CONTRACT 4468 CLOSEDCORRECT Agreement No. 4468 NOT 4438
PROFESSIONAL SERVICES AGREEMENT
FOR DESIGN SERVICES
BETWEEN
THE CITY OF EL SEGUNDO AND
ES BABCOCK & SONS INC
This AGREEMENT is entered into this 5 day of AtIgust : 2013, by and between the CITY
OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and ES Babcock &
Sons Inc, a Attal tica;l Services Cottsulta tt (`CONSULT N "I°' ).
1. CONSIDERATION.
A. As partial consideration, CONSULTANT agrees to perform the work listed in the
SCOPE OF SERVICES, below;
B. As additional consideration, CONSULTANT and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to
exceed Seven niousand dollars ($7 0, 00.00) for CONSULTANT's services.
CITY may modify this amount as set forth below. Unless otherwise specified by
written amendment to this Agreement, CITY will pay this sum as specified in the
attached Exhibit "A," which is incorporated by reference.
2. SCOPE OF SERVICES.
A. CONSULTANT will perform services listed in the attached Exhibit `B," which is
incorporated by reference.
B. CONSULTANT will, in a professional manner, furnish all of the labor, technical,
administrative, professional and other personnel, all supplies and materials,
equipment, printing, vehicles, transportation, office space and facilities, and all
tests, testing and analyses, calculation, and all other means whatsoever, except as
herein otherwise expressly specified to be furnished by CITY, necessary or proper
to perform and complete the work and provide the professional services required
of CONSULTANT by this Agreement.
3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT
will use the appropriate generally accepted professional standards of practice existing at the time
of performance utilized by persons engaged in providing similar services. CITY will
continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any
deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any
shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne
by CONSULTANT.
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CORRECT Agreement No. 4468 NOT 4438
4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement,
CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and
hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ")
the tasks performed, the percentage of the task completed during the billing period, the
cumulative percentage completed for each task, the total cost of that work during the preceding
billing month and a cumulative cash flow curve showing projected and actual expenditures
versus time to date.
5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for
current services are within the current budget and within an available, unexhausted and
unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient
funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement
will cover only those costs incurred up to the conclusion of the current fiscal year.
6. ADDITIONAL WORK.
A. CITY's city manager ( "Manager ") may determine, at the Manager's sole
discretion, that CONSULTANT must perform additional work ( "Additional
Work ") to complete the Scope of Work. If Additional Work is needed, the
Manager will give written authorization to CONSULTANT to perform such
Additional Work.
B. If CONSULTANT believes Additional Work is needed to complete the Scope of
Work, CONSULTANT will provide the Manager with written notification that
contains a specific description of the proposed Additional Work, reasons for such
Additional Work, and a detailed proposal regarding cost.
C. Payments over $7.000.00 for Additional Work must be approved by CITY's city
council. All Additional Work will be subject to all other terms and provisions of
this Agreement.
7. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONSULTANT agrees that it has:
i. Carefully investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii., Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONSULTANT agrees that
CONSULTANT has or will investigate the site and is or will be fully acquainted
with the conditions there existing, before commencing the services hereunder.
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CORRECT Agreement No. 4468 NOT 4438
Should CONSULTANT discover any latent or unknown conditions that may
materially affect the performance of the services, CONSULTANT will
immediately inform CITY of such fact and will not proceed except at
CONSULTANT's own risk until written instructions are received from CITY.
8. TERM. 'The term of this Agreemeiit will be from August 5, 21113, to Sentember 30 2tI13.
Unless otherwise determined by written amendment between the parties, this Agreement will
terminate in the following instances:
A. Completion of the work specified in Exhibit "A ";
B. Termination as stated in Section 16.
9. TIME FOR PERFORMANCE.
A. CONSULTANT will not perform any work under this Agreement until:
CONSULTANT furnishes proof of insurance as required under Section 23
of this Agreement; and
ii. CITY gives CONSULTANT a written notice to proceed,
B. Should CONSULTANT begin work on any phase in advance of receiving written
authorization to proceed, any such professional services are at CONSULTANT's
own risk.
