AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this
,20 _, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18th Street, Merced, California 95340, (hereinafter referred to as "City") and McCampbell Analytical Incorporated, a California Corporation, whose address of record is 1534 Willow Pass Road, Pittsburg, California 94565, (hereinafter referred to as "Consultant").
WHEREAS, City is undertaking a project to obtain bioassay laboratory services; and,
WHEREAS, Consultant represents that it possesses the professional skills to provide bioassay laboratory services in connection with said project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:
1. SCOPE OF SERVICES. The Consultant shall furnish the following services: Consultant shall provide the bioassay laboratory services described in Exhibit "A" attached hereto.
No additional services shall be performed by Consultant unless approved in advance in writing by the City, stating the dollar value of the services, the method of payment, and any adjustment in contract time. All such services are to be coordinated with City and the results of the work shall be monitored by the Director of Public Works or designee. However, the means by which the work is accomplished shall be the sole responsibility of the Consultant.
2. TIME OF PERFORMANCE. All of the work outlined in the Scope of Services shall be completed in accordance with the Schedule outlined in Exhibit "A" attached hereto and incorporated herein by reference. By mutual agreement and written addendum to this Agreement, the City and the Consultant may change the requirements in said Schedule.
TERM OF AGREEMENT. The term of this Agreement shall
commence on July 1, 2024 and end on June 30, 2027.
COMPENSATION. Payment by the City to the Consultant for actual services rendered under this Agreement shall be made upon presentation of an X:lAgreements|WWTP-General\2024\PSA_McCampbell 24-27.docx 1 invoice detailing services performed under the Scope of Services, in accordance with the fee schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. The Consultant agrees to provide all services required under the Scope of Services in Exhibit "A" within the compensation amount set forth in Exhibit "B". For Consultant's services rendered under this Agreement, City shall pay Consultant the not to exceed sum of Nineteen Thousand One Hundred Seventy Dollars ($19,170) for each year of this Agreement for a not to exceed total contract amount of Fifty-Seven Thousand Five Hundred Ten Dollars ($57,510) for the three (3) year term of this Agreement.
METHOD OF PAYMENT. Compensation to Consultant shall be
paid by the City after submission by Consultant of an invoice delineating the services performed.
6. RECORDS. It is understood and agreed that all plans, studies, specifications, data magnetically or otherwise recorded on computer or computer diskettes, records, files, reports, etc., in possession of the Consultant relating to the matters covered by this Agreement shall be the property of the City, and Consultant hereby agrees to deliver the same to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials including but not limited to those set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
7. CONSULTANT'S BOOKS AND RECORDS. Consultant shall
maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City.
8. INDEPENDENT CONTRACTOR. It is expressly understood that Consultant is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Consultant shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should Consultant desire any insurance protection, the Consultant is to acquire same at its expense.
X: \Agreements WWTP-General\2024\PSA_McCampbell 24-27.docx 2 In the event Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9. INDEMNITY. Consultant shall indemnify, protect, defend (with legal counsel selected by the City), save and hold City, its officers, employees, and agents, harmless from any and all claims or causes of action for death or injury to persons, or damage to property resulting from intentional or negligent acts, errors, or omissions of Consultant or Consultant's officers, employees, volunteers, and agents during performance of this Agreement; Consultant shall indemnify, protect, defend (with counsel selected by the City) save and hold City, its officers, employees and agents harmless from any and all claims or causes of action for any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant's work, or resulting from the negligence of the City, its officers, employees, volunteers and agents, except for loss caused by the sole negligence or willful misconduct of the City or its officers, employees, volunteers or agents. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall survive the termination of this Agreement and shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
10. INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
X:\Agreements\WWTP-General\2024\PSA_McCampbell 24-27.docx 3 a. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer's Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City.
General Liability.
(i) Consultant shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(ii) Consultant shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Consultant.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
(v) Consultant shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal.
Automobile Insurance.
(i) Consultant shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
X:\Agreements\WWTP-General\2024\PSA_McCampbell 24-27.docx (ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the
Consultant.
(iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
d. Professional Liability Insurance. Consultant shall carry professional liability insurance appropriate to Consultant's profession in the minimum amount of One Million Dollars ($1,000,000). Architects and engineers' coverage is to be endorsed to include contractual liability.
e. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A: VII or better (except for workers' compensation provided through the California State Compensation Fund).
f. Certificate of Insurance. Consultant shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation—including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Consultant's insurance policies are not current.
