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HomeMy WebLinkAboutAgenda Report - January 4, 2023 C-09CITY OF <Aft 011r Z10zt� CALIFORNIA COUNCIL COMMUNICATION AGENDA ITEM Cft 4R AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Global Labs, Inc., of EI Dorado Hills, for Laboratory Services ($225,000) MEETING DATE: January 4, 2023 PREPARED BY: Public Works Director RECOMMENDED ACTION Adopt resolution authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with Global Labs, Inc., of EI Dorado Hills, for laboratory services, in the amount of $225,000. BACKGROUND INFORMATION: The City of Lodi's water, wastewater, and stormwater facilities are operated under various permits issued and regulated by the State of California. On May 6, 2020, Council authorized a Professional Services Agreement with Global Labs, Inc., in the amount of $150,000 for laboratory services related to the City's water, wastewater and storm drain operations. Amendment No. 1 was executed in November of 2021, adding an additional $100,000 to continue services through the present. While some of the analyses can be completed by the City's certified laboratory, other samples must be measured at concentrations as low as a few parts per trillion. Samples analyzed to these low concentration levels require a laboratory with appropriately qualified staff and very specialized equipment. Global Labs, Inc. is a highly qualified laboratory services company that has demonstrated their ability to meet the City of Lodi's laboratory service needs. Laboratory services are performed on a time and material basis at intervals determined by the State issued permits governing the City's water, wastewater and storm drain operations. Amendment No. 2, if approved, will accomodate 2023 price adjustments and add an additional $225,000 to the current contract amount for a total contract amount of $475,000. The additional funding request is expected to provide funding through the end of April 2025 if the final, one-year option to extend is approved. Staff recommends authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with Global Labs, Inc., of El Dorado Hills, for laboratory services, in the amount of $225,000. APPROVED: --- Stephen Schwabauer, City Manager \\pwadc02\msc$NGROUP\ADMIN\Council\2021\11032021\Global Labs\CLS CC.doc 12/21/2022 Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Global Labs, Inc , of EI Dorado Hills, for Laboratory Services ($225,000) January 4, 2023 Page 2 FISCAL IMPACT: Funds for the laboratory services are budgeted in the Water/Wastewater Operations and Watershed Education budgets. This project will not impact the General Fund. FUNDING AVAILABLE: Fiscal Year 2022/23 Budget: Water Production Operating Fund (56052003) Water Plant Operating Fund (56052005) DBCP Monitoring Fund (56052008) Wastewater Plant Operating Fund (53053003) Storm Water Maintenance Fund (53053005) Andrew Keys Andrew Keys Deputy City Manager/Internal Services Director U, 2 1 -2 Charles E. Swimley, Jr. Public Works Director Prepared by Travis Kahrs, Water Plant Superintendent CES/TK/tw Attachment Signature: Q^r Xnp Email: akeys@lodi.gov R:\GROUP\ADMIN\Council\2020\05062020\CA Laboratory Services\CLS CC doc 12/21/2022 AMENDMENT NO. 2 GLOBAL LABS, INC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this day of , 2023, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and GLOBAL LABS, INC., a California corporation (hereinafter called "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on June 17, 2020 and Amendment No. 1 on November 17, 2021 (collectively the "Agreement'), attached hereto as Exhibits 1 and 1A, respectively, and made a part hereof; and 2. WHEREAS, CITY requested to extend the term of the Agreement to April 30, 2024; and 3. WHEREAS, CITY requested to increase the fees under the Agreement by $225,000, for a total not to exceed amount of $475,000, as set forth in Exhibit 2, attached