide -,safety to this ,public -and !meet or'exceed the safetystandards. outlined by CAL OSHA,a'nd Other 6pplicable,,statdand.fddeeal',aws., City may issue restraint or cease and: desist orde'rilo Contractor When uriseffe,or'harmful acts are observed or reported -relative performance.bf theServides. Contractor, shall, maintain . I- I � . , performance .. n the work sites4ree of hazards:to persons andpropert resulting:fr(im its operations. - Contractor shall immediately 0 e i6telv report to,,the; City any h(azardbus condition noted, by Contractor. 17.0 Insurance 17.1. General.. equirements. Contractor shall not commence work under this Agreement I u, f1f,"If figs-_ provided ;evidence satisfactory to the City that Contractor has secured all',insulra'nce,, . required under this kSection. 17.2.:,Minimum Scope and- Limits ,of Insurance. Contractor shall, at its sole cost and"expeqse, procure�. Maintain r and keeRinfull force and: effect fbr,the' duratibn-of,thb Agreement. insurance I. against claims for injuries to person s -,,or dama0pgO54 i� pperty.th6t mayarise from or in.,connection,with'the, perfbrmandd� of this Agreement, follows: 17.2.1. Commercial General- Liability Insurance: -Contractor shall maintain limits no, Iess.thafi,,$,2,000-OGO 'lqr occurrence- for, bod ily injury,. personal: injury and pr,6 &N.damajp- dJO:;ommorcia[Gerieral Liability insurance, r other P an form with.la general aggregate limitis. used, either -the genera[ aggregate- limit shall apolyze 'Pqrately-Joothis, reimont/l' �, A# o.c.ation or the gq_npraI.aggTpgat6 limit shall.,be twice.- the; required occurrence Ii mit:- Coverage'. shall; -be at least as.',broad as the latest version, bf,I nsuref. iipp Services�Office' Commercial omm , e , r , dial r General Uabliliiy;':.coverage (occurrence form CG 0001,:). If Contractor is a limited liability company, pany, . the commercial general. -liability d6Ver-age shall ,lbe,,amended.so, that Cbntractor-and its managers,.affiliates; employpps, s necessary I or incidental ,. ag' ents and6the.r person ry to itsoperption ds; .-lar.einsu're 17.2.2 Autom, bile. Liability. Insurance: Contractor shall maintain limits. no less .than $1;00.0;.000 per accid6ntzf6r'6,od'iIy injury�and-prQpprtydama e. g e , Liability:, Insurance Services Coverage,s alkbe atlea,§.It�Os,,blroad %-A- Utom.1 il Office pto.,CoVdrag6,fohn number -CAD001' code.1 (ariy,auto).- V T,T,of 20 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; 17.2.4. Professional Liability (or Errors and Omissions), with minimum limits of $1,000,000 per claim/aggregate. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents acting as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability, City, its elected and appointed officials, officers, employees, agents, designated volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, designated volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non -Contributing. Coverage shall be primary insurance as respects the City, its elected officials, officers, employees, agents, designated volunteers designated volunteers and agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken 12 of 20 chain of coverage, excess of the Contractores scheduled underlying coverage and that any insurance or self-insurance ,% itain.ed: by the City; its elected officials, officers, employees, ,agents: designated.,61untee'rs. designated volunteers and agents serving as .independent contra tors..46,the. role of "City officials, shall be excess of the Contractor's insurance ;andshall not be:. called upon to contribute with -it; 17.7. Separation. of Insureds- ANNAnsur�ance required by this -Section shall . . contain standard separation, of` insureds pouslons and 'hall not contain any special limitations ,on the scope of protrection afforded to City, its elected and appointed officials, officers; employees,agents; designated volunteers and those City agents serving,as independent,contp W is -in the;role of,City officials. 17.8. Deductibles :and Self -Insured .Retentions. _Any deductibles or self= insured retentions shall "be declared "to and 'approved by City. Contractor guarantees that, at the option- of City, either: (1) the insurer shall reduce or eliminate such deductibles: or self-insured retentions as respects City, its elected and appointed officials; officers, employees, _agents; designated volunteers and those City agents serving as independent contractors in the role of.City officials!' or (2) Contractorshall procure a bond ,guaranteeing payment of losses and: related investigation,costs; .claims and administrative' -and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by tjh,ii' Agreement=slall.,expressly=waive-theinsurer°s:right of subrogation.against City,and„ its elected and appointed: officials, officers, employees, agents, designated volunteers.and those City agents serving as independent contractors --in the role'of City officials. Contractor hereby waives all: rights of subrogation againstCity. 17:1:0. City Remedy for Noncompliance:. If Contractor. does not maintain,the policies, of insuranceArequired underAtf is.'S.ection in .full force and effect.during: the term Of -.this Agreement; or in:the event= any of Contractor's policies do not comply With: the requirements under `this Section, City may either immediately ,terminate this�Agreement or, if insurance is',available at a,reasonable cost, City:may, but -has no duty -to, take out the.necessary:insurance-and pay,- atContractor°s:.expense, the premium thereon. Contractor shall promptly reimburse -City for any premft m, paid by City. or City"may withhold amounts sufficientto-pay the premiums ffom.payments duerto Contractor. 17.11. Evidence of Insurance.- Prior to the performance of Services under this,Agrep ment, Contractor shall*furnish City with original certificates -of -insurance and all original ;;endorsements evidencing and . effecting the coverages required under:this Section on forms satisfactory to and approved° by; City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by,Ahat -insurer to bind coverage on its, behalf, and ,shall.'be. on forms provided 'by City if requested." Contractor=may:provide complete, certified copies of all, required. insurance policies to :City: Contractor shall maintain current `1310 f -20 endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.12. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under Section 18.0. 17.13. Broader Coverage/Higher Limits. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. 17.14. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 17.0. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City and its elected and appointed officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees' choice, and shall pay all costs and 14 of 20 expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officers, officials, agents, employees, designated volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims or Liabilities asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor's indemnifications and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 15 of 20 19.0 Non -Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, or any other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation, or any other basis prohibited by law. 20.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 21.0 Prevailing Wage and Payroll Records To the extent that this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D, attached hereto and incorporated by reference herein. 22.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 23.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this. Agreement. 24.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that 16 of 20 ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Seal Beach. 25.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 26.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states. 27.0 Prohibited Interests; Conflict of Interest 27.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 27.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from 17 of 20 any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 27.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest' under applicable laws as described in this Section. 28.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 29.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 30.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 18 of 20 31.0 Mutual Cooperation 31.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 31.2. Contractor's Cooperation. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 32:0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 33.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 34.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 35.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 36.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 19 of 20 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Attest 0 Approved as to Form: By: Nicholas Ghirelli, City Attorney CONTRACTOR: Sierra Analytical Labs, Inc., a California corporation By: 44,.e < �-� Name:_Ric"CAD a_ FoRsrT74 Its: R9e5fPC"7- / c,93 pity vee By. Name: I Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 20 of 20 EXHIBIT Request for Proposals City of Seal Beach Request for Proposals for Water Quality Analyses and Sampling Services SEA, `%%s% s " "1"44! .� ��lA rM+ RFP responses to be received until 12:00 P.M., January 16, 2023 in the Public Works Department ATTN: Sean Sabo, Management Analyst Approved for Advertising: Iris Lee Acting Public Works Director Date Issued: December 8, 2022 Table of Contents I. INTRODUCTION II. QUALIFICATIONS III. SCOPE OF SERVICES IV. PRE -PROPOSAL QUESTIONS V. SCHEDULE VI. SUBMITTAL REQUIREMENTS VII. FEE AND COST PROPOSAL VIII. INTERVIEW IX. SELECTION PROCESS X. SPECIAL PROVISIONS XI. GENERAL CONDITIONS EXHIBIT A — Sampling Sites EXHIBIT B — Fee & Cost Proposal Template EXHIBIT C — Sample Contract REQUEST FOR PROPOSALS FOR WATER QUALITY ANALYSES AND SAMPLING SERVICES ALL INTERESTED PARTIES MUST REGISTER THROUGH PLANETBIDS., COMMUNICATION AND ADDENDA, IF ANY,. WILL BE DISTRIBUTED TO REGISTERED PARTIES VIA THE PLANETBIDS PORTAL. 