X: \Agreements|WWTP-General\2024\PSA_McCampbell 24-27.docx 5 11. PREVAILING WAGES.
A. Labor Code Compliance. If the work performed under this Agreement falls within Labor Code Section 1720(a)(1) definition of a "public works" the Consultant agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Consultant further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.
B. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. General Prevailing Wage Rate Determinations may be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/.
C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations, if applicable, are to be obtained by the Consultant from the Department of Industrial Relations. Theses wage rate determinations are to be posted by the Consultant at the job site in accordance with Section 1773.2 of the California Labor Code.
D. Consultant agrees to include prevailing wage requirements, if applicable, in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.
12. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Consultant and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City.
13. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the phase of work actually completed, based on a pro rata portion of the compensation for said phase X: lAgrecments\WWTP-General\2024\PSA_McCampbell 24-27.docx 6 satisfactorily completed at the time the notice of termination is received.
14. CONFORMANCE TO APPLICABLE LAWS. Consultant shall
comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
15. WAIVER. In the event that either City or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
16. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached documents) or exhibit(s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
17. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of X: \Agreements\WWTP-General\2024\PSA_McCampbell 24-27.docx 7 California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.
18. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
19. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
20. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
22. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
X:lAgreements WWTP-General\2024\PSA_McCampbell 24-27.docx 8 ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
y: Craig Cornell 41/8/2024
Pty Attorner
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
BY:
Verified by Finance Officer
X: Agreements\WWTP-General\2024\PSA_McCampbell 24-27.docx 9 CONSULTANT
(Signature)
MICOLE HISAMOTO
(Typed Name)
Its: SALES TEAM
(Title)
BEVERLYN MADRIGAL
(Typed Name)
Its: SALES TEAM
(Title)
Taxpayer I.D. No. 68.025295 3
ADDRESS: 1534 Willow Pass Rd
Pittsburg, CA 94565
TELEPHONE: (877) 252-9262
FAX: (925) 252-9269
E-MAIL:[email protected]
X: \Agreements\WWTP-General\2024\PSA_McCampbell 24-27.docx 10 McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA. 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 "When Quality Counts" http://www.mccampbell.com/E-mail: [email protected] MCCAMPBELL ANALYTICAL, INC.
RESPONSE to:
REQUEST FOR PROPOSALS
FOR
BIOASSAY LABORATORY SERVICES
FOR
THE CITY OF MERCED PUBLIC WORKS DEPARTMENT
Submitted March 8th, 2024
•Exhibit A
•
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA. 94565-1701 Toll Free Telephone: (877) Fax Fax: (925) 252-9269
When Quality Counts http://www.mccampbell.com/E-mail: [email protected] March 8th, 2024
Jeremy Geiger
Supervisor - Water Quality Control Division
City of Merced Public Works
1776 Grogan Avenue
Merced, CA 95341
(209)/ [email protected]
Re: Response to Request for Proposal, Bioassay Laboratory Services Dear Mr. Geiger:
Thank you for the opportunity to bid on your Request for Proposal. McCampbell Analytical, Inc. (MAI) is pleased to submit this response. Enclosed, please find our proposal for Bioassay Laboratory Services for Fiscal Years 2024 - 2027.
Please note:
• MAI has thoroughly reviewed and comprehends the scope of work outlined in attachment A. • MAl acknowledges receipt of the answers to our questions. • Prices quoted will be valid for a period of at least 90 days Included in our proposal are the following, including attachments:
• MAI Statement of Experience, Services, and Project Understanding • MAI Statement of understanding and compliance for the special requirements listed in attachment A. • MAI ELAP/ NELAP certifications
If you have questions regarding the MAI proposal, then please contact Alex Anderson via email at [email protected] or by telephone at (925) 252-9262 ext 272.
Sincerely,
McCampbell Analytical, Inc.
Nicole Hisamoto
Sales/ Marketing Manager
•
McCampbell Analytical, Inc.
When Quality Counts
SCOPE OF SERVICE - CITY OF MERCED PUBLIC WORKS DEPARTMENT LABORATORY BIOASSAY TESTING TO BE PERFORMED THROUGH 6/30/2027 Experience and Services
Certifications and Infrastructure:
McCampbell Analytical's (MAI) aquatic toxicology department is California State Certified by the Environmental Laboratory Accreditation Program (ELAP), certification #1644, as well as certification from Oregon through the National Environmental Laboratory Accreditation Program (NELAP) certification #4033 for all test methods and/or species required under the RFP for the City of Merced. No test methods would need to be subcontracted to an outside laboratory.