hereto and made part of; and 4. WHEREAS, CONTRACTOR agrees to said amendment; and NOW, THEREFORE, the parties agree to amend the not to exceed amount and the fee schedule under the Agreement as set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation Herein above called "CITY" By: STEPHEN SCHWABAUER City Manager Attest: OLIVIA NASHED City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney GLOBAL LABS, INC., a California corporation Hereinabove called "CONTRACTOR" By: SCOTTFURNAS President Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE sectlon 1.1 des THIS AGREEMENT is entered into on c ItJ0C� 17 2020, by and between the CITY OF LO01, a municipal corporation (hereinaRer "CITY', and CALIFORNIA LABORATORY SERVICES, dba GLOBAL LABS, INC, a California corporation (hereinafter "CONTRACTOR"). Sactlon 1.2 Pu rear ge CITY selected the CONTRACTOR to provide the services required In accordance with attached Scope of SeNces, Exhibit A. attached and incorporated by this reference. CITY wishes to enter into an agreement with CONTRACTOR for laboratory services (hereinafter "Project") as set forth in the Scope of Services attached here on Exhibit A. CONTRACTOR acknowledges that R is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Sc -ape of ScrviCis CONTRACTOR, for the benefit and at the direction of CITY, shall perform the Scope of Services as set forth in Exhibit A. Section 22 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth in Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated in the Scope of Services. CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated in the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames. The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, ads of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return ati comments. Seotlon 2.3 Meetings CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 §fAMr-tg CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and an the qualifications of CONTRACTOR's principals and staff as Identified in Its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY Is granted the right of approval of all original, additional and replacement personnel at CITY's sale discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein_ CONTRACTOR represents that it has, or will have at to time this Agreement Is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be imposed against CITY under this Agreement. Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 D The term of this Agreement commences on May 1, 2020 and terminates upon the completion of the Scope of Services or on April 30, 2023, whichever occurs first. Section 2.7 011tinra to L-xte-iid Tuan at Agroeinr7��t At its option, City may extend the terms of this Agreement for an additional two (2) one (1) -year extensions; provided, City gives Contractor no less than thirty (30) days 2 written notice of its intent prior to expiration of the existing term. In the event City exercises any option under this paragraph, all other terms and conditions of this Agreement continue and remain in full force and efllect. The total duration of this Agreement, including the exercise of any option under this paragraph, shall not exceed five (5) years. ARTICLE 3 COMPENSATION Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal. attached hereto as Exhibit B and incorporated by this reference. CONTRACTOR shell not undertake any work beyond the scope of this Agreement unless such additional work Is approved in advance and in uniting by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, individual performing said work, hourly rate, and Indicating to what aspect of the Scope of Services said work is attributable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 gQIM The Fee Proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those Inherent in the original Scope of Services shall be approved in advanced and In writing, by