1. INTRODUCTION The City of Seal Beach ("City") Public Works Department is requesting proposals from approved, qualified contractors who are certified as California Department of Health Services Environmental Laboratory Tester of Drinking Water. The objective of this Request for Proposal ("RFP") solicitation is to identify the qualified contractor to provide the requested services for an anticipated term of three (3) years, with two (2) possible one (1) year extensions. The final agreement amount and term will depend on the quality, diversity, and responsiveness of the received proposals. II. QUALIFICATIONS Minimum Qualifications • Minimum of seven (7) years of professional services for water quality analyses and sampling. • Experience and/or demonstrated ability to provide satisfactory services. • Accredited California Department of Health Services Environmental Laboratory Tester of Drinking Water. • Local staffing able to respond to an emergency call-back within 30 minutes, and able to deploy the appropriate resources to respond within two (2) hours after being contacted by the City. • Valid City of Seal Beach business license for the term of the Agreement, if selected. • Maintain, or have the ability to quickly acquire, all necessary labor, equipment, and material to promptly complete the Work. Desirable Qualifications • Knowledge and experience with the City of Seal Beach's standards, provisions, and practices. • Knowledge of domestic water quality and monitoring regulations in Title 17 and Title 22 of the California Code of Regulations (CCR). 3 III. SCOPE OF SERVICES A. Contractor performs the collection of distribution system samples, source samples, repeat samples, and other samples as required. B. The Lab technician must follow procedures and guidelines for collecting samples that are based on the Standard Methods for the Examination of Water and Wastewater (24th edition), and be made in accordance with U.S. EPA approved methods unless directed otherwise by the State Board. C. Perform the analyses of routine bacteriological samples collected weekly by contractor at ten (10) sites within the city distribution system. Testing to be performed shall be 24-hour Presence -Absence Technique, and Heterotrophic Plate counts on each sample. On samples with Total -Coliform present result, E. Coli analysis must be conducted. Submit results to City per item G. See Exhibit A for the City's sample site locations. D. Perform the analyses of routine bacteriological samples collected monthly by contractor at three (3) sources. Testing to be performed shall be 24-hour Presence -Absence Technique, and Heterotrophic Plate counts on each sample. On samples with Total -Coliform present result, E. Coli analysis must be conducted. Submit results to City per item G. E. Perform bacteriological and other special types of analyses on samples collected by City staff for repairs or new construction on the distribution system. Submit results to City per item G. F. Contractor will coordinate with the Water Division on all work. G. Within 4 hours of testing conclusion, results in PDF format on lab letterhead will be electronically mailed to City and submitted to DDW CLIP. In addition, within 48 hours sample results will be electronically mailed to the City on an Excel template supplied by the City. H. Lab will notify designated City contact ,personnel immediately when total coliforms or E. coli is present, when HPC is > 500 in sample results, or when a sample is invalidated due to interference problems. A copy of the City's Emergency Notification Plan will be given to the lab after award of contract. I. Lab will notify the City of any problems concerning cancellation or delays regarding sample collections. The Lab will notify the City immediately of any problems or delays concerning analysis of samples already taken or scheduled to be taken. J. The Lab will be available to respond to private contractors that require re -check bacteriological samples be collected and tested on construction projects in Seal Beach. The samples requested by private contractors shall be at contractor's expense and the contractors shall be invoiced by the Lab directly. K. Whenever performing bacteriological sampling, test for chlorine residuals using the HACH Pocket Colorimeter II. Perform chlorine residual tests in accordance with State Health requirements using DPD method and submit results to the City per item G. City will perform random calibration checks on Lab's Colorimeter to verify proper operation and consistency with City equipment. L. Perform quarterly analysis of water samples for the presence of Total Trihalomethanes (TTHM) and Haloacetic Acids (HAA5), using approved State Health method, at four (4) locations designated by the 4 �� �iEa/ �j�• �[ �i/* Stu: -J?. City. Contractor shall perform the collection of the TTHM and HAA5 samples. Submit results to the City per item G. M. Perform a quarterly analysis of one (1) source water sample for the presence of odor. N. Perform analysis of other various types of specialized city -collected samples as needed. These may consist of Lead & Copper, General Physicals, Volatile Organic Compounds, Synthetic Organic Compounds, or other various types of specialized water analysis. O. All samples shall be tested by employees of the Lab. All lab -collected samples shall be collected by employees of the lab. P. Lab will be available for sample collection and/or transport on an as needed basis with a minimum of 24-hour notice. Coolers and ice used for transport must be designated for potable water use only. Q. Lab must notify City immediately if there is a change in Lab's project manager. CONTRACTOR RESPONSIBILITIES 1. Contractor shall designate a single point -of -contact with decision making authority for Work under this Contract, and shall be available during regular business hours. 2. Contractor shall prohibit any persons other than those designated and employed by the Contractor to collect and test samples. 3. Contractor shall provide all equipment, labor, supervision, method of processes, and materials necessary to complete the Work. Contractor shall keep all materials and equipment neat, clean, and readily available at all times. 4. Contractor shall provide all materials of good quality, as approved by the City, and. in the amounts necessary to fulfill the Contract requirements and to accomplish an acceptable and professional level of service. 5. Contractor shall bring to the attention of the City any defective or inoperative equipment no later than the following day after discovery. 6. Contractor shall be responsible for securing any and all locks after work has been completed. 7. Contractor shall promptly and properly dispose of all debris accumulated as a result of testing. 8. Contractor shall be responsible for timely payment of any subcontractor, material persons, workers, and suppliers. 9. Contractor shall have a valid City of Seal Beach business license for the term of the Contract, if selected. 5 114 Billing. Form, Records and, Reports dy 01010 KIR01- • Contractor shall furnish PC �,and,- maintain record 4"' "Il: The records shall- include the, name of lab Oil Form technician, method, date, time location Q6,9fl"l -8"t,'t m PS -,Codes, at -z -minimum. The format of 0 said records shall b �-approveO..by,City pr.!6r`F • Contractor shall provide, acppy of any or. a 41ds o City upon request. • Contractor, shall maintain such record.thrdu h,':ff fthe Contract, plusthree(3).years after Contract ip Q termination. • Contractor shalLpfqvide a billing form and;progress payment yment form approved by the City. Protection from Damage T r Contractor shall-_ protect..all,p �t Pblic.and,privat that -is not. part of Work. e�p"PPOlty t Contractor is liable for an damages as a resultvofiits�staff using improper sampling techniques --niqups.and/or ag -sole,, materials. Contractor shall; reppir,Ouch-darn ctbr's expense. Personnel The Contractor shall use. -and- furnish...all labor necessary for the satisfactory.., performan.ce for the WorkYset forth in this Contract. a. Contractor's,Staff • The Contract6r,,shall require .each: � of his/h.er•employees to adhere to basic standard&.of g Workin attire. .; These are 10 include uniforms with,the C6ntract&s company name or insig'niia clearly visible,: proper .ah u shoes _and required: b State-.,Safbty--Reg "l.ationsj, and proper weanng,bf-clothing. • The Contractor must -employ sufficient personnel -to perform,.all work as scheduled and approved; by. the City, including I Obntrac - tibnpdrsbn inblAransitionperiods. b. Supervision Contractor shall, provide :such adequate supervision -as tofurnish ,ongoing supervision. -of workmanship, and adherence to sphled.ules.-byAhe staff-performingAh e Work. c. Typical Tasks, Cqritractor shall supply his/her -staff with the necessary skills to perform duties in connection with Work contemplated underlh,is' Contract. r. J. W1,1808 d. Knowledge and: Abilities All analyses and procedures shall be p6rformed,in'ag, @j.ipr_apprpved by the City and the zState .Health Department, includingsu-itabi6experie-ncerin.thEfi V _qif r required.. Work requirdd,ork, in a thoughtful r p m manner Equipment The Contractor shall use,and furnish all e quipm prit--,nd69sap j..for the satisfactory performance ofthe Work.,set forth in this Contract. a. Equipment • All equiprhent used by the Contractor shall bpjnpintained in a clean appearance -and in good.. operal#e condition. All equipment shall, also be,p n n( .rpp6rl�zdjystedj from.an operational standpoint: b. Vehicles • Contractorshall ,display the name; of their.firm on any1all vehicles used or,otherw ise by,. -.the Contractor's employees'. Emer-gency Service ContactInformation,,,and.Response The Contractor shall' -provide the, City.at.811 .,times throughout the:-duration,of this Contract emergency telephone number's of at least,two (2) qualihk.p6rsons who can be called 1for,emergericy cbridition,-§ y ti 'm e. An rh alternate eergoncy-'-number sh'all.:ble,prpVidi5o�'in;it;�se7nbanswer-isreceived-atthe first number. r T9he,.emer ency - number shall be used to, contact the Contractor ropresentati . vewho cam -take the necessary .action required �to _ alleviate an emergoncy"conditiori. Contractor is required o,provide the City, with a, -24-hour emergency.number for contact outside normal business Contractor shall not be more than- 30',_ minutes,. , . dep byment hours. The,respo.nseto,,ane'mergency.-call'obiby�,jihig--... - . � I I.