041-19 - McCampbell Analytical, Inc. - Contract Amendment 1Amendment No. I to Contract No.041-19
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
MCCAMPBELL ANALYTICAL, INC.
THIS AMENDMENT to Contract No. 041-19 ("Amendment") is made effective as of the 6ft day of
February, 2020,by and between the City of Port Orchard ("City), a municipal corporation, organized under
the laws of the State of Washington, and McCampbell Analytical, Inc., a corporation organized under the
laws of the State of Washington, located and doing business at 1534 Willow Pass Road, Pittsburg, CA94565-
170I ("Consultant").
WHEREAS, on June 6,2019,the City executed a Professional Services Agreement with Consultant,
for the provision of 2019-2020 UCMR4 Testing ("Underlying Agreement"); and
WHEREAS, Section LB ("Terms") ofthe Underlying Agreement provides that "[t]he City may from
time to time require changes or modifications in the Scope of Work. Such changes, including any decrease
or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written
amendments to the Agreement"; and
WHEREAS, the Consultant and the City have conferred and agreed to a modification of the Scope
of Work and an increase in compensation for the additional Scope of Work; and
WHEREAS, the parties wish to memorialize their agreement to so extend the Underlying Agreement;
NOW, THEREFORE,
In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as
follows:
l. The Underlying Agreement of June 6,2020 between the parties is amended as follows (amendment
shown in legislative marks):
o Section l.A shall now read: "The Consultant shall perform the services described in the
Scope of Work attached to this Agreement as Exhibitq 'rA"j.nd "B". The services performed
by the Consultant shall not exceed the Scope of Work without prior written authorization
from the City."
Section 2.A shall now read: "The Consultant shall perform the services described in the
Scope of Work in accordance with the tasks identified within Exhibit! "A" and'18" and the
terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the
parties will negotiate in good faith to determine whether an extension is appropriate."
Section 4 - Compensation shall now read: "TIME AND MATERIALS - Compensation for
these services shall be on a time and materials basis according to the list of billing rates and
reimbursable expenses attached hereto as Exhibits "A" anc!.._E!l."
Exhibit B is added as an attachment to the Underlying Agreement.
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2. In all other respects, the Underlying Agreement between the parties shall remain in full force and
effect, amended as set forth herein, but only as set forth herein.
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IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD,
WASHINGTON
MCCAMPBELL ANALYTICAL, INC.
Robert
ATTEST/A
Mayor
TED:
City Clerk
AS TO FORM:
Archer, City Attorney
Signature
Nicole Hisamoto / Sales Representative
Printed Name and Title
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McCompbell Anolyticol lnc.
"When Quality Counts"
1534 Willow Pass Roa4 Pittsburg, CA 94565-1701
Toll Free Telephone: (877) 252-9262 / For: (925) 252-9269
http ://www. mccarrpbell. com / E-mail : main@mcc arrpbel l. com
QUOTATION foT ANALYTICAL SERVICES
Requested By: Jacki Brown
The City of Port Orchard (CPOWA)
216 Prospect St.
Port Orchard, WA 98366
(360) 876-4ee1
j b rown @cityofpo rto rch a rd . u s
Project:
Quote ID: 193401
Prepared DATE: December 05, 2019
Expiration DATE: March 04, 2020
Assigned PM: Yen Cao
Prepared By: Nicole Hisamoto
Test Name Test Method TAT Matrix Aty Unit Price Total
Tests:
E552.3 UCMR4 AM2 (Haloacetic Acids)
sM5310B UCMR4 AM2 (TOC)
E300.1 UCMR4 AM2 (Bromide)
E552.3
SM531OB
E300.1
1 5 days DW
5 days DW
15 days DW
$150.00
$20.00
$20.00
$2,400.00
$320.00
$320.00
16
16
16
Fix-Rate ltems:
Sample Disposal Fee 16 $0.00 $0.00
Tests SubTotal: $3,040.00
Fix-Rate ltems SubTotal:
TOTAL:
$0 00
$3,040.00
Comments:
McCampbell Analytical provides excellent customer service coupled with competitive pricing. We strive to meet or beat any UCMR 4
certified laboratory quoted prices.
The Quote ID number MUST be indicated on the incoming Chain of Custody (COC) at the time of sample submission to ensure that the
quoted analytical methodologies & prices are applied.
Our Sample Reception department is open Monday through Friday; 8:00AM- 9:00PM. Bottles, ice chest, chains of custodies, sampling
instructions and shipping are included as part of our proposal.
Ifyou have any questions or concerns about this quote, please contact our Sales & Marketing team at Sales@mccampbell.com or at
877-252-9262. Thank you for the opportunity to provide analytical support to your upcoming project.
Matrix Legend: DW - Drinking Water I of t
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McCompbell Anolyticol, Inc.