CITY. Section 3.4 Audi in CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and 3 Inspecting and copying such books, records, accounts. and other material that may be relevant to a matter under investigatlon for the purpose of determining compliance with this requirement CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement. CONTRACTOR shall not discriminate in the employment of Its employeas or In the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Sedlon 4.2 ADA Compilance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA. Sectlon 4.3 Indemnification and Responsibility for Damaq CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense Is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at its election, conduct the defense or participate in the defense of any claim related in any way to this indemnification. If CITY chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnificatlon, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs, The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein - 4 Section 4.4 No Personal Liabilit Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. Section 4.5 Rmonsiblilty of CITY CITY shall not be held responsible for the care or protection of any material or parts of the worts described In the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and Incorporated by this reference. Section 4`7 5ciccr. ;snrs :unci A,�ir�r, CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of Use others. CONTRACTOR shall not assign or transfer any Interest In this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notcam Any notice required to be given by the terms of this Agreement shell be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first close or certified mail, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Travis Kahrs To CONTRACTOR: Global Labs, Inc. 3249 Fitzgerald Road Rancho Cordova, CA 95742 Attn. Scott Furnas Section 4.9 g2opei - ion,of CITY CITY shall cooperate fully and in a timely manner in providing relevant information it has at its disposal relevant to the Scope of Services. 5 Section 4.10 CONTRACTOR is Not _an_Emolowe of CITY CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, it shall act as an independent contractor for and on behalf of CITY and not an employee of CITY. CITY shall not direct the work and means for accomplishment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4,11 Termination - CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shalt be entitled to payment as set forth in the attached Exhibit 8 to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered Into by CONTRACTOR with third parties in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY Is subject to the Callfomia Public Records Act. Section 4.13 Applicable Law, JurisdictFoit, Severability, and Attorney's Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shalt be Inoperative, null, and void insofar as It is in conflict with said laws, but the remainder of this Agreement shall be in force and effect. in the event any dispute between the parties arises under or regarding this Agreement, the prevailing party In any litigation of the dispute shall be entitled to reasonable attorney's 6 fees from the party who does not prevail as determined by the San Joaquin County Superior Court. Section 4.14 City eusiness License Requlrement CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 416 S;gE)t19l3g The captions of the sections and subsections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any question or interpretation or intent hereunder. Sectlon 4.16 Integration and Modification This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties. Section 4.17 Contract Terms Prevail All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terns of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 ,everabillty The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Section 4.18 Ownership of ❑ocurnents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnity, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were intended. 