- " ' ' 46hours, . ' - haill-16--b6nsidered part oflthe normal'Contract of appropriate resources to, respprid,'wit two (2) hours, andf�s exceptwheni'delayed by.pr h[qms--caused by v6 hjcle,,accidefits= or, Acts, ofGod. Progress of Work Time is of the essence on eve aspect of thetWork. Work shall- proceed. in an expeditious and, orderly manner. The Contractor _shqll,Ien.,deqvor to, avoid service interruptions I:c� thel�.extent feasible. Any exceptioris shall be approved by the City. Alterations • The City reserves the right to increase,.,decrease, add, delete, _and alter any item.,or portion of the Work e ii_,_eCity.�'may make zuch.alteratibns� cirdevititibris, as may be doerh d necessary pr-adyisa J�z�the;City. T I , �Ie. y 1, additibnsto, or omissions from the 'Wdrk,'as, may Ud determined during the progress -of the Work to be necessary§bc ihaltoriat"i-onp O'tAe" -affect,6r make void:,,the iyj6iiohs�,,additi6ns or shall inrjp,wby,., Agreement. Upon writtenorde-rbf,'the'City, Contractor shall ,proceed with,-theW6rk-as Modified. In the event that a location is closed for repair, construction, emergency, or any other event(s) where Work cannot be performed, City will notify Contractor of such closure five (5) business days in advance. Confirmation Emails Contractor shall provide a confirmation email to the City two weeks in advance of the scheduled date of monthly source samples and all quarterly samples. Extra Work 1. Extra work shall not be performed without prior written approval by the City unless public safety is immediately at risk. 2. Extra services shall be negotiated on a time -and -material basis with a "not to exceed" amount. IV. PRE -PROPOSAL QUESTIONS For answers to questions or particulars regarding this Request for Proposal, all interested parties are to contact: Darrick Escobedo Water Services Supervisor Department of Public Works 1776 Adolfo Lopez Drive Seal Beach, CA 90740 descobedo cb.sealbeachca.gov (562) 431-2527 ext. 1409 The City will respond to all questions and requests for clarification received by December 22, 2022. V. SCHEDULE The following dates reflect the anticipated schedule: ■ Request for Proposal Solicitation ■ Pre -Proposal Question Deadline ■ Proposal Submittal Deadline ■ Contractor Interview (if conducted) ■ Contract Award by City Council ■ Notice to Proceed 0 12/08/2022 12/22/2022 1/16/2023, 12:OOp.m. January 2023 February 2023 February 2023 VI. SUBMITTAL REQUIREMENTS Acceptance of Submittals Proposals are due by 12:00 PM on January 16, 2023 to the following. Postmarks will not be accepted. Sean Sabo Management Analyst Department of Public Works 211 Eighth Street Seal Beach, CA 90740 ssabo(a-sealbeachca.gov (562) 431-2527 ext. 1431 Please submit three (3) bound hard copies, and one (1) electronic copy of the Contractor's Proposal. Proposals received after the date and time listed above will not be accepted or considered for this Project. There is no expressed or implied obligation for City to reimburse firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.). Any language purporting to render the entire proposal confidential or propriety will be ineffective and will be disregarded. The City reserves the right to retain all proposals submitted, and to use any idea in a proposal regardless of whether the proposal was selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the selected Contractor. All property rights, including publication rights of all reports produced by the selected Contractor in connection with services performed under this Agreement shall be vested in the City. Protest procedures and dispute resolution process shall follow 2 CFR Part 200.318(k), 23 CFR 172.5(c)(18). Information to be Submitted The following information shall be provided, at a minimum: Cover Letter Table of Contents Company Qualifications Local Staffing List Laboratory/Personnel Certifications Understanding/Approach References Fee & Cost Proposal Exceptions Business Entity Contract Signatories Cover Letter: Cover letter shall not exceed two pages. It shall provide an executive summary of the proposal, and designate the firm's authorized representative regarding this RFP. Table of Contents: The table of contents shall list the following sections with page numbers and information in each section shall be provided. Company Qualifications: Provide a summary of the Contractor's qualifications, including background and experience. Local Staffing List: Provide an organizational chart showing the names, positions, responsibilities, and availability of the individual(s) that would be assigned to this Agreement, including sub -Contractors. Identify the individual(s) authorized to negotiate the contract on behalf of the Contractor's firm and the Contractor's project manager. Laboratory/Personnel Certifications: Provide a copy of the Contractor's ELAP certification, and other water quality testing certifications as required by the State Health Department and State Board. Provide sampling/testing certifications of all individuals that would be assigned to this Agreement. Understanding/Approach: Describe the Contractor's understanding of the Work requested in this RFP, any key issues that may need special attention. Describe how the Contractor will approach the scope of services and each task needed to complete the project. Any task assumptions and/or exclusions shall be clearly identified. References: Contractor should provide a minimum of three (3) references from public agencies the Contractor has performed work for within the last five (5) years. Information shall include, at a minimum: • Agency name • Scope of work and/or services provided, prime/sub-Contractor. • Contract outcome • Contract value • Dates • Client project manager name, valid telephone number, and email Fee & Cost Proposal: Contractors will be required to submit a "Fee & Cost Proposal for Water Quality Analyses and Sampling Services" as shown in Exhibit B. Additional sample/labor/material rates may be provided in addition to Exhibit B. All rates shall remain for the term of the contract as permitted by law, unless specifically detailed as a supplement to Exhibit B. Exceptions: The Contractor shall review this RFP and attached sample contract. Exceptions to any portion of the RFP and/or City's standard agreement will need to be clearly identified. Identification of exceptions does not constitute City concurrence and acceptance. Exceptions may be negotiated with the top-ranked firm. Business Entity: Clearly indicate the firm's business entity type (i.e., a California corporation). Contract Signatories: Provide the two binding signatories for the firm, pursuant to California Corporation Code Section 313. 10 VII. FEE AND COST PROPOSAL In preparing the fee and cost proposal for this project, the Contractor shall take into consideration the following: 1. Fee proposal and billing rates shall remain effective for the term of the Agreement. Any anticipated billing/rate adjustments shall be clearly identified in the Proposal and shall not be made more than once each calendar year. 2. If applicable and necessary, the City will negotiate the final fee with the top-ranked Contractor. Vlll. INTERVIEW Top ranked Contractor team(s) may be interviewed by the selection committee. Proposed key personnel from the Contractor's team may be requested to present the teams' and their qualifications at an interview. IX. SELECTION PROCESS Proposals will be evaluated on the basis of the response to all provisions of this RFP. Since this solicitation is an RFP as opposed to a Bid, pricing alone will not constitute the entire selection criteria. The City may use some or all of the following criterion in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The City reserves the right to modify the evaluation criterion and percentage of score as deemed appropriate prior to the commencement of evaluation. The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. POTENTIAL EVALUATION CRITERIA 1. Completeness of Response (Pass/Fail) Responses to this RFP must be complete. Responses that do not include the proposal content requirements identified within this RFP and subsequent addenda and do not address each of the requested items will be considered incomplete, may be rated a Fail in the Evaluation Criteria, and may receive no further consideration. 2. Qualifications & Experience (60 points) a. Local Presence - A statement addressing firm's ability to respond in emergencies and effectively conduct the Work for the City based on the Firm's or key staff's location. b. Relevant experience, specific qualifications, and expertise of the Contractor and sub -Contractors to perform the Work. 11 c. Contractor's experience working in the public sector and knowledge of public sector procurement processes, in particular City of Seal Beach standards, processes, and policies. d. Quality of references from at least three (3) agencies the Contractor currently or have previously contracted for in the past five (5) years. e. Contractor's understanding and approach of the Work. f. Services offered and/or excluded. 3. Fee (40 points) a. Fee & Cost proposal The City reserves the right to determine whether or not a proposal meets the specifications and requirements of this RFP and reject any proposal that, in the City's sole opinion, fails to meet the detail or intent of the requirements. The City reserves the right to reject any and all proposals. The City reserves the right to put non -emergency and pre -planned projects out for formal bidding. All proposals received as specified will be evaluated by City staff in accordance with the abovementioned. During the evaluation period, the City may do any or all of the following: generate a "short list" and conduct interviews with the top candidates; conduct on-site visits and/or tours of the candidates' places of business. Contractors should be aware that award may be made without Contractor visits, interviews, or further discussion or negotiations. X. SPECIAL PROVISIONS a. Contractor shall maintain an adequate crew of employees to perform the Work required. b. Contractor will be required to supply a list of references for similar work performed. c. Contractor will be required to supply a list of sub -contractors, if applicable. d. Contractor will be required to supply additional experience references, if requested. e. Contractor shall provide City with required proof of liability insurance, workman's compensation insurance, vehicle insurance, and City business license as noted in the Contract. f. Contractor shall be responsible for Contractor's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The City shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the Contractor. g. Hourly rates and unit prices quoted shall include all safety equipment required. All incidentals shall be included in quoted prices. h. At any time prior to proposal due date, Contractor may inspect City property for further information, if desired. City representatives will be available if desired to answer questions. 