"When Quality Counts"
1534 Willow Pass Roa{ Pittsburg, CA. 94565-1701
Toll Free Telephone (877)252-9262 lFax (925)252-9269
http : /lwww. mccampbell. com / E-mail : main@mccampbell. com
Confidentiality and Acceptance of Terms & Conditions
. Reports and results produced by MAI will be held confidentially through leglly enforceable commitment and will not be released to any third parties without
aproval from the client, unless required by [aw. The client will be notified, ifMAI is required to release confidential information by law or contractual agreement.
r Submittal ofsample(s) for analysis under a Chain ofCustody (COC) will indicate acceptance ofrequirements set forth in these Terms and Conditions.
Credit & Payment
o To establish an account with McCampbell Analyticat, Inc. (MAI), first time clients must submit a completed credit application. Credit applications may take up to
two or more weeks to process. Pre-payment ofanalytical results will be required for release ofresults ifcredit has not been established prior to the completion of
the data. If a client does not wish to submit a credit application, a payment authorization form will need to be submitted at the time of sample submission.
. MAI accepts payment by check, cash, VISA, MASTERCARD, AMEX, and DISCOVER.
r Third party billing is only permitted with written authorization from the sample submitting client stating that they will be responsible for payment should the third
party be delinquent. MAI reserves the right to refuse any third party billing request.
Terms of Payment
. Upon credit approval, MAI will not accept'!ay w?ren paid" terms without a written contract or payment plan in place.
. Orders from customers with invoices that are ninety (90) days or more overdue (i.e., not paid within 90 days of invoice date) will only be accepted on a C.O.D.
basis until credit can be re-established to MAI's satisfaction.
o MAlreservestherighttowithholdreportingofresultsifaclientfailstopayonanyinvoicebeyond90days. InaccordancewithFTCguidelines,afinancecharge
of 1.50% per month will be assessed on balances not paid within the due date ofthe invoice. Unpaid invoices ofmore than one year overdue may be subject to
collections and collection fees at the sole discretion ofMAI. Overdue accounts are responsible for all legal and collection fees.
Expedited Turnaround Times
r Standard tumaround time (TAT) for laboratory service is 5 business days for most analyses. Expedited tumaround times are typically available for most analyses.
Please contact an MAI Project Manager in advance of sample delivery to discuss rush TAT availability.
Completion ofany rustr or standard TAT service is subject to MAI's availability/ schedule and could change even after samples are received. MAI shall make
every reasonable effort to meet expected completion date(s) quoted or acknowledged, however, in the case of unforeseen events, rush tumarcund times may not be
achievable wen after sample reception. MAI will contact the client ASAP upon knowledge of the analytical data delays and adjust the invoice accordingly. MAI's
expedited tumaround time surcharges for most tests are as follows, sub-contracted laboratory surcharges may vary:
SAMEDAY.lSO% lDAYTAT-IOO% 2DAYTAT.SO% 3DAYTAT.25% 4DAYTAT.lO%
Semplcs received et the lab after 5 PM are considered received on thc next business day for TAT purposes.
Cancellation & Changes
r In the event that a sample submission is cancelled, rush samples must be cancelled within 3 hours and standard TAT samples must be cancelled within 12 hours
after laboratory receipt without incurring charges. All samples cancelled after the above mentioned time frames will be subject to either an extraction 6/or
analyical fee depending how far along samples have been processed within the lab.
r Samples placed on hold after the above time frame will be subject to either an extraction or analytical fee depending how far along samples have been processed.
. Cancelation fees: 40% for prepared samples.
o Additions to the scope ofwork may prolong the tumaround time. The tumaround times for all analytical additions start on the date that the change is made. All
changeVamendments to a Work Order must be provided to MAI in writing preferably via email to main@mccamobell.com.
Sample Receiving
r MAI is open to receive samples Monday through Friday; 8 AM- 9 PM. Samples received after 5 PM will be considered to be received on the following business
day for TAT purposes. Tumaround time starts when the samples are relinquished to MAI via the Chain of Custody (COC) and after any/all questions regarding
the sample submission have been resolved.
r MAI encourages clients to drop offrush samples directly to our lab in order to assure the timely processing of samples; alternatively, MAI can usually arange to
hire a private courier at client's expense in an effort to expedite the timely processing ofsamples. MAI cannot guarantee that our couriers will be able to retum to
the lab by 5 PM.
r In the event that samples are received and placed on hold, MAI will charge $5 per sample or per core for soils. Water samples on hold will be held for 30 days and
soiUsolid samples will be help for 60 days without prior agreements made in writing. If samples are later analyzed ttre fee will be credited and analytical fees will
then be charged.
o Samples that are taken offof hold with less than half of their holding time remaining are subject to rush fees.
. Samples with >72 hour hold times, received with less than half the remaining hold time are subject to rush fees.