7 Section 4.20 AuthQritj The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.21 Fedural Transit Funding Conditions ❑ If the box at left Is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agrsement as of the date first above written. ATTEST: CITY OF LODI, a municipal corporation 1.Li.�r STEPHEN SCHWAQAtIER City Manager APPROVED AS TO FORM: CALIFORNIA LABORATORY SERVICES, dba GLOBAL LABS, INC., a JANICE D. MAGDICH, City Attorney California corporation Sys F By:._� Name: SCOTT FU S Title: President Attachments: Exhibit A — scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements Exhibit D — Federal Transit Funding Conditions (If applicable) Funding Source: SGOS200-3 12,1511,.5052005.72450, 53053003 12.150, 5305311U5 1245U (Business Unit i Account No.) Doc ID:R:%GROUPtADMIN1Council12o2010500202MCA Laboratory ServlceslPSA doc CA.Rev.01.2015 0 Exhibit A CALIFORNIA LABORATORY SERVICES C.,n.T111+d R.+pan•tvr. Flr+Iblr. 3249 Fitzgerald Road, Rancho Cordova, CA - 95742 -1.800.638-7301 I Fax: (916) 638-4510 www.cW*fomialab.com CLAP # 1233; S6 #2916; NAICS 541380 DEAR CLIENT, CALIFORNIA LABORATORY SERVICES (C.L.S. Laboratories, Inc.) is a well-established, envIm mer(al lebwatory committed to providing the environmental Industry wkh high-quelky analytical testing services. Our laboratory 13'orated at Rancho Cpr[tUVrI. CA. Our laboratory performs work under State c"111ation programs and we are cedlftd in the Stste of California through the Department of Pubic Health, Environmental Laboratory Accreditation Program. Our laboratory perforins organic, inorganic & bacteriological analyses of • Drinking Water - Solid waste - Petroleum fuels Waste water - Soil - Sludge & Hazardous Waste Founded in 1982, our facillty encompasses over 16,000 square feet of lab space, housing high-resolution instrumentation and highly trained chemists. We are also positioned to offer your company a wide range of first class environmental analytical chemistry that satisfies State and Federal regulations such as: - CCR Title 22 Drinking Water - CERCLA (Superfund) - NPOES Permits ■ UST Sites - RCRA - EPA California Laboratory San&" is determined to help you succeed. With that in mind, we will provide you with the highest quality standards and legally defensible data that are technically valid and scientlRcally sound to satisfy government requirements and meet all your project goals. QA1QC PROGRAM Our QA= abjectives are designed to ensure rellabiW and repeatability of analytical chemical data. In order to ensure integrity of data, our instruments are routinely calibrated and our chemists undergo periodical audits, ethics, proficiency testing and training reviews to guarantee that the analytical procedures, rules and regulations set forth in our Quality Assurance Manual and Standard Operating Procedures are meticulously followed. ANALYSIS REPORTING OPTIONS We utilize Promium's Element Laboratory Information Management System [LIMS] for all our laboratory data management operations, including final report generation and electronic data deliverables (EDD). The reports for the analysis of your samples can be customized to your specifications and can be delivered to you via email in PDF format. In addition, we offer various other formats such as Excel, CSV, XLM, FoxPro, Access, WaterTrax, Geotracker and many others. TURN -AROUND TIME (TAT) We have a standard 5 -business day TAT. However, to help you reach your goals in a timely manner we offer you the option of same day or 24, 48, 72 & 96 -hour TATs. Please contact our Client Service Representatives for more information. CLIENT SERVICES For Immediate response to any of our laboratory services and prices, please contact one of our sales team members in the area. Rancho Cordova, CA; 1.600.638.7301 CALIFORNIA