10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond
CONSULTANT's control, CITY may grant a time extension for the completion of the contracted
services. If delay occurs, CONSULTANT must notify the Manager within forty -eight hours (48
hours), in writing, of the cause and the extent of the delay and how such delay interferes with the
Agreement's schedule. The Manager will extend the completion time, when appropriate, for the
completion of the contracted services.
11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main
body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes
any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order
in which the Exhibits appear below:
A. Exhibit A: Scope of Work;
B. Exhibit B: Budget; and
C„ Exhibit C: Proposal for Services.
12. CHANGES. CITY may order changes in the services within the general scope of this
Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the
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CORRECT Agreement No. 4468 NOT 4438
contract time will be adjusted accordingly. All such changes must be authorized in writing,
executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in
the services will be determined in accordance with written agreement between the parties.
13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a
Taxpayer Identification Number.
14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and
maintain during the term of this Agreement, all necessary permits, licenses, and certificates that
may be required in connection with the performance of services under this Agreement.
15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by
CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights
CITY may have under this Agreement or of any cause of action arising from CONSULTANT's
performance. A waiver by CITY of any breach of any term, covenant, or condition contained in
this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
16. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause.
B. CONSULTANT may terminate this Agreement at any time with CITY's mutual
consent. Notice will be in writing at least thirty (30) days before the effective
termination date.
C. Upon receiving a termination notice, CONSULTANT will immediately cease
performance under this Agreement unless otherwise provided in the termination
notice. Except as otherwise provided in the termination notice, any additional
work performed by CONSULTANT after receiving a termination notice will be
performed at CONSULTANT" own cost; CITY will not be obligated to
compensate CONSULTANT for such work.
D. Should termination occur, all finished or unfinished documents, data, studies,
surveys, drawings, maps, reports and other materials prepared by CONSULTANT
will, at CITY's option, become CITY's property, and CONSULTANT will
receive just and equitable compensation for any work satisfactorily completed up
to the effective date of notice of termination, not to exceed the total costs under
Section 1(C).
E. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
F. By executing this document, CONSULTANT waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
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CORRECT Agreement No. 4468 NOT 4438
17. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models,
photographs and reports prepared by CONSULTANT under this Agreement are CITY's
property. CONSULTANT may retain copies of said documents and materials as desired, but
will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of
CONSULTANT's completed work product, for purposes other than identified in this Agreement,
or use of incomplete work product, is at CITY's own risk.
18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service
under this Agreement, no copies, sketches, or graphs of materials, including graphic art work,
prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or
public CITY without CITY's prior written approval. All press releases, including graphic
display information to be published in newspapers or magazines, will be approved and
distributed solely by CITY, unless otherwise provided by written agreement between the parties.
19. INDEMNIFICATION.
A. CONSULTANT must save harmless, indemnify and defend CITY and all its
officers, employees and representatives from and against any and all suits,
actions, or claims, of any character whatever, brought for, or on account of,
any injuries or damages sustained by any person or property arising from,
pertaining to, or relating to the negligence, recklessness, or willful
misconduct of CONSULTANT or any of CONSULTANT's officers, agents,
employees, or representatives.
B. For purposes of this section "CITY" includes CITY's officers, officials,
employees, agents, representatives, and certified volunteers.
C. It is expressly understood and agreed that the foregoing provisions are intended to
be as broad and inclusive as is permitted by the law of the State of California and
will survive termination of this Agreement.
D. The requirements as to the types and limits of insurance coverage to be
maintained by CONSULTANT as required by Section 23, and any approval of
said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONSULTANT
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services.
CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's
written approval are prohibited and will be null and void.