12 I. Contractor shall protect any and all public and private property adjacent to work areas. Any damage resulting directly or indirectly from Contractor's actions shall be the responsibility of the Contractor. j. Contactor shall adhere to all Cal -OSHA rules and regulations for any and all Work performed under this Contract. XI. GENERAL CONDITIONS A. Signature The Proposal shall be signed by an individual authorized to bind the Contractor. B. Other Considerations: The City shall not be liable for any pre -contractual expenses incurred by any firm considering submitting a proposal in response to this RFP. The City reserves the right to accept or reject any and all' proposals, or any part of, or waive any informalities or irregularities. The City reserves the right to withdraw, to cancel this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any firm responding this RFP. C. Business License Required The Seal Beach Municipal Code requires all businesses operating in the City to obtain a business license and pay a business license tax. For more information, go to www.sealbeachca.gov. D. Prevailing Wage All work performed in connection with execution of this contract work shall be performed in compliance with all applicable laws, ordinances, rules and regulations of federal, state, county or municipal governments or agencies (including, without limitation, all applicable federal and state labor standards, including the prevailing wage provisions of sections 1770 et seq. of the California Labor Code), and (b) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction. The Contractor shall indemnify, defend and hold the City harmless from any and all claims, causes of action and liabilities based upon or arising from the failure of any work related to the Agreement to comply with all such applicable legal requirements, including, without limitation, any such claims, causes of action or liabilities that may be asserted against or incurred by City with respect to or in any way arising from the Project's compliance with or failure to comply with applicable laws, including all applicable federal and state labor requirements including, without limitation, the requirements of California Labor Code section 1770 et seq. Contractor agrees that all public work (as defined in California Labor Code section (1720) performed pursuant to this Agreement (the "Public Work"), if any, shall comply with the requirements of California Labor Code sections 1770 et seq. City makes no representation or statement that the project or any portion thereof, is or is not a "public work" as defined in California Labor Code section 1720. In all bid specifications, contracts and subcontracts for any such Public Work, Contractor shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in this locality for each craft, classification or type of worker needed to perform the Public Work, and shall include such rates in the bid specifications, contract or subcontract. Such bid specifications, contract or 13 �d u P -P-0419 P01loWorks subcontract must contain the_following provision: "ItshalL,beFinan„datoryforthe Contractorto',payRnot•less than Ahe ,said `preVailing' rate of i” to all workers ,ernploy..ed by'the contractor in the,execution 6f.AW8 contract. The,Contractor'ezpresslyagrees to comply with;thO penalty provisions:of California Labor Code section" 1'=775x;andabe payrolhrecord' keeping requirements -of .California..L:abbr Code-sectio,n;17:71:"' E: -Reg istration�wiftthe-Department',of Industr Jal,R,elations In aceo�dance*withTLabor Cotle Sections,17255 and: 177,1:1, no contractor or.,subcontractor:•.shali be >>. e ... r -� qualified .to:-b'i6--on, tie`4listed'in a-:kiid�;proposalsubject to :the requirements. of Section 4;1104 ofal 6: ublic Contract -Code; or=engtideyin the performance of any'.contraet,.forpublic work, unle"ss,burrently registered and qualifedaofperform puplic:work;pursuantao:ISection 1'725;-5 [with,limited.exceptions for,bidpurposes only un'd'er' Lab&:•Cotle'Section 1 -7- The Dep artment,of"Industrial*Relatibns Registration Number shall .be listed for the Contractorkand4e6ch' subcontractor,�if'pnyi,�ih-the<bitl�osak-'- EXHIBIT A SAMPLING SITES 15 z City Water System Qi �ohSantosO, Water Sampling Stations GA F Mant.': S Katella Ave E Atherton St 7 Cr `t+ CAdor n, !N i a i ■ Kempton Dr Lot.,] Ec:_ICn �♦ ; tot altl Vl.ly Df a; Z i, 7 C ♦• >jeO`O ,mIa1` a O u. \off\ ''+aieberry Ave fp E 7th st ♦��` 811'Chwood Ave N R,I `.:'.��►�Ci .- y11.._.._...._ Alrnund Avr.;._ dL.r• F �° � z toyne � , Pond% ' Or r 1 E2nd St ' Westminster Ave Westminster Ave � tal[.n _w�l feaE 11 �� _ `.\♦\ ,1` tois , me � ��v♦v \ �ti 41� .\• 1 I li ♦ �rr Seal Beach .� **. r x'411 ;iii:. iii xal f#•a�n "M Nahorul � :%'ildlde Refuge o Pacific Ocean hof♦ � � (_)Cotano Pacifico _ bWi .;-t IM-tfaj" IARLM1M L 1=I MIM1=1 aim IMI MIMI Mil,� .\=#MIM Surfside jam, ♦ .�� �, �'�!�\♦\♦ Trinidad n Island in N Le end O Sampling Stations die i Duncant Vail �Y ri-a A 44 �;lrn n ract ry H0 Av J � M c Pearce Dr m Sunset Beach - o n to C Warner Ave N W E S ANAMESA NRD, FEE & COST PROPOSAL FOR WATER QUALITY ANALYSES AND SAMPLING SERVICES (additional rates may be added as a separate attachment) NO. SAMPLE UNIT COST COMMENTS M01 ANALYSIS/DESCRIPTION $ S1 Heterotrophic Plate Count $ (HPC) S2 Chlorine Residual - Total $ S3 Chlorine Residual - Free $ S4 Coliform — P/A - Total $ Coliform & E -Coli Coliform — MPN — Total $ S5 Coliform & E -Coli Total Trihalomethanes $ S6 (TTHM) S7 Haloacetic Acids (HAAs) $ S8 Odor $ S9 Lead & Copper $ S10 General Physicals $ I►• IQ1.11111r!_,II IJQ01 NO. DESCRIPTION UNIT COST COMMENTS M01 Routine Field Services $ M02 Call -Out $ MARK-UP FOR ITEMS NOT NOTED ABOVE NO. Emergency Call -Out _T M1 M03 (Outside Normal Business M2 Equipment % Hours Labor % MARK-UP FOR ITEMS NOT NOTED ABOVE NO. DESCRIPTION PERCENTAGE M1 Material % M2 Equipment % M3 Labor % ADJUSTMENTS Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. EXHIBIT C SAMPLE CONTRACT 17 EXHIBIT B Contractor's Proposal i� 1 SI EP. RA A1,1AL`lTICAL Proposal Prepared for: NATER QUALITY ANALYSES AND SAMPLING SERVICES Darrick Escobedo City of Seal Beach 1776 Adolfo Lopez Dr. Seal Beach, CA 90740 M Sierra Analytical Labs, Inc. 26052 Merit Circle, Suite 104 Laguna Hills, CA 92653 Due: 12:OOPM, January 16, 2023 Attn: Sean Sabo, Management Analyst 26052 Mau CIRCLE SUITE 104, LAGum HILLS, CALIFORNIA 92653 TELEPHONE: (949) 348-9389 FAx: (949) 348-9115 E-MAIL: SIERRALABS @ SIERRALABS.NET ZERY LETTER OF INTRODUCTION t "1 zt .j January 13, 2023 �U Mn Darrick Escobedo Water Services Supervisor Department of Public Works 1 City of Seal Beach 1776 Adolfo Lopez Dr. Seal Beach, CA 90740 Ref: Statement of Qualifications and Proposal to Provide Water Quality Analyses and Sampling Services (City Wide) Mr. Darrick Escobedo, Sierra Analytical Labs, Inc. appreciates the opportunity to provide you with the following information in reference to your request for proposal to perform laboratory services. Introduction to Laboratory Sierra Analytical Labs, Inc., is a State of California Approved Environmental Laboratory by the Department of Health Services under the Environmental Laboratory Accreditation Program (ELAP). Our certificate number is: 2320 for our Stationary Laboratory. In addition, we are approved by the County Sanitation Districts of Los Angeles and Orange Counties, along with the South Orange County Water Authority (SOCWA). Sierra has been in operation since 1990. Z Sierra Analytical Labs, Inc. is located in Laguna Hills and maintains a 6,500 square foot facility that houses our stationary laboratory. The laboratory is fully equipped and staffed to meet your needs and requirements. Sierra maintains a strict Quality Assurance Program to ensure that the results you receive are within our established guidelines set by the E.P.A. and the Department of Health Services, State of California. All analyses are performed in accordance with Standard Methods for the Examination of Water and Wastewater, 21st Edition, A.S.T.M., and the E.P.A. Methods. Sierra participates in the WS and WP -J Studies to evaluate our performance along with the DMR Program for our NPDES Dischargers. ) At Sierra our clients range from water districts, treatment plants, and refineries to private environmental consulting firms. We have performed analysis to meet Federal, State, and Local requirements, from drinking water to hazardous waste. Our report formats and QA/QC protocols have met the requirements for; U.S.E.P.A., Well Investigation Program, California Regional Water Quality Control Board, Office of Drinking Water, and Local Sanitation Districts. We have the capability to customize our reports to meet the needs of our clients. We can provide electronic transfer of data, along with the California Laboratory Intake Portal (CLIP) program for the Office of Drinking Water. Sierra Analytical Labs, Inc. services approximately 75 to 100 different clients with the main emphasis on approximately twenty to thirty major clients. t i The following are clients with similar needs to the City of Seal Beach that Sierra currently provides service to: City of Newport Beach City of Huntington Beach South Coast Water District Moulton Niguel Water District Laguna Beach County Water District South Orange County Water Authority City of Westminster City of La Palma Trabuco Canyon Water District In addition, Sierra provides services to the City of San Clemente, Joint Regional Water Supply System (JRWSS), Valley Center Water District, and we've recently added the City of Garden Grove. Sierra has over 30 years of experience working with various water districts. In fact, South Coast Water District, Laguna Beach County Water District, and South Orange County Water Authority have been with us we started in 1991. Sierra is fully aware