LABORATORY SERVICES i, Committed. Responsive. Flexible. L C)liCANIC•AIMAL1113M GC-GC/MS VOLATILESt 1,2,3 TCP EDB and/or ODCP 00114S Semi -volatile Otganica OC/MS Volatile Organics Et,uWMeOWAlcohub Trihalomethanes TPH-0 + VOC PETROLEUM FUELS; 50sygeaotes (DIPE,ECBE,MIBE,'CANIE;CBA) 7 Oxygenales (DIPE,ETBE,MTBE, T'4,ME,TBA, Et0H,Me01i) n -Hexane Extractable Malarial (Oil Ba Groasu) a•Heaaoc F..xlraclable Maaerial, w/SGT ITRPH) TPH (Gasoline and BTEX) TPH (Gasoline and B'I'F.X/fvTMC) TPH (Gasoline) TPH Extracrablea (Dicsei/Oil) GC/RPLC SEMI -VOLATILES Acrolein & Acrylonitrile Formaldehyde Fonrlaldehydc Phenols Phthalate Esters P,Aynucleur ,Aromatic HydrncarhuaS PC Rs: Polychlorinated Biphenyls (PCBs) Polychlorinated Biphenyls (PCBs) P ESTICIDE:S/HER RIC ID ESt Prowel Chlolaphunoxyacid Herbicides Organochlorine Pesticides Organophosphonis Pesticides Pcslicides and PC19s Trianzinu Puslicidcs Exhibit B Mace u11T4111lective 1M120 ,17/31120 isCWTIrrx MrMOD bl 81L= Willer SRL 524 -TCP 75 Water/Suil EPA 504/624/0260B 75 Water/Soil/Other EPA 625/8270 245 Water/Suil/Olher EPA 524/624/826013 110 Water/Suil EPA 8015 90 Water EPA 524/624 90 WatedSall/Other EPA 80MV8260B 135 Wafer/Soil EPA 82608 50 Water/Soil GPA 801.5/82600 125 Waiter/soil EPA 1664A 60 Water/Soil EPA 1664A wISG'r 65 Water/Soil EPA 801 SM/8260B 45 Water/Soil EPA 801SM/826013 50 Water/Soil EPA 8015NUS2608 S5 Waiter/Soil EPA HO 1510 55 WaledSoil EPA 8260 110 Wafer EPA 11915 195 Soil EPA 8315 ,150 Water/Suil H.PA 625/8270 175 Waler/Soil EPA 625/8270 175 Walcr/Soil EPA 6 [0/8270/8710 175 Water EPA 508/608/81182 60 oil/Suil/Wipe FPA 8087. 55 Water/Soil FP \ 40H i,\ 200 Waiter/Suit FTN i 5,3 I s I A 105 Water/Soil EP,\ 5118/6,118/i@81 A 86 WaturlSoil P\ h 4,81 a:: 165 Water/Soil P \ !0V08 120 Walcr -PA Sh7 175 PROP. 65 -CONSUMER PRODUCT SUPPORT: Phlhslales Metals Sample Surface Area Calculation (Minimum I Hour) CROUP ANALYSIS: Drinking Wafer Malals (Ag, AI,As,B,Ba,Be,Cd,Cr,Cu,Fe, Hg,W,N i,Pb,S b,S e,TI,V,Zn ) CAM Metals (17) (As, Hg, S b, B a, B e, C d, C r,C o, C u, P b, M o, Ni, S e, A S, T I,V,Zn ) LUFT/PET Metals(5) (Cd,Cr,Ni,Pb,Zn) Priority Pollutant Metals (13) (Ag,As,Sb, B e,C d,Cr,Cu,Pb, Hg,Ni,Se,TI,Zn ) RCRA/TCLP Metals (8) (Ag, As,Ba,Cd,C4Hg,Pb,Se) INDIVIDUAL ANALYSIS (PER METAL): Cr+6, With Pruservalion CtI6 Cr+6 Cr+b Cr+6 Cr+6 Cr+3 Ferric Iron Formus Iron Mercury, Cold Vapor Metals [CP Metals 1CPJMS UI:1NORG&NIC .ANALYSIS General Minerals: (Alkalinity, Calcium, Chloride, Fluoride, Hardness, Potansium, MEAS, Magnesiun Sodium, Nilrale, Specific Conductance, Sulfate, rural Dissolved Solids, & pH) Central Physical: (Color, Odor, &'turbidity) Acid Gouaration Potontial Acidity Alkalinity Ammonia BOD Bromide Chloralc Chloride Chlorine COD Culor Canductivily C:nnductivity Cvnnide Cyanidr. Anrmcnahlc Dissolved O'ygen Di,,s dived Fixcd Soiid� +lash Paull (IgnartNigt Fluoride Hnrducss iunde Iangiier Index ('N' iiencnll �lioc-ll ,Anairiul L,m,lie: ;.IIIG\ :W'(' r -ental fViiiwcral -waly r.I Object CPA 8270 195 Object EPA 6010/6020 25 Object CLS Lelia 100/Hr. IIfATM vwnM 1RICT Water EPA 200 Series 165 Waler(Other BPA (7010/6020/7000 L48 Water/Other EPA 6010/6020 75 Water/Other EPA60[0/602U/7000 125 Water/Other EPA 6010/6020/7000 115 Wafer EPA 218 6 45 Water EPA 218.6 65 Scil/Olher EPA 7199 65 Water EPA 7199 65 Soil / Other EPA 7196 65 Water EPA 7196 65 Water EPA 200 J CALC. 60 Water EPA 200 / CALC. 100 Water SM 3500 -Fe -D 40 Water/Other EPA 245.1/747017471 35 Water/Other EPA 200.7/6010 16 Water/Other EP.A200.8/6020 16 MATRIX :ME C)D, VNITI MIe'L Water LrP AJSTDM 165 Wator EP VSTDM 10 Water CPAr81'0N1 130 Water CPA N5,1 50 Water Shit 2,;21111 26 Wnrer/Olher 5Yl4Jt)l,IJJ3 F ('197 40 Water/OTher .SM`2IOB 40 Water/01her EPA 10o,t) 23 Moor GPA 300.0 L3 WalcuOthcr L 3 700 0 d Wa1cr �Ma500 �l.''l 12 Water/Otter °?A 110.4 411 Wlncr ti;v12.2U13 12 .Nater I "A `0 1 l2 Soil !'