As MAl's aquatic toxicology department is NELAP accredited with all the appropriate quality systems in place based on the TNI 2016 standard, it adheres to a robust program that encompasses equipment calibration and maintenance requirements, chemical, standard, food inventory logs, COA logs, and lab water preparation tracking. All laboratory control waters used for freshwater testing consist of Type I RO/DI water that has been 0.2 micron filtered and UV sterilized with ACS or reagent grade salts added to it following USEPA methodologies.
The aquatic toxicology laboratory currently encompasses over 1,700 sq. ft. of workspace including six environmentally controlled test rooms and multiple water baths that can accommodate large volumes of bioassay testing on short notice. The aquatic toxicology department also has over 400 sq. ft. of cold storage space to accommodate long-term storage of large volumes of samples.
Key Personnel
Mr. Anderson, the MAI Aquatic Toxicology Department Director, has over 10 years of experience in the field of aquatic toxicology, both in the laboratory as well as a field biologist. Over the course of his career, Mr. Anderson has gained extensive experience managing projects performed for many NPDES clients who require bioassay compliance testing. In this role his responsibilities include coordinating sampling events with clients, overseeing laboratory bioassay testing, statistical analysis, and summary report preparation and submittal Electronic Data Deliverables. Mr. Anderson is well versed and accustomed to the requirements associated with NDES bioassay testing and understands the short timelines required by such projects. Furthermore Mr. Anderson also understands the need for timely communication regarding observances of toxicity due to the need for NDES dischargers to initiate accelerated monitoring and testing.
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA. 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax : (925) 252-9269 When Quality Counts http://www.mccampbell.com/E-mail: [email protected] Quality Control/Quality Assurance (QA/QC)
At MAI, OA/QC procedures are integral to our operations. Our experienced staff conducts rigorous internal QA/QC measures, including negative/positive controls and method blanks (e.g. reference toxicant tests) as well as method/conductivity blanks specific to sample manipulations or species tolerance limits as required on a project-specific basis ensuring the accuracy and reliability of our results. In addition to internal department QAQC procedures, MAl's QAQC department staff has over 15 years of combined experience working in aquatic toxicology laboratories from across the United States and can assist the aquatic toxicology department in QAQC related decision-making processes.
Project Experience
MAI has a proven track record of performing NPDES compliance biassay testing for Central Valley dischargers, including the City of Merced, for the past three years. We are well-versed in upcoming policy changes and strive to deliver results that meet evolving regulatory standards pertaining to statewide toxicity implemented by the State Water Board.
Electronic Data Deliverables
As was previously mentioned, MAI records it's bench data electronically and has programmed its laboratory information management system (LIMS) to automatically detect any anomalous or outlying data points, water quality parameter exceedances, significant decreases in organism survival (e.g. those that may trigger accelerated testing), hold time exceedances, and other errata which may be flagged in reports for clear interpretation of results.
In addition to automated and manual QA review of all bench data on a daily basis, our electronic method of data recording allows the aquatic toxicology department to upload test results directly into our CETIS™ statistical software as well as export the data into other LIMS systems should it be requested by the client.
Subcontracted analyses
As MAI holds CA ELAP and OR NELAP accreditation for all of the test methods listed in the RFP, no testing would need to be subcontracted to an outside laboratory.
Sample Transport
Sample Transportation would be provided by MAI.
Special Requirements
MAl is equipped to assist in developing Toxicity Reduction Evaluation (TRE) and Toxicity Identification Evaluation (TIE) upon request, as outlined in Attachment A of the RFP.
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA. 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 When Quality Counts http://www.mccampbell.com/E-mail: [email protected] Client References
City of Modesto Water Quality Control Facility
1221 Sutter Avenue
Modesto California 95351
Contact: Melissa Holden
Email: [email protected]/Phone: (209) 577-6275
City of Lincoln Wastewater Treatment Facility
1245 Fiddyment Road
Lincoln, CA 95648
Contact: Gary Hengst
Email: [email protected] / Phone: (916) 434-5062
Rodeo Sanitary District
800 San Pablo Avenue
Rodeo California 94572
Contact: Andrew Alva
Email: [email protected] / Phone: (510) 799-2970
McCampbell Analytical, Inc.