of the services you require and will maintain all your permit requirements along with providing a list of after-hours phone numbers and contacts, thus giving you 24 Hour coverage. The only request Sierra has from the City of Seal Beach is to be able to meet with you, confirm the sample sites, define a timetable that outlines your testing schedule, and provide Sierra with contact names and numbers for the City of Seal Beach, if we are fortunate enough to earn the contract. Sierra will provide all needed supplies, meet all Turn Around Times (TATs), and represent the city in a professional manner. Sincerely, Sierra Analytical Labs, Inc. 4e., < `mac Richard K. Forsyth Laboratory Director S i ERR A ardAL YricAL Sierra Analytical Labs, Inc. Statement of Qualifications Effective January 3rd, 2023 0 n 1 Table of Contents 1. Introduction and Overview 1.1. Location 1.2. Services 1.3. Size 1.4. Mission 1.5. Code of Ethics 2. Experience 2.1 Drinking Water 2.2 Surface/Storm Water 2.3 Wastewater/ NPDES / Priority Pollutants 2.4 Hazardous Waste / RCRA 3. Quality Assurance/Quality Control 3.1 Quality Assurance Plan 3.2 Proficiency Testing 3.3 Employee Training,, 3.4 Confidentiality 3.5 Records and Data Retention 4. Certification 5. Instruments and Equipment 6.1 Inorganic /Microbiology 6.2 Organics 6.3 Metals 6. Personnel 7.1 Organization Chart 7.2 Resumes 7. Client Reference List R tY 1. Introduction and Overview 1.1 Location Sierra Analytical Labs, Inc. is located in Laguna Hills Ca. Conveniently located off the 5 freeway in South Orange County. I 1.2 Overview of Services Sierra Analytical Labs, Inc. is a California State certified environmental testing laboratory offering full service water and soil testing. Established in the early 1990 Sierra has provided high quality chemical and a microbiological analysis over more than 3 decades with an ever-increasing range of services and capabilities. Sierra provides environmental testing for all types of water, hazardous waste, soil, sludge, and sediments. Services include microbiology, inorganic chemistry, general physical, metals, nutrients, oxygen demand, and organic chemical analysis. Fish bioassay, radiological, and other testing are provided through our network of state certified subcontracting laboratories. 3 Our state of the art instrumentation such as ICP/MS, GUMS, and HPLC allows us to detect metals and organic compounds at ultra low levels. Our LIMS (laboratory Information Management System) gives us the b ability to produce EDD's (Electronic Data Deliverables) in nearly any format required or requested by our clients. If we do not currently offer the EDD format you need we can quickly add it to out list of capabilities and can create a custom reporting formats as needed. Ji Our team of scientists have many years of experience in the environmental testing field. We are available for consulting and project management, from sampling to final reporting, or anywhere in-between. We have a great deal of special knowledge related to southern California and many of our clients have found this very useful. f We currently have a wide range of regularly scheduled sampling routes throughout southern California. If you are near a current route, we can very economically sample or pick up samples for you. Call us for our � current route locations and schedules. 1 3 1.3 Size Sierra Analytical Labs, Inc. occupies approximately 6000 sq ft. The laboratory consists of five departments: General Wet Chemistry, Metals, Organics, Microbiology, and Field Services. We have a team of 10 employees to take care of our clients needs. Ft } 1.4 Mission Our mission at Sierra Analytical Labs, Inc. is to provide the highest quality analytical testing services, utilizing state of the art instrumentation and methodology. We seek to provide superior service in all aspects of our organization, while making each client, regardless of size, feel their individual needs are our highest priority. Our primary motivation is the desire to serve the environmental needs of our local community. € r i 1.5 Code of Ethics All employees are to adhere to the following code of ethical business practices. Any ethical infraction by any employee is grounds not only for immediate termination of employments but also for legal action against the offending employee. A. Will perform all work in a manner that's merits full confidence and trust l B. Will not engage in illegal practices or cooperate with anyone so engaged 't C. Will ensue the integrity of their data by complete adherence to the laboratory QA/QC Manual and Standard Operating Procedures, and will be diligent to expose and correct any errors that might be brought to light D. Will maintain as their first priority the common needs of the community, and will at all times contribute as responsible and profitable members of society E. Will work and act in a strict spirit of honesty and fairness to clients, and in a spirit of personal �1 helpfulness and fraternity towards fellow employees F. Will advise clients of the probability of success before taking on a project, and will not accept work that would constitute a conflict of interest 3 G. Will ensure the confidentiality of all data and information provided to their clients i H. Will only perform testing services for which they have consistently demonstrated full compliance with high quality, legally defensible performance standards I. Will demonstrate the positive qualities of enthusiasm, diligence, responsibility, imitative, integrity, honesty, kindness, and patience in dealing with both clients and fellow employees J. Will not accept any of the following 1. Fabrication of Data 2. Misrepresentation of QC samples 3. Non acceptable instrument calibration procedures t 4. Modification of samples to alter their characteristics 5. Improper and unethical manual integrations 6. Manipulation of analytical results f 7. Substitution of samples, files, and data t 8. Falsification of records or instrument readings 9. Any form of fraud 2. Experience 2.1 Drinking Water Sierra Analytical Labs, Inc. has many years of experience meeting the analytical requirements of the Safe Drinking Water Act. Since our inception in 1990, we have been actively involved in routine microbiological, �} inorganic, and organic testing for large and small municipal water systems. We are certified by the State of a California for nearly all drinking water parameters, excluding asbestos and a few radiological and organic methods that are currently subcontracted. We currently perform regular drinking water testing services for nearly all the major cities within southern Orange County. f w x, i 2.2 Storm Water We are regularly involved in storm water testing in and around Southern California. We have several clients who are required to capture and analyze storm water samples at various times throughout the year. We have many years of experience in this line of work, as well as understanding the regulations. We have helped many clients establish routine sampling schedules that meet the requirements for their specific permits. We regularly arrange for after hours or weekend drop off times for "first rain event° sampling so we can successfully meet the short holding time testing requirements. We are also versed in submitting CEDEN reports and their requirements. 2.3 Hazardous Waste /RCRA We are experienced, capable, and certified to perform a wide variety of hazardous waste testing for a multitude of client applications. Our Metals department is experienced with TTLC, TCLP, and STLC digestion and extraction procedures for solids testing, followed by instrumental analysis that can provide the lowest possible detection limits for each requested parameter. We can also accommodate a wide variety of solid matrices for various nutrient, metals, and organic analysis. 3. Quality Assurance t Quality Control 3.1 Qualitv Assurance Plan Sierra Analytical Labs, Inc. operates under a written quality assurance program that includes routine internal audits, participation in all regular performance testing programs, and biannual audits from the California Environmental Laboratory Accreditation Program. All employees of Sierra are required to read, understand, and follow the Quality Assurance Plan at all times. A full copy is available upon request. 3.2 Proficiency Testing Sierra Analytical Labs, Inc. participates in all ELAP required proficiency testing programs, including annual Water Supply (WS), Water Pollution (WP), Hazardous Waste, and DMRQA to meet the requirements for our clients who have an NPDES permit. 3.3 Emolovee Training All personnel are trained to follow the QA plan and Standard Operating Procedures as written for each test method. All analysts are required to perform specific studies to prove proficiency in each method before they are allowed to begin analyzing samples for that method. All training information, documentation, and records are kept in each employees personnel file. 3.4 Confidentiality All data and reporting information that is acquired or produced by employees of Sierra Analytical Labs, Inc. is kept strictly confidential. No client information or analytical data is released to anyone who Is not named on the Chain of Custody form without the express permission of the Client named thereon. Employees who violate the established rules of data confidentiality are subject to disciplinary actions. u `k 3.5 Records and Data Retention All report Packages and raw analytical data hardcopies are archived for a period of at least 5 years, or the r minimum archival time required by law. Longer storage of both raw and analytical data and or actual samples can be accommodated and arranged per the client's specific request. 4. Certification 4.1 California ELAP The California State Department of Health Services Environmental Laboratory Accreditation Program certifies Sierra Analytical Labs, Inc. Our certification number is 2320. A copy of our certificate and complete list of approved compounds and methods is available upon request. 5. Instrumentation In order to maintain the ability to provide our clients with the highest quality data in the fastest turn around time possible, we strive to keep up with the cutting edge of technology for our industry. Below is a general listing of the various instrumentation and general laboratory equipment that we are utilizing at our facility. 