21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that
CONSULTANT will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONSULTANT will be free to contract for similar service to
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CORRECT Agreement No. 4468 NOT 4438
be performed for other employers while under contract with CITY. CONSULTANT is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that
may appear to give CITY the right to direct CONSULTANT as to the details of doing the work
or to exercise a measure of control over the work means that CONSULTANT will follow the
direction of the CITY as to end results of the work only.
22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with
respect to all services and matters covered under this Agreement. CITY will have free access at
all reasonable times to such records, and the right to examine and audit the same and to make
transcript therefrom, and to inspect all program data, documents, proceedings and activities.
CONSULTANT will retain such financial and program service records for at least three (3) years
after termination or final payment under this Agreement.
23. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONSULTANT will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits
Commercial general liability: $1,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement
B. Commercial general liability insurance will meet or exceed the requirements of
ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name CITY, its officials, and employees as "additional insureds"
under said insurance coverage and to state that such insurance will be deemed
"primary" such that any other insurance that may be carried by CITY will be
excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10
1185 or 88, or equivalent. Such insurance will be on an "occurrence," not a
"claims made," basis and will not be cancelable or subject to reduction except
upon thirty (30) days prior written notice to CITY.
C. Professional liability coverage will be on an "occurrence basis" if such coverage
is available, or on a "claims made" basis if not available. When coverage is
provided on a "claims made basis," CONSULTANT will continue to renew the
insurance for a period of three (3) years after this Agreement expires or is
terminated. Such insurance will have the same coverage and limits as the policy
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CORRECT Agreement No. 4468 NOT 4438
that was in effect during the term of this Agreement, and will cover
CONSULTANT for all claims made by CITY arising out of any errors or
omissions of CONSULTANT, or its officers, employees or agents during the time
this Agreement was in effect.
D. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 0106 92, including symbol 1 (Any Auto).
E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement and such
other evidence of insurance or copies of policies as may be reasonably required
by CITY from time to time. Insurance must be placed with insurers with a current
A.M. Best Company Rating equivalent to at least a Rating of "A:VII."
F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance
required by this Agreement, CITY may obtain such coverage at
CONSULTANT's expense and deduct the cost of such insurance from payments
due to CONSULTANT under this Agreement or terminate pursuant to Section 16.
24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written
approval to use any consultants while performing any portion of this Agreement. Such approval
must approve of the proposed consultant and the terms of compensation.
25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the
status on the project, which will include a schedule update and a short narrative description of
progress during the past month for each major task, a description of the work remaining and a
description of the work to be done before the next schedule update.
26. NOTICES. All communications to either party by the other party will be deemed made
when received by such party at its respective name and address as follows:
If to CONSULTANT:
ES Babcock & Sons Inc
6100 Quail Valley Court
Riverside, CA 92507 -0704
Attention: Daniel Wing
If to CITY:
City of El Segundo
400 Lomita St.
El Segundo, CA
Attention: James Turner
Any such written communications by mail will be conclusively deemed to have been received by
the addressee upon deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above. In all other instances, notices will be deemed given at the time of
actual delivery. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest
laws and regulations including, without limitation, CITY's conflict of interest regulations.
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CORRECT Agreement No. 4468 NOT 4438
28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor
retained any company or person, other than CONSULTANT's bona fide employee, to solicit or
secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed
to pay any company or person, other than CONSULTANT's bona fide employee, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. Should CONSULTANT breach or violate this
warranty, CITY may rescind this Agreement without liability.
29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is
generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any
other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or
CITY's obligations under this Agreement.
30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state,
and local laws applicable to this Agreement.
32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire
understanding of the parties. There are no other understandings, terms or other agreements
expressed or implied, oral or written. There are NO (�_) Attachments to this Agreement. This
Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent
successors and assigns.
33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this
Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole,
and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party.
34. SEVERABILITY. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
35. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary
action has been taken by the Parties to authorize the undersigned to execute this Agreement and to
engage in the actions described herein. This Agreement may be modified by written amendment.