.f'A I''.0 18 Wulcr/Ulba SMI 500-C l'i I':9u 11 45 Water101hel �!04500•CN C 45 'Nnmr Si.14 7(10:1-� � I% WalovQlher SPA 17,0•. 7.t WIUer/Cllior 6"A IIIIi1 75 ''volet/01hur =PA ?Oil U _„ `:Vater SAIa., IOH 36 `.4'�Icdl`Ihcr G�'s �11r,, rq Wnlerrt gher xi 'Nnler,l illic� IPI MATRIX METHOD 111UR Palen &BAS Surfactant Water/Other SM5540C 29 Neutralization Potential Soil EPA 670 125 Nitrate Water/Other EPA 300.0 l8 Nitrate Waler/Other SM4500-NC3E 30 Nitrate/Nkrile as N Water EPA 300.0 20 Nitrale/Nitritc as N Water SM4500-NO3 E 30 Nitrite Water/Other EPA 300.0 18 Nitrite Water/Other SM4500-NO20 30 Odor Water EPA 140.1 12 Ortho-phasphnte Water EPA 300 Is Ortho -phosphate Water SM4500-P 45 Point Filter Liquids Test Water/Other EPA 9095 150 Percent Moisture/Solid SuiUSludge SM25403 25 Perchlorate Water EPA 300.01314.1 65 pH Water SM450014 B 12 pH Suil/Olhar EPA 904OB19045C l8 Phenols Water/Soil EPA 420 1 65 Phosphorus, Total Water/Other SM4500-P 40 Reactivity Water/Other SW 946 too Reactivity/Corrasivity/lgnitability Water/Other EPA Methods 190 RedaxPOtenlial Water/Soil SM2590 39 Salinity Water SM2I OB 50 Specific Gravity WatedOlher SM 271 OF 50 Sulfate Water/Other EPA 300,0 l9 Sulfide Water/Other SM45008-F 4n Sulfile WaterlOther SM4500S03-11 40 SUVA Water/Other SM591 OBISM53 100 45 Tanins & Lignins Water SM5550B 50 Total Dissolved Solids Water/Olhor SM 2540C 25 Total Kjeldahl Nitrogen Water/Other SM450ONE13 F 1997 45 Total Organic Carbon Water Sbf53103 40 Total Settleable Solids Water SM254OF 23 Total Sulids Water/Other SM25409 or G 25 Total Suspended Sol ids Water/Other SW540D 30 Total Volatile Suspended Solids Water EPA 160.4 38 Total Vululilu Solids Water EPA 160.4 30 Turbidity Water SM213013 12 UV254 Water SiM59LOB 45 irMww9alK rPxc^E M TRUC M1111711013 LINMPRlc151 Coliform (PreaenceJAbsence) - RUSH -3 Days or Lees Water/other STDM 9223 35 Heterotrophic Plate Couat- RUSH -3 Days or Less WaterlOtber STDM 9215 38 Colit'omi (Presence" Absence) Water/Other STDM 9223 30 Colitbm (1 O.tune) Water ti l'DM 9221 35 Colitorin (Quantitray) Water/Other STDM 9221 35 Cotifamt, Tutai & Pccal (15 -tubo) WUlur/Olhur STDM 9221 41 Cntifarm, "Cntal, h'ecal & l: Coli (I5 -tube) Water/Other S MM 9221 43 Coliform Tolol, Focal & E- Coli (7.5 -lube) Watcd011ter STDf l 9221 53 ColifurmTolnl, fecal & E Coli (33-40e) Water/Other 19'17DIv19221 63 HctcrolmphicPlolcCoual Water/011ier STUM9215 35 Fecal S(reptucauci Water/Other STDA49230 60 V SUBCONTRACTED ANALYSES MATRIX METHOD UNIT PRICE RiWISSA)'- f'ule22 RozurdonsWaslu{Surwn) All 400 divassay- Amro Ioxicay Water Cail ra( Qu(:lC 13ioadsay - ChrouicTuxwcity l{rluor Call Itv Quotc Carbomalcs Writer I25 Cal hwnatcs Skid/Water i.0') OiquavValvquat Water RIl Efidw rdl %Vale( 2p 0 vphoswn WnICI' ! ) �-fa1p 'u; clue Ands -I Wator y'Ic(cury, M,tnyl lYmer il I41cIa15, ij," VY:llor << Hrnnu,tI;: Y4'Icr ! Total Organic Carbon 50.1 EPA 9060 90 Total Organic Halides - TOX SONOlher EPA 9020 190 Gross Alpha and/or Data Water EPA 900 55 Radon Water SM7500PA 65 Rudium 226 Water BPA 903,1 155 Radium 228 Water Ra -05 215 Strontium 90 Water EPA 905.0 155 Tritium Water EPA 906.0 90 Uranium Waley EPA 9011,0 125 Y\ ■ti.'IMVCALOOPl t NAZKWM6WAM ANALYM& 11111TSIM tM AIER t XMIktrnewallAWLEPm Archive (Extension beyond 60 Days - Not to exceed 90 Days) CLS Labs 3 Filtration (0.45 Micron) CLS Labs S Composite (per Sub Sample) CLS Lsbs 3 STLC Califbmia WET: C pato Buffer or D.I. Water Title 22 68 TCLP Sarni -volatile Orgenlos/Paslicid"Wlatels Extraction EPA 1111 68 TCLP Volatiles Extraction (2HE) EPA 1311 160 TTLC Metals Digestion EPA 31140/3050 l0/Batch ANALYSIS: TCLP Full Package (Extraction and Analysis) EPA Muthuds 1000 rCLP Herbicides (Includes Extraction - EPA 131 1) EPA Mcthods 265 TCLP Metals Analysis ([noludes Extraction - EPA 131 t) EPA Methods 195 TCLP Pesticides (Includes Extraction - EPA 131 l) EPA Methods 190 TCL? Somi-volatiles & Pesticides Analysis (Includes Extraction - EPA 1311) EPA