5.1 Metais/Microbioloav • Perkin Elmer Corporation Optima 4300 DV ICP with AS-93p/us Autosampler and ICP WmLab software • Perkin-Elmer Corporation FIMS 400 Flow Injection Mercury System with AS -90 Autosampler and AA WtnLab software • Perkin Elmer Corporation Optima 8300 OES ICP with ESI SC2 DX auto sampler and ICP WINLAB software • DIONEX ICS -1100 with Dionex AS -DV and Dionex VWD with AXP pump and Chromeleon 7 software • Market Forge Sterilmatic Autoclave, Model STM -E, Ser#168427 • Precision Mechanical Convection Incubator, Ser#11AU-3 • Precision Scientific Scientific Coliform Incubator Bath, Ser#10ay-11 • American Scientific Convection Incubator, Model IS -61 • Fischer Scientific Isotemp Oven, Model 506G, Ser#810N0320 • Micro Master Phase Contrast Microscope, Model CK, Ser#80775 • Fisher Scientific Stereomaster Microscope, Model SPT-ITH, Ser#9008 • Mineralight Lamp Muitiband UV -254/366, Model UVGL-25, Ser# 0890 • Spectroline UV Lamp, Model EA -160, Ser#429522 • Kenmoore Refrigerator, Model 106-9268010, Ser#EA1029788 5.2 Organics • Agilent 689ON Series GC W/5973 MS CDS 7000 Purge & Trap 014552 auto sampler Split/split less inlet MS Chemstation for Data Analysis • HP 5890 Series II GC's 01 4560 Purge & Trap Of 4552 Auto sampler PID -FID in series HP Chemstation for Data Analysis • Waters Alliance System HPLC 2695 Separations Module 2475 Fluorescence Detector 2996 Photodiode Array Detector Empower Software • HP 6890 GC 6890 Controller 6890 Injector 6890 Auto sampler Tray ECD A ECD B Split/split less inlet HP Chemstation for Data Analysis • HP 5890 Series II GC 7673 Controller 7673 Injector 7673 Auto sampler Tray ECD Split/split less inlet HP Chemstation for Data Analysis • TOC Analyzer Shimadzu TOC -5000A Infrared Hydrocarbon Analyzer Buck Scientific Perkin Elmer Glarus 600 Integrated Auto sampler FID Detector Total Chrome Software 5.3 Wet Chemistry • Precision oven A • Precision Oven B • Fisher Isotemp 500 series Oven • HACH DR2000 Spectrophotometer • HACH DR5000 Spectrophotometer • Precision Oven Gravity Convection • American Scientific Incubator Model • Fume Hoods 1 • Dessicators (Fishers and Dry Keeper) • Fisher Scientific AR -15 pH Meter • Orion Conductivity Meter Model 160 • Furnace 1400 Thermolyne • New Brunswick Scientific Shaker • HACH DRB200 COD Hot Block • US Standard Sieves • lgeltic System, System 20 Digestor, Model 1015 (f N) • Keltic System, 1002 Distilling Unit by Tecator • Top Loader Balance, Fisher XL 1800 (2) • Thermo Orion 3 Star Conductivity Bench Top • Hach Oxygen Meter • Orion Dissolved Oxygen Electrodes (3) • Pensky Martin Flash Point Apparatu • Hach 2100 Turbidimeter 6. Personnel 6.1 Organization Structure See Figure I 6.2 Resumes Sierra Analytical Labs, Inc. has established a highly qualified team of chemist, analysts, and support staff. We place great emphasis on the character and integrity of our employees. Each employee is required to read, understand and agree to abide by our written code of ethics, and is expected to maintain adherence to this code throughout their employment. Included on the next several pages are the resumes of several key manager and Analysts. • Richard K. Forsyth, Owner/CEO and Technical Manager • Christopher Forsyth, Microbiology Supervisor • Mindy Froome, Quality Manager and Organics Manager • Andrew Kim, EDF Manager • Timothy Forsyth, Metals Manager A EDUCATION: R 1 c haid g K,,Fo Forsyth tab&'StDirector Laboratory Slerta Afill' I H.' Inc B.S.�Zoology.-and,Chemis California State: Ufiive!�sity,:'L666fBe6ch,-Caiifoi, Graduate Studies ,in Cyt6ld Califomia,$tate University, �ongOea h,dbfifor�ia . I . 0 .'. c_ -REGISTRATIONS 'Registqrqa..Environmeintal Assessor-, California AND.,,TRAINIkG: ;Hazardous Wa'st& Analytpal Testing Certificate r Hazardous -Materials Handling and�Res6onse Certificate EPA,Ddnk,i,hg,WalprSaiTipling.ptotocoI Cdrbfidate PROFESSIONAL EXPERIENCE: Sampling _and ,'anaIysqs,of various typps,pf-water .and-industdail!waste,,tonl, hip purity water systems to, hazardous waste generation. Complete knowlbdg eo procedures outlined by --EPA Staridard'Methods, ASTM., NIOSH, and OSHA- Pr6vide,consul.fing an and, problem,solving in: the :area .,of water- and,w4stqwater treatment. Kndwledge of.all areas of testing: Familiarwith,,permitsi, N.P.-D.E!S.,Storrn water-Programs,r Va _ Indust iaMastewater,�and Oquszlocal, state, arid. federal regulations. .MANAGEMENT: Responsible,for all Phases oflaboratory'operalOns. Training of chemists.an6,1echnicians, estq blishihg report _ formats, , Ireviewing and writing rd rts, workJhg interfac"th regulatory .agercies, clieht-relationship; "preparing budq t.sched ling, wdbhg,,prpposals and r,esponsi.ble,f.brriiai.ntai-ni.ngWI labor6tory certffic60,61hs. LABORATORY CERTIFICATION; Initiated and was r.esoonsible for all laboritqr�,.certifications .and.zippmvals under E.L.A.P., State of California, DepartmontOM, ealth SWces f6rMacDoriaId-Stephdns Labotatoribs, ]nc. and Health 'Scienbb:Associat6s. -Also have received,laboratory approvals;b-y the Sanitation District of Los- Ange!pscounty. INSTRUMENTATION ANP TECHNIQUES: Operati.on,,of_ Peikin - Elmer Atgmic.,Abtbr6iibn:-Sp!sqtrophotometer,.,Graphftd� Furnace, Hydride Techniques, Optima IqP-, Coleman .,,Miartury.Analyz6r.,."Gas Chromatoo Pyr ,,and,aIIIa4qi atory,eqqipment utilizediin inorganic chemistry, :-rap extractions, and metals. Area of expertise is'inorganic chemistry and meWIS.L familiar with Title 22. and Federal 'R!agi.ster-.pTocedUres_including T--TLC,,STLG, TCLP.-andvariodei§ample. preparations, and requirements. ANALYSIS QF ENVIRONMENTAL SAMPLES: Strong experience in a,wide.vadety.,ofpnalpis in. several matrices from water, saltwater, soil,.,sludge, oil and,air, with .emphasis -,on EPA metfiod§"and Standae&M6th6cls. In a IOISH-rh4thods for industrial hygiene. -Ax FIELD EXPERIENCE: Thirty-eight (38) years of field experience in sampling, site evaluations and problem solving. Complete knowledge of ISCO water sampling equipment and flow meters. Knowledge of all techniques of sampling from grab samples to 24- hour composites. Environmental site assessment for property in transfer. DEVELOPMENT: Have completed pilot studies and re -designed wastewater treatment systems for cyanide destruction and metal precipitation, allowing client to meet discharge requirements. Also, have performed various studies in chlorination, T.H.M. Maximum Potential, Boron Study (U.S. Borax), ocean studies for microbiology, rainwater run-off programs, industrial wastewater permits, NPDES permitting, and industrial surcharge reports. QUALITY ASSURANCE Have prepared, written, and enacted quality assurance programs to meet Department of Health Services, State of California, and EPA requirements. Participated in various quality assurance programs with EPA, PAT, (AIHA), and inter -laboratory studies. Investigation and additional analyses of sample, review of data and results in order to solve quality control and quality assurance problems. PROFESSIONAL HISTORY Laboratory Director/President, Sierra Analytical Labs, Inc. (1998 -Present) Laguna Hills, California Laboratory Director, Sierra Labs, Inc. (1994-1998) Laguna Hills, California Laboratory Director, MacDonald -Stephens Laboratories (1990-1994) Laguna Hills, California Chief Chemist, Water Quality Laboratory (1980-1990) Bellflower, California Senior Chemist, Amvac Chemical Corporation (1979-1980) Los Angeles, California Lead Chemist, Production and QA/QC Laboratory (1977-1979) McGraw Laboratories, Irvine, California AFFILIATIONS: American Chemical Society Local Section of the A.I.H.A., Orange County Section American Water Works Association Water Environmental Federation �•a 11 Chris" Forsyth MicroEi�oVVlogy Supervisor Sierra- .n''MEs;.,Inc. EDUCATION: Golden:West Community College, Hunbngton Beach, CA, United States, 1997-1998 Pacifica High School, Garden Grove, CA, United'States„High:School=Diploma, June 1996 =� TRAINING: Back Flow:.testing.Certificat& PROFESSIONAL-HISTOM SIERRA ANALYTICAL LABS, INC.; •Laguna Hills, CA, UniteStates Mlcrobioloay.,Department'Supervisor #ieldhServices.Director- September 2006—Present Perform•arid manage -Microbiology. Department” functtons,and.work including department maintenance and method- logbgoks • Data: Report and Review.including-electronic submittal through,the EDT Program • Manage alLFie,ld.Services including: Sampling according. to. the CA State Health Depadmentforthe fields of"Drinking,.Water-.and�GroundWater; ISCO_Sampling, Count -and State Discharge Permit programs, Flow Meter -,Set= -Up and°Readings„and Sample Pick -Up Scheduling. • Backflow Device testing -and repairs. Certified with "Orange County(Cert. #3003) o Completed;Backfiow Proven#ion Device Testers course, Santiaga".Canyon College 6/2015 o Completed Backflow�Prevention-Device Repair course SantiagogGanyomCollege-8/2015 3 Wet Chemistri�DeparfinentgSuoenrfsor May 2002 — September 2006 • Responsible for Wet Chemistry, Analysis. QA/QC Program, Reporting, Equipment -Maintenance, an6all 'Log Books • Completed. Training for,LIMS (Laboratory Intemal.Data Management -System) andlC Chromatography Instrumentation • As'sistedin the Microbiolo De artment and -Field -Service Projects Lab _ Technician June 1995 — April, 2002. Completed'Lab.Tech I and ll Training • Assisted idWetals Digestion Prep'forAnalysis 0 Assisted in Sample�Receiving.and Samplelog-In, NATIONAL HOT RpD;ASSOCIATION,.Glendora, CA, United, -States Chassis,frisbector May 2005 — Present • SFI, Certified Chassisanspector (#S07608). for the Pacific Division • In ,pe ct.all;levels:of Racecars for Drag Racingz.Compefitiomto insure they meet. the minimum safety z - requirements as governed. between NHRA-and the SFI Foundation. • Operate a "House Call" Program for customers throughout the Southern California Area year round • Certify 300-400 Racecars Annually Technical Director January 1999 — April 2002 • NHRA Pacific Division Tech Director • Oversaw technical inspection of all cars attending Pacific Division Races. Responsible for rules enforcement and interpretation, and providing the highest level of Customer (Racer) Service for Participants. • Managed all Race Staff, Scheduling, Payroll, Travel, Equipment Maintenance, Chassis Seminars, and National Record Teardown / Recording. • Presented the Tech Seminar and Re -Certification testing at the end of the year for all Tech Inspectors in the