CITY's executive manager, or designee, may execute any such amendment on behalf of CITY.
36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
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CORRECT Agreement No. 4468 NOT 4438
37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this
Agreement.
39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, acts of terrorism, war, embargo, government action, civil or military authority, the
natural elements, or other similar causes beyond the Parties' reasonable control, then the
Agreement will immediately terminate without obligation of either party to the other.
40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT
represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity
to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its
financial resources, surety and insurance experience, service experience, completion ability,
personnel, current workload, experience in dealing with private consultants, and experience in
dealing with public agencies all suggest that CONSULTANT is capable of performing the
proposed contract and has a demonstrated capacity to deal fairly and effectively with and to
satisfy a public CITY.
[Signatures on next page]
u
CORRECT Agreement No. 4468 NOT 4438
IN wt,rN'ESS WFIEREOF the parties hereto have executed this contract the day and year.
first hercinabove written.
CIT OF EL
Greg pente4a��
City nagger
APPROVED AS TO FORM:
MARK D, FIENS4EY, City Y
W3
Karl 11, Oerger, Assistant City Attofney
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............
A
ES Babcock & Sons Inc— Contract Signature
Taxpayer I D N . 95-3322811
ES Babcock & Sons Inc
EXHIBIT A, BGJ)ldRECT Agreement No. 4468 NOT 4438
SCOPE OF WORK:
From: Daniel Wing [mailto:dwing @babcocklabs.com]
Sent: Thursday, August 01, 2013 8:45 AM
To: Turner, James
Subject: FWD: re[2]: FWD: FWD: Babcock Labs - UCMR 3 Service Quote
James,
The work our lab (ESB) will complete for the City of El Segundo (the City) will be sample
collection, analysis, and data reporting to the U.S. EPA, as required by the U.S. EPA
program known as the third cycle of the Unregulated Contaminant Monitoring Rule 3, or UCMR 3.
The U.S. EPA requires analytical labs be directly approved and certified through the program to
complete analysis. ESB holds EPA approval for all UCMR 3 methods. For the City, our lab
technicians will also collect all samples under escort of a City designated employee on mutually
agreed upon dates and times. Per the UCMR 3 requirements, sampling locations are entry points
to the drinking water distribution system, as well as Distribution System Maximum Residence
Time locations, or DSMRTs. Sampling events occur under a specific schedule and are to occur
within the following months: August 2013, November 2013, February 2014, and May 2014.
Upon collection of samples, ESB will complete all analysis according to all UCMR 3 requirements
then upload the data into the U.S. EPA's Central Data Exchange system, or CDX. A report of all
results will also be provided to the City.
The U.S. EPA requires collection of this data from public water systems all across the US. Data is
used inconsideration of potential future drinking water rules, mandates, and regulations. This
program operates independently of any State or Local regulatory requirements.
If you need any additional information, please don't hesitate to call.
Daniel Wing j Business Development
E.SsBABCOC K&Sons, Inc. ( Environinental Laboratories since 1906
P 951 653 3351 C 951 259 3668 E951 653 1662
www.babcocklabs.com
Unparalleled Environmental Laboratory Services
Did E.S. Babcock ock Scars meet your expectations? Please visit us at �Pr ® °ect
Feedback and rate the service you received.
CORRECT Agreement No. 4468 NOT 4438
Clinical Laboratory (#'San Bernardino, Inc
May 16, 2013
Subject: Unregulated Contaminant Monitoring Regulation - UCMR 3
In response to recent U.S.E.P.A. guidelines on the Unregulated Contaminant Monitoring
Regulations (UCMR 3), Clinical Laboratory of San Bernardino, Inc. is providing the following
information to assist clients meet these new requirements.
r 4"
Method
Compounds
Price (1)
Containers
x t pA 200 8 U'+ MF 3 Metals
$
110.00
250 mm�l Pmt n resmrved
� � l?.,.....