NELAP Accredited #4033
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McCompbell Anolyticol Inc.
"When Quality Counts"
1534 Willow Pass Roa4 Pittsburg, CA. 94565-1701
Toll Free Telephone : (877)252-9262 lFax . (925)252-9269
http : //www. mccampbel l. com / E-mail : main(Ernccampbel l. com
Sample Container Shipping
r MAI provides high quality sampling containers and ice chest cmler(s) upon request to our clients. Delivery costs are included within the quoted analytical pricing.
Containers will be shipped via UPS ground or delivered by MAI couriers upon arangement. A minimum of I week's advance notice is required in order to
facilitate shipment of items by ground shipping. Shipments requiring priority delivery due to short notice will be billed to the client or charged to client's shipping
account. Client is responsible for the cost ofretum shipment ofsamples to the laboratory unless otherwise arranged with MAI.
Courier Service & Sample Pick-Up
j MAI offers complimentary courier services tkoughout the greater SF Bay Area to our routine clients - please contact an MAI Project Manager or Sales Team
member for more details regarding this service; please note some exclusions may apply based on availability/proximity. MAI requires all sample pickup & sample
boftle requests be emailed to our Sample Reception department at main@mccampbell.com at least 24 hours in advance oftheir needed date. For larger bottle
orders, please forward requests at least one week in advance oftheir need. MAI makes every effort possible to accommodate our clients' desired pickup &
delivery timefiames; howwer, MAI is not responsible for expired sample hold times while en route to the lab. A 3 hour time window is required for all pickups
d/or deliveries.
Sample Storage & Disposal
r MAI charges a $2 per sample Environmental Waste Management Disposal fee.
. Water samples are disposed 30 days after results are reported and soil samples are disposed 60 days after results are reported unless other arrangements are made
in advance.
o Known hazardous samples will be retumed to the client or disposed ofat the client's expense.
. Water samples held for longer than 30 days and soil samples held for longer than 60 days will be billed at $1 per sample./ per month (per core for soils) for
extended sample storage.
Reporting & Data Archiving
o MAI delivers completed reports by electronic email (PDF@). Upon request, MAI can deliver analytical data via EDD, Write On, WaterTraa EQuIS, GIS-Key,
EDF, Online Portal, fax, or hard copy via USPS. Additional charges may apply. MAI may assess additional fees for modifuing or developing EDD formats that
are not already available.
o Reporting to MDLs (J-flags) is not standard and will only be reported upon request.
r Ifadditional formats or retroactive deliverables are requested, additional fees may be assessed based on labor and materials needed to generate data retrieval. Data
and reports are archived for a minimum offive (5) years from the reporting date. Please conhct your Sales Representative or Project Manager to inquire about
availability and price of additional deliverables.
Multiple Dilutions Analyzed
o On multi-target analye lists, MAI will report the analytical run containing the highest concantration componenyanalyte in the sample within the calibrated
(quantifiable) range. Anallical screening runs are not reported. The laboratory will generally not be able to attempt greater than l0-fold more concentrated
analysis than the standard dilution. These additional dilutions will only be attempted if deemed not to pose a risk to ana$ical instrumentation- Please contact your
Project Manager to inquire about the availability ofthis service for your project.
MDL/RL Limit Disclaimer
MAI's Reporting Limits, Detection Limits, and Control Limits are subject to change as they are updated periodically to reflect our analytical sensitivity and
capability.
Reporting Limits cited do not take into account sample dilution/ matrix interference. MAI reserves the right to dilute samples as necessary to avoid damaging
instrumentation. lfyou request that samples are to be analyzed undiluted, additional charges may be assessed.
Quotes
o Project-specific quotes are recommended and available upon request. All quotes are confidential and unique to the client and their specific project. Quoted pricing
is valid tkough dates specified on quote or specific to the length ofthe project or contracts. Analyses not listed under these contracts will be charged at our
standard rates.
o Surcharges may apply for higherJevel than Level II data deliverables, expedited tumaround times, and custom electronic formats.
. MAI routinely accepts projects requiring extensive Research and Development (R&D). R&D studies witl be quoted on a case by case basis and are subject to a
surcharge of l5% ofthe total invoice unless otherwise contracted. Quotes are subject to client approval prior start date. Analytical set-up foes aro non-refundable
regardless ofoutcome.
Limitation of Liability / Waiver
r MAI will perform requested analyses based on the standard methods but may have to deviate from these methods when necessary, based on reasonablejudgment.
Should any dispute arise between MAI and client, MAI is limited in liability to damages no greater than the cost of the analytical testing.
o The failure by MAI to enforce, at any time, any terms or conditions herein or to exercise any right or privilege will not in any way be constnred as a waiver of
such provisions.
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NELAP Accredited #4033 CA ELAP Accredited #1644
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