Division • Worked as a PRO Liaison at NHRA National Events throughout the year (14-16 Events / Year). Responsible for Initial Tech Inspection, Funny Car / Pro Stock Body Measuring and Template Verification, Chassis Certifications, and any determined Pre/Post Race Teardowns. Technical Inspector February 1996 — December 1998 • Inspected all Sportsman Level Racecars • Stock / Super Stock Teardown and classification • Fuel Check and Scales Tech • Liaison between NHRA and Sierra Analytical Labs for Fuel Analysis ADDITIONAL SKILLS • Experienced in Microsoft Programs (Word, Excel, etc), QuickBooks, Data Entry, Internet Explorer, and Social Media • Great with Customer Service both Over The Phone and In -Person • Enjoy the challenge of creating and enhancing working relationships with Customers / Clients. • Creating and executing case specific projects Mindy A Froome Organics Manager Sierra Analytical Labs, Inc. Education: BS in Environmental Science Chapman University, Orange CA Professional History Sierra Analytical Labs, Inc. Laguna Hills, CA United States Organics Manager June 2006 -Current • Knowledgeable of GC, GCMS, and HPLC instrumentation as well as CHEM station, Turbo Chrome, and Waters software • In charge of purchasing and budgeting for the Organic Department • Proficient in the following EPA methods: 504, 505, 515, 524, 552, 608, 624, 625, 8015 Diesel/Gas, 8021, 8081, 8082, 8151, 8260, 8207, 8310 • Experienced in Semi -Volatile extraction methods and procedures • Responsible for Data quality and assurance for the Organic Department Analyst June 2009 -June 2006 • Ran GC instruments for EPA 8021, 8015, 502.2 41 Interned in drinking water sample collection Affiliations: Delta Society Member (Pet Partner Volunteer Team) 2007-2011 One Hope Wine 2018 -Current ANDREW KIM Project Manager and Organics Chemist Sierra Analytical Labs, Inc. EDUCATION: Bachelor of Arts Degree in Chemistry, May 1988 Pomona College, Claremont, California Hazardous Materials Management Certification Program, 1992-1993 University of California, Irvine, California EXPERIENCE: Project management and client service administration. Extensive experience in interfacing between clients and laboratory personnel to meet the client's data deliverable requirements. Knowledgeable in quality control and quality assurance protocols and corrective action procedures. Analysis of various types of soil, water and hazardous waste by EPA Methods in stationary and mobile laboratories. Also knowledgeable and experienced in soil and groundwater sampling techniques. MANAGEMENT: Reponsible for the timely production of accurate data for delivery according to client's needs. Responsible for supervision of chemists and technicians in the organics analysis department. Training of chemists and technicians, writing laboratory SOPs, reviewing reports, client relations and scheduling. INSTRUMENTATION AND TECHNIQUES USED IN ENVIRONMENTAL TESTING: • Operation, maintenance and troubleshooting of Agilent 5973 Mass Spectrometers. • Operation, maintenance and troubleshooting of Agilent 5890 Series II GCs and Agilent 6890 GCs equipped with various detectors such as FID, PID, ELCD, EGD and MS. Operation, maintenance and troubleshooting of Perkin Elmer Clarus 600 GCs equipped with various detectors such as FID, and ECD. • Operation, maintenance and troubleshooting of 0.1. Analytical 4460A and 4560A Purge & Trap Sample Concentrators. • Operation, maintenance and troubleshooting of Dynatech Precision (Varian) PTA -30 W/S Purge & Trap Autosamplers and 0.1. Analytical 4552 (Varian Archon) Water/Soil Autosamplers utilized for EPA Method 5035 sample handling. • Operation, maintenance and troubleshooting of Shimadzu TOC -5000A Total Organic Carbon Analyzer. 0 Operation, maintenance and troubleshooting of Buck Scientific HC -404 Infrared Spectrophotometer. Project: Complete Analytical Services Sierra provides services seven (7) days a week to MNWD and the wastewater treatment plant. Sierra performs all daily, weekly, monthly, semi-annual, and annual testing to comply with all permit requirements. Sample pick ups are sone each weekday and MNWD delivers on weekends due to scheduling. 5. Client: Laguna Beach County Water District Contact: Kevin Lussier (KLussier@Ibcwd.orcr) Phone: (949) 494-1041 Project: Chemical and microbiological analytical services Sierra provides analytical services for a minimum of twenty (20) reservoirs a week to include Total and Fecal Coliforms, Plate Counts, General Physical, Etc. In addition, we perform TTHM and HAA5 testing on a quarterly basis. 6. Client: City of Huntington Beach Contact: Jon Erickson (ierickson@surfclty-hb.org Phone: (714) 960-8802 Project: Complete Analytical and field services Sierra provides complete laboratory services and support to the city of Huntington Beach, including sampling, sample pick-ups, and support of field operations. 7. Client: City of San Clemente Contact: Mark Iverson (iversonm@san-clemente.ora) Phone: (949) 361-8231 ) Project: Complete analytical services including 2417 on call availability to the water department. Sierra provides complete laboratory analysis to the City of San Clemente in reference to their drinking water, wastewater, rainwater run-off, sludge, waste, and any other needs that may arise. The service includes providing sampling containers, preservatives, chain of custodies, sampling, sample pick-up, analysis, and final reports. Sierra has been working with City of San Clemente since 1991. Sierra maintains the backflow program for the city with annual inspections, repairs, and certif!cation. 8. Client: Veolia Water, NA Contact: Mark Wippler (mark.wippPer@veoiia.com) Phone: (619) 662-7687 Ext: 222 Project: International Wastewater Treatment Plant Sierra provides complete analytical service to Veolia Water, NA. who operates the SBI WWTP on the border in San Diego. Sierra picks up samples 365 days a year and has been working with the plant since 1996. All reports are provided in Hard Copy and EDD format to comply with the NPDES t 4t I and International Boundary Commission, along with EPA. Sierra performs all the testing outlined in their NPDES permit for the wastewater plant along with all the transboundary river samples. In Addition to the above references, Sierra is now servicing: La Palms Water District Garden Grove Water District Westminster Water District Trabuco Canyon Water District r FEE & COST PROPOSAL FOR WATER QUALITY ANALYSES AND SAMPLING SERVICES (additional rates may be added as a separate attachment) NO. SAMPLE UNIT COST COMMENTS ANALYSIS/DESCRIPTION Gosj ?ey- S I w Fw- S1 Heterotrophic Plate Count $ 15.00 ujeer.1-t aC;MpL%uG (HPC) of ICS a ME,5 FLEW C&&vmc41E :EST S2 Chlorine Residual - Total $ 2 , S Q eN%_*j - 14QC44 Pr.?_ ifcuR F1 r L-0 4="w44ug T W -5-r S3 Chlorine Residual - Free $ 2.5'0 e�" - vfvAC+* Coliform — P/A - Tota!NC'st'E-: $ Z O ' 00 t F E. cot -t -r 401S S4 Coliform & E -Coli pd es ram Apo . ek0 Fors cn•sc�t�e�rscsTt+oa S5 Coliform — MPN — Total $ 20.00 Oa -M- Ir- e. cb� F�e-M Ona 4F .Sob r-°- Coliform & E -Coli cotac►neti.ra��'�L`���5 S6 Total Trihalomethanes $ (TTHM) S7 Haloacetic Acids (HAAS) $ 12 5 .O O S8 Odor $ IO.OD pEtt�-orach+Ei� �� 9 �� / rns S9 Lead & Copper $ 30.Oo Co c.o►�' + oDaR, ea..a9 S10 General Physicals $ 20.00 -tvtze�viTY HAr1R11 17ATIMI NO. DESCRIPTION UNIT COST COMMENTS Gosj ?ey- S I w Fw- M01 Routine Field Services $ 15.00 ujeer.1-t aC;MpL%uG of ICS a ME,5 apara 4 L �oFae=t oG M02 Call -Out $ l 00 . 00 Pr.?_ ifcuR MARK -LIP FOR ITEMS NOT NOTED ABOVE NO. Emergency Call -Out Z�•00 a Q-TQQ , "-"-. CA-apCwsF M03 (Outside Normal Business M2 oR. oPilEml.sG U2,& q'2 N A. % Hours) Labor 'f'"`zs MARK -LIP FOR ITEMS NOT NOTED ABOVE NO. DESCRIPTION PERCENTAGE M1 Material N. A • % M2 Equipment N A. % M3 Labor t NC wP4FD % ADJUSTMENTS Provide any anticipated rate/cost adjustments as a separate attachment, if necessary. 0 z� PROPOSAL ACCEPTANCE TO: City of Seal Beach REF: Water Quality Analyses and Sampling Services Sierra Analytical Labs, Inc. submission of this proposal is considered evidence that the proposal is acceptable in the format presented in the RFP for laboratory services. Sierra has no modifications or changes to the proposal. Sierra accepts the terms and conditions set forth in the sample agreement, and the proposal is valid for ninety (90) calendar days after the due date of January 16, 2023. Sierra Analytical Labs, Inc. 26052 Merit Circle, Suite 104 Laguna Hills, CA 92653 Agreement signed on the 161 of January, 2023, by Richard K. Forsyth, President and Rebekah Arnitz, Chief Financial Officer are authorized to negotiate on Sierra's behalf with the City of Seal Beach in reference to this RFP. Richard K. Forsyth President, Lab Director Sierra Analytical Labs, Inc. Rebek Arnitz( Chief Financial YJ cer Sierra Analytical abs, Inc. 1 } I A. LETTER OF TRANSMITTAL I. Proposer. Sierra Analytical Labs, Inc. 26052 Merit Circle, Suite 105 Laguna Hills, CA 92653 Phone No: (949) 348-9389 Fax No: (949) 348-9115 E -Mail: rickfcrsierralabs.net 2. Performance of Service: Sierra Analytical Labs, Inc., as a State of California approved laboratory under the FLAP Program, has the willingness and experience to provide you with the services you are requesting in your RFP and our capabilities outlined in this proposal. Sierra has over 20 years of experience providing services similar to this RFP. 3. Description of Similar Experiences Sierra Analytical Labs, Inc. provides similar services at this time, to several water districts throughout the area to include: Laguna Beach County Water, City of San Clemente, South Coast Water District, and South Orange County Water Authority. Sierra has the staff and experience in field services to meet your needs with over 70 years of sampling experience among the staff, along with the capability and expertise to meet your testing requirements. All requested testing in your proposal is done within the laboratory. Please refer to our Letter of Introduction. 4. Statement ofAvailability Sierra Analytical Labs, Inc. will provide you with a staff along with all the necessary resources required to meet you RFP. Sierra will provide you with a contact list thus enabling you to be in contact with the Iaboratory 24 hours a day, 7 days a week. At this time, Sierra provides service to one of our clients 365 days a year in San Diego, and we have been doing this since 1996, so we have more than the capability to meet your needs. 