: IAA 218 7
UCMR 3 Hexavalent Chromium
......... .........
....
130 ..
25tp rural ralyr (N F#4 O nm 4o reservedi
PA 30tH 1
UCMR 3 Chlorate
$
70.00
40 mnl Amber Vials lrrrA preservecl�
A 522
UCMR 3 1 4 bioxar�e
$
198 00
S�DO rrul Arr�ber stars lSmaP4r arsal'1te preservedp
A 52 3
UCMR 3 Volatile omanlcs
�rmriber Vials �Asmvrl�, lh�aNsic reservem�).
a A 53 '
UCMR 3 Perlluorinated Cram ourtds
$
385.00
500 ml Amber Glass (Triarmma preserved)
EPA 539
UCMR 3 l lormones
415.00
10,00 rnl Am be Glass presemved....,....,�
List 1 - EPA Methods 200.8, 218.7, 300.1, 522, 524.3, 537, $1055.00
List 2 - EPA Method 539 $ 415.00
(1) Some analyses may require duplicate or triplicate analysis on a sub -set of samples (le. 10 %).
This will require additional analyses and will affect the per sample cost.
If you have any questions please feel free to call or email: (909) 825 -7693 / glaubig @clinical - lab.com
Sincerely,
Bob Glaubig
Laboratory Director
Clinical Laboratory of San Bernardino, Inc.
Post Qffice Box :329 San Bernardino, CA (9619)825-7693 Fax (909) 825"76 6 EIA.P mmurmbem° 1088
CORRECT Agreement No. 4468 NOT 4438
Analytical Services Quotation
James Turner
City of El Segundo Water Department
350 Main Steet
El Segundo, CA 90245
UCMR 3 Service Quote
Pricing Summary
Printed:
6/19/2013
Effective:
06/19/13
Expires:
12/31/14
Parameter
Method
Quantity
TAT (days)
Unit Price
Extended Price
Water
524.3 - Volatiles by
EPA 524.3
4
18
$125.00
$500.00
GC /MS
Chlorate UCMR3
EPA 300.1
8
18
$50.00
$400.00
EPA Method 522
EPA 522
4
18
$225 >
$900.00
EPA Method 537
EPA 537
4
18
$275.00
$1,100.00
EPA-2003
EPA 200.8
8
1 ';
$85.00
$680.00
Hourly Field Sample
none
4�
1 ,0
. 1W 0
$2,400.00
Collection Charge
Low Level Hexavalent
EPA 218.7
8
18
$85.00
$680.00
Chromium
Bid Total: $6,660.00
** Rates include all sampling containters, sample collection training, all transportation Sample
charge will not apply if not selected. Field blanks requiring analysis are charged as additional
samples, field blank methods are: 200.8, 524.3 and 537.
Daniel A. Wing
Sales & Marketing
Pagel of 3
CORRECT Agreement No. 4468 NOT 4438
Analytical Services Quotation
James Turner
City of El Segundo Water Department
350 Main Steet
El Segundo, CA 90245
UCMR 3 Service Quote
Pricing Summary
Edward S. Babcock & Sons, Inc. Environmental Laboratories
Terms & Conditions
COMPANY INFORMATION
Printed:
6/19/2013
Effective:
06/19/13
Expires:
12/31/14
E.S. Babcock & Sons, Inc. (ESB) provides accurate analysis of drinking water, wastewater, groundwater, storm water, soils
and hazardous materials. Founded in 1906, Babcock Labs has provided analytical services for over 100 years. ESB
combines comprehensive environmental testing services with personalized service to handle all of your environmental
testing needs. ESB retains the following certifications: NELAP #02101 CA, California ELAP #2698. For specific method and
analyte certification information, click "Qualifications" on our website at www.babcocklabs.com.