Methods 395 rCL? Volatile Organics Analysis (Includes Extraction - EPA 131 1) EPA Methods 270 ADDITIONAL FEES: Sample Disposal (after 60 Days) 2 Sample Time 50/Hr Travel Time 25/Hr Startnwater Kit 30 Cooler Relum (If Requested) UPS Ground Rate Write On - CA Slate Drinking Water Requiramenis 10/Project Geotmeker 25/Projcct Library EDD See Lab Custom EDD See Lab WTES Standard Tum Around rroc is 5 husines9 days, New Clients - Payment requried at time of sample submission RUSH SERVICES are available, al the following rates Turnaround time is contingent upon test procedure and lab capacity at time of request Sarna Day 1101%) _ I Working Day _ _ _ 100% Z Warking 4aya W% 3 Werk-%��- 10% 4 Working Days 15% d dF 0 Cr` 4 'For EXHIBIT C NOTE. The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City's online insurance program requesting you to forward the email to your insurance provider(s) to submit the required insurance documentation electronically Insurance Requirements for Professional Services Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non - owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limits not less than $1,000,000 per occurrence or claim. Other Insurance Provisions: (a) Additional Named Insured Status The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used (b) Primary and Non -Contributory Insurance Endorsement The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Lodi has received a waiver of subrogation endorsement from the insurer NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street, Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of therp oiect that it is insuring. (d) Severability of Interest Clause The term "insured" is used severally and not collectively, but the inclusion herein of more than one insured shall not operate to increase the limit of the company's liability under the Contractors commercial general liability and automobile liability policies. (e) Notice of Cancellation or Change in Coverage Endorsement This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 West Pine St., Lodi, CA 95240. notice of such Page 1 1 of 2 pages I Risk: rev. 3/1/2018 (f) Continuity of Coverage All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the City and immediately obtain replacement insurance. Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a claims period following termination of coverage which is at least consistent with the claims period or statutes of limitations found in the California Tort Claims Act (California Government Code Section 810 et seq.). (g) Failure to Comply If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement and interest on the first (1 st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement, if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance, the City may terminate this Agreement upon such breach. Upon such termination, Contractor shall immediately cease use of the Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities. (h) Verification of Coverage Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective date. (f) Self -Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Q) Insurance Limits The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the Agreement for Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors (1) Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (m) Qualified insurerfs) All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines insurers (LESLI list) and otherwise meet City requirements. Page 2 1 of 2 pages I Risk: rev. 3/1/2018 Exhibit 2 71 AMENDMENT NO. 1 GLOBAL LABS, INC PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this ! -1 day of November, 2021, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and GLOBAL LABS, INC., a California corporation (hereinafter called "CONTRACTOR"). WITNESSETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on June 17, 2020 ( the "Agreement"), attached hereto as Exhibit 1, and made a part hereof; and 2. WHEREAS, CITY requested to increase the fees under the Agreement by $100,000, for a total not to exceed amount of $250,000, and amend the existing Fee Schedule as set forth in Exhibit 2, attached hereto and made part of; and 3. WHEREAS, CONTRACTOR agrees to said amendments; and NOW, THEREFORE, in paragraph 2 parties agree to amend the not to exceed amount under the Agreement as set forth above and amend the existing Fee Schedule. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Herein above called "CITY" ��I��IIs• ��� r Attest JE C IR ity Clerk Approved as to Form ANILE D MAG ICH City Attorney GLOBAL LABS, INC., a California corporation Hereinabove called "CONTRACTOR" By. SCOTT FURNAS President Exhibit 2 of Exhibit 1A CALIFORNIA LABORATORY SERVICES Committed. Responsive. Flexible QUOTE REQUEST Date: Name: Project Name: Project Manager: QC Level: 1 9/30/2021 City of Lodi Laboratory work Travis Kahrs Quote: Location: Effective: Expires: CityofLodi Lodi, CA 10/1/2021 12/31/2022 Parameter Method Matrix TAT QTY Unit Price Extended Price DBCP EPA 504.1 DW 5 1 $45.00 $45.00 Nitrate as N EPA 300 DW 5 1 $8.00 $8.00 TOC SM5310B DW 5 1 $30.00 $30.00 Alkalinity SM2320B DW 5 1 $23.00 $23.00 SUVA SM5910815310B DW 5 1 $45.00 $45.00 1,2,3 -TCP T22 General Mineral SRL 524 TCP EPA/STDM DW DW 1 5 5 1 1 $70.00 $102.00 $70.00 $102.00 T22 General Physical EPA/STDM DW 5 1 $26.00 $26.00 T22 Inorganic Chemical EPA/STDM DW 5 1 $204.00 $204.00 T22 Volatile Organics EPA/STDM DW 5 1 $92.00 $92.00 T22 SOC's EPA/STDM DW 20 1 $1,100.00 $1,100.00 Fluoride Bromide Hardness EPA 300 EPA 300 SM2340B WW WW WW 5 5 5 1 1 1 $8.00 $8.00 $20.00 $8.00 $8.00 $20.00 Standard Minerals EPA/STDM WW 5 1 $102.00 $102.00 Diss. Lead EPA 200.8 WW 5 1 $13.00 $13.00 Diss. Manganese EPA 200 7 WW 5 1 $13.00 $13.00 Ammonia as N SM4500NH3F 1997 WW 5 1 $31 00 $31.00 Nitrate as N EPA 300 WW 5 1 $8.00 $8.00 Nitrite as N TKN EPA 300 SM450oNH3F 1997 WW WW 5 5 1 1 $8.00 $31.00 $8.00 $31.00 Total Phosphorus SM4500P E WW 5 1 $31.00 $31.00 State EDD CLS Labs WW 5 1 $10.00 $10.00 Sample Filtration CLS Labe (0.45Nm) WW 5 1 $3.00 $3.00 $2.00 Sample Disposal CLS Labs WW 1 60 days 1 1 $2.00 'TOTAL $2,033.00 Bold: Will Include use of accredited subcontract lab partner Warmest regards, Scott Furnas Scott Furnas President CALIKORNIA LABORATORY SIRRVICES Quality Service - Fast Turnaround -Reasonable Rates Client Services: scottf@califomialab.com RESOLUTION NO. 2023-05 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH GLOBAL LABS, INC., OF EL DORADO HILLS, FOR LABORATORY SERVICES ------------------------------------------------------------------------ ------------------------------------------------------------------------ WHEREAS, the City's water, wastewater, and stormwater facilities are operated under various permits issued and regulated by the State of California; and WHEREAS, while some of the analyses required by the permits can be completed by the City's certified laboratory, other samples must be measured at such low concentration levels it requires specialized laboratories; and WHEREAS, staff recommends the City Council authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Global Labs, Inc., of EI Dorado Hills, for laboratory services, in the amount of $225,000, for total a contract amount of $475,000. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Global Labs, Inc., of EI Dorado Hills, for laboratory services, in the amount of $225,000, for total contract amount of $475,000, thereby extending the term to April 30, 2024; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: January 4, 2023 I hereby certify that Resolution No. 2023-05 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 4, 2023, by the following vote: AYES: COUNCIL MEMBERS — Bregman, Craig, Khan, Nakanishi, and Mayor Hothi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None OLIVIA NASHED City Clerk 2023-05