5. Signatory Authority I, Richard K. Forsyth, have the authority as Lab Director and President, to bind the proposal presented by Sierra Analytical Labs, Inc., this 161h day of January, 2023. Richard K. Forsyth /--/&- Za Date 4_ ^Gontrac =:. tors Sau�pplem4enta r-oposal. 47 'Y� 1"N" hard Fd'rsy th,-5rickf@sierraldbs.net> Sent:Fritlay,;March 3, 202 -- PM'- 31254 ,To: Darrick Esco6edb, < D'Es co bed o @sea I beach caeg&A Sulbject:'Cost Pr- 6 p9sal Darrick Esc beclo, $ibrra,AnalytqalIabsjnc. appreciatesthe'Opp9 rtuni 2provide- ' , .." -: ' you with,the- followingproposalforthe Odor RdfrioViriSystem. T e,Pyojectincludes ;a ,e monitoring of the raw Water and:tteatedwater before qnc>afterzhl rination. The costs -are:, s ,$10:00 per -sample, Odor is $10'00; persample,.TotaL.Coliform is $20.00 per. le and -HPC is $-ij00,--Persamplb., If'Sierra,perf ims the'sariiplihg-'the,charge will'be $50.00 per bvenit;. if Sierra.is within the ,,city ,:p-erformihgebacteriastm`pli'ng. Additidnial sampling days or pick-up will'inclucle. travel',time,of.$75 .00!'Plu's ihe.sampling,ch,arge.'If-sarrf 'g'isnqt requirdd, theremill onl,Ylae,t�e travel, -p in charge, lf.yo,u-.have'any"'que'stions plea,se-feeffreeto."contact Chris or Myself at.Siorra. 94973487-9389. Thank you . very much, Rick Forsyth: PS.I apologize for, th&,clellay forwarding t,&proposa,L Sent;from rnyIPacl EXHIBIT D TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. AC40R"0 CERTIFICATE OF LIABILITY INSURANCE rATE (MMfDDNYYY) 5/9/2023 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 policy(ies) must have ADDITIONAL INSURED provisions or 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 Pinnacle Brokers - Southern California 18302 Irvine Blvd., Suite 250 Tustin CA 92780 CONTACT PHONE FAx N Ext): 714-665-8700 AIc No: 925-952-8681 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# 2/12/2023 INSURERA: Capitol Specialty Insurance Corporation 10328 License#: OM93299 INSURED SIERANA-01 INSURERS: Allmerica Financial Benefit Insurance Company 41840 Sierra Analytical Labs Inc. 26052 Merit Circle, Ste 104 Laguna Hills CA 92653 INSURER C: Sequoia Insurance Company 22985 INSURER D: Hanover Insurance Company 22292 INSURER E: PRODUCTS - COMP/OP AGG $2,000,000 INSURER F: B CAVFRAGFS CERTIFICATE NUMBER: 818416176 REVISION NUMBER: 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 ADDL SUBR POLICY NUMBER MMIDDPOLICY EFF MM/DD EXP LIMITS A X COMMERCIALGENERALLIABILITY CLAIMS -MADE I -XI OCCUR Y Y EV20230069-01 2/12/2023 2/12/2024 EACH OCCURRENCE $1,000,000 DAMAGE PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY S1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ JELOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 Pollution Aggregate $2,000,000 B AUTOMOBILE LIABILITY IX ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY AWFA993975 2/12/2023 2/12/2024 (CEO accidentMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIAB HOCCUR CLAIMS -MADE EX2023007001 2/12/2023 2/12/2024 EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 DED I I RETENTIONS S C, WORKERS COMPENSATIONY AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNER/EXECUTIVE YIN OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below QWC1262218 2/12/2023 2/12/2024 X STATUTE OERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 D A Property Professional Liability FHF-A993976-07 EV20230069-01 2/12/2023 2/12/2023 2/12/2024 2/12/2024 BPP 2,508,527 Aggregate Limit 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Seal Beach, its elected officials, officers, employees, and agents are named as additional insureds with respects to the services or operations performed by or on behalf of the Contractor. f�r•r1Tlr'II+I�TG unr n013 rtANCFI I ATInN CcJ7ytlif-LU"IOHt�VRUVVRI'Vtw�wrv. r+u��yuw�Cac�vcu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 -8th Street Seal Beach CA 90740 AUTHORIZEDREPRESENTATIVE C 7/ CcJ7ytlif-LU"IOHt�VRUVVRI'Vtw�wrv. r+u��yuw�Cac�vcu. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Forms apart, of Policy Flo:. EV20230069-01 issuingtompany: Capitol Specialty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization This endorsement modifies insurance provided under the Environmental Policy, for the following: Commercial General Liability Coverage Section Contractors Pollution Liability Coverage Section It is hereby understood and agreed that the following changes are incorporated into the Coverage Form(s) / Coverage Section(s) listed above. If the Commercial General Liability Coverage Form is listed above, defined terms shown in bold may appear in quotations in such coverage form. Schedule Name of Additional Insured Person(s)- Location(s)ofCoVered Operations or Organtidtion(s)., Any person or organization for whom you are performing All locations where "your work" is performed as specified "your work" when you and such person or organization have in the contract or written agreement between you and the agreed in writing in a contract or agreement that such person Additional Insured(s). or organization be added as an Additional Insured on your policy. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Bodily Injury, Property Damage or Personal and Advertising Injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to Bodily Injury or Property Damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of Your Work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The Section entitled TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of the Coverage Form or Coverage Section listed above is amended by the adding the following: We waive any right of recovery We may have against the person or organization specified in the above Schedule because of payments We make for injury or damage arising out of Your Work done under a written contract with that person or organization. This waiver applies only to the person or organization specified in this Schedule. D. This insurance shall be considered primary with respect to other valid and collectible insurance available to the Additional Insured for damages or Loss We cover under the Coverage Form(s) / Coverage Section(s) specified above for the Additional Insured. It is also agreed that any such other insurance available to the Additional Insured shall be non-contributory, and We shall not seek contribution from such other insurance. ENV 167 (05-16) 0 2016 Cap5pecialty, Inc. All rights reserved. Page 1 of 2 Forms a. part of Policy No.: EV20230069-01 Issuing Company: Capitol Specialty Insurance Corporation Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization Continued If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations. All other terms and conditions of this Policy remain unchanged. Authorized Representative ENV 167 (05-16) © 2016 CapSpecialty, Inc. All rights reserved. Page 2 of 2 Forms. a. part of Policy No.: EV20230069-01 Issuing Company: Capitol Specialty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement modifies insurance provided under the Environmental Policy for the following: Commercial General Liability Coverage Section Contractors Pollution Liability Coverage Section It is hereby understood and agreed that the following changes are incorporated into the Coverage Form(s) / Coverage Section(s) listed above. If the Commercial General Liability Coverage Form is listed above, defined terms shown in bold may appear in quotations in such coverage form. Schedule Name. of Additional Insured: Person(s). or Organization(s) Locations), and Descriptions) of Coveted Operations Any person or organization for whom you are performing All locations where "your work" is performed as specified "your work", when you and such person or organization have in the contract or written agreement between you and the agreed in writing in a contract or agreement that such person Additional Insured(s). or organization be added as an Additional Insured for Completed Operations Coverage on your policy. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for Bodily Injury or Property Damage caused, in whole or in part, by Your Work at the location designated and described in the Schedule of .this endorsement performed for that additional insured and included in the Products -Completed Operations Hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III —Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The Section entitled TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of the Coverage Form or Coverage Section listed above is amended by the adding the following: We waive any right of recovery We may have against the person or organization specified in the above Schedule because of payments We make for injury or damage arising out of Your Work done under a written contract with that person or organization. This waiver applies only to the person or organization specified in this Schedule. D. This insurance shall be considered primary with respect to other valid and collectible insurance available to the Additional Insured for damages or Loss We cover under the Coverage Form(s) / Coverage Section(s) specified above for the Additional Insured. It is also agreed that any such other insurance available to the Additional Insured shall be non-contributory, and We shall not seek contribution from such other insurance. ENV 168 (05-16) © 2016 CapSpecialty, Inc. All rights reserved. Page 1 of 2 Forms a part of Policy No.: EV20230069-01 !'Issuing Company: I Capitol Specialty Insurance Corporation Additional Insured — Owners, Lessees or Contractors — Completed Operations Continued If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and endorsements on the Declarations. All other terms and conditions offthis Policy remain unchanged. �&" 7X!6- �� Authorized Representative ENV 168 (05-16) © 2016 CapSpecialty, Inc. All rights reserved. Page 2 of 2 Policy Number: EV20230069-01 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY., PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization when you have agreed in writing in a contract or agreement to waive your right of recovery against such person or organization. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 2/12/2023 Policy No. QWC1262218 Endorsement No. 0 Insured Sierra Analytical Labs Inc. Premium $ 3,605 Insurance Company Sequoia Insurance Company Countersigned by WC 04 03 06 (Ed. 04-84)