PAYMENT TERMS AND CONDITIONS
Prepayment is required for all first time clients. Payment terms are net 30 days of invoice date, upon approved credit. A
finance charge of 1.5% /month (18% annually) will be applied to all unpaid balances 30 days past the due date. The
minimum charge is $10. Delinquent accounts will be on a prepayment/C.O.D. basis only. Past Due under this contract is not
dependent upon receipt of payment by clients' third party and /or user, and client is solely responsible for timely payment of
all invoices notwithstanding payment or non - payment by any said third party and /or user.
AVAILABLE SERVICES
Courier services, sample bottle kits, Chain of Custody forms, seals & labels.
REPORTING
A Standard QC package, when requested, may contain any combination of the following: Method Blank (MB), Lab Control
Sample (LCS), Lab Control Sample Duplicate (LCSD), Matrix Spike (MS), Matrix Spike Duplicate (MSD), Sample Duplicate
(DUP), and /or Surrogate (SURR). Electronic deliverables can be provided for a nominal fee.
SPECIAL NEEDS, CHARGES
An $80 minimum charge per submission applies. Extra charges may apply for rush analysis, special sample preparation,
non - typical report format, or other non - typical customer requests or needs. Prices are based on the estimated quantities.
Should the Scope of Work change, contact ESB for price verification. Additional charges may be assessed for Trip Blank
analysis and samples requiring multiple dilutions due to client specific reporting requirements.
SAMPLE SUBMISSION
Before submitting a sample, new clients must fill out a New Client Information form. Results only apply to the samples
submitted.
When submitting a sample the following paperwork must be submitted. Chain of Custody: Include sample identification,
name and address, telephone and fax numbers, written instructions or list of analyses to be performed, email address, date
and signature.
Price Quote: A copy of the official price quote (if obtained) must be submitted with the sample. Samples must be submitted
on ice and in the proper containers to help maintain the integrity of the sample. All samples must be clearly labeled and
identified. Instructions must be included with the sample, not separately. ESB reserves the right to refuse samples at its
discretion.
Sample turnaround time is 7 -10 working days from the date of sample receipt. Standard turnaround time for hardcopy
results is 5 working days from the date of verbal /email /fax results. RUSH analyses are available and should be arranged in
advance.
SUBCONTRACTED ANALYSIS
Should instrumentation problems, special methods, or circumstances out of the laboratory's control occur, the project may
be subcontracted to a State certified subcontract lab. Additional charges may be incurred. In addition, prices for
subcontracted analysis are subject to change. Please contact your Project Manager prior to sample submittal to verify
pricing and turnaround time.
Page 2 of 3
CORRECT Agreement No. 4468 NOT 4438
Analytical Services Quotation
James Turner Printed: 6/19/2013
City of El Segundo Water Department Effective: 06/19/13
350 Main Steet Expires: 12/31/14
El Segundo, CA 90245
UCMR 3 Service Quote
Pricing Summary
SAMPLE DISPOSAL
If a sample is contaminated, either the client may take custody of the sample, or ESB will arrange for proper disposal and bill
the client directly.
POLICIES
ESB 's liability for any service rendered or test performed on behalf of a client is limited to the amount ESB has been paid by
the client for that particular test or service. ESB will not be liable for any consequential damages allegedly sustained by the
client as a result of or in connection with a test or service performed by ESB. Under no circumstance shall ESB's liability
arising from or in connection with the performance of a test or service exceed the amount it was paid for that test or service.
Repeat Analyses: ESB may repeat analyses per the client's request. If the repeat analyses results confirm the original
results, the client may be charged for the duplicate testing. ESB may at its sole discretion destroy any and all materials in
conjunction with the services rendered pursuant to this contract after a period of seven (7) years from the date that services
were last provided by ESB to the client. It is the client's responsibility to advise ESB of any pending litigation that may
require retention of records.
I have read and agree to the Terms and Conditions listed above.
Signature:
Company:
Date:
Phone:
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