"When Quality Counts"
SCOPE OF SERVICE - CITY OF MERCED PUBLIC WORKS DEPARTMENT LABORATORY BIOASSAY TESTING TO BE PERFORMED 7/1/2024 THROUGH 6/30/2027 Management of Services and Expertise: Mr. Anderson, the aquatic toxicology laboratory director, will be the primary contact for this project. With 10 years of experience in aquatic toxicology and project management, Mr. Anderson oversees scheduling, testing, and reporting. He collaborates closely with Mrs.
Theresa Johnson, MAl's QA/QC department director, and Ms. Angela Rydelius, MAI's laboratory manager, to ensure compliance with ELAP and NELAP standards to ensure that all services provided by MAI meet the expectations of the CITY OF MERCED PUBLIC WORKS DEPARTMENT, and all deliverables are met in a timely manner.
Coordinating Testing: MAl will coordinate closely with the City of Merced to schedule biassay testing according to both The City of Merced and MAI schedules.
Organism Ordering: MAI collaborates with three organism suppliers across the United States to ensure the selection of robust and consistent organisms, considering factors such as shipping reliability and weather conditions.
Sample Pickups: Upon request, MAI offers sample pickup services from Merced. Our couriers will provide wet ice and will ensure the samples are handled properly during transportation to the MAI laboratory.
Couriers are available Monday through Friday during the hours of 8 AM to 3 PM and will respond with 24 hour prior notice. Weekend pick-ups are available with 72 hours' advanced notice. Courier service will be provided at $200 per trip.
Sample Log-in: Upon receipt at MAI, log-in staff will record the sample temperature, review Chain-of- Custody records, and document additional required information required under the NELAP (TNI) standard.
All samples shall be moved to a cold storage area within the aquatic toxicology department and stored at 4°C (*2°C) once the initial log-in process has been completed (unless needed immediately to prepare test solutions).
Effluent Characterization: Effluent samples undergo initial water quality parameter analysis to ensure suitability for bioassay testing. If any deviations from recommended parameters are observed MAI will contact the City of Merced to discuss these exceedances and determine a course of action (e.g., resampling, retesting, other).
Test Initiation: Fresh test dilutions shall be prepared on the first effluent sample received on the first day of testing. Water quality parameters (e.g. temperature, pH, D.O., EC) for each test treatment shall be measured prior to being used for testing and recorded on a test datasheet. Once the test solutions have warmed to the appropriate test temperature, testing shall be initiated by loading the appropriate number of organisms into each test replicate. Tests shall be initiated within the 36-hr hold time associated with aquatic bioassay samples (EPA 2002).
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA. 94565-1701 Toll Free Telephone: (877) 252-9262/Fax: (925) 252-9269 "When Quality Counts" http://www.mccampbell.com/E-mail: [email protected] Test Maintenance: On a daily basis, fresh test dilutions shall be prepared using the most recent effluent sample received. Water quality parameters (e.g. temperature, pH, D.O., EC) for each test treatment shall be measured prior to being used for testing and recorded on a test datasheet. Once the test solutions have warmed up to the appropriate test temperature, testing shall either be initiated or maintained by renewing the solution in each test. After test solutions have been renewed, aliquots of the solutions to which the organisms have been exposed to are retained and old water quality measurements are collected to ensure that the water quality parameters of the solutions are acceptable. This helps identify possible causes of organism mortality (e.g. dissolved oxygen crash) not related to toxicity as well as ensure that the test solutions were correctly renewed the day prior. Should dissolved oxygen levels in any of the test replicates decrease to ~ 4.0 mg/L, the entire test shall be aerated using a small-bore pipettes and an aeration rate not to exceed 100 bubbles/min in each replicate, as directed by USEPA (2002) WET guidance.
Test Termination: On the last day of a test, appropriate water quality parameters are measured, and the test organisms are removed from the test solutions and euthanized in a humane manner. Survival, growth, or reproduction data will be measured and recorded appropriately.
Statistical Analysis: Once the test data is complete, all test data is uploaded directly to our CETIS statistical software database and appropriate statistical calculations for organism survival and mean dry biomass (e.g. hypothesis testing and point-estimate analyses) are performed. All test data shall be reviewed for data quality and dose-response curves shall be reviewed for acceptability.
Validation and Notification: Preliminary results for testing will be available within 24-72 hours after the test has terminated and will be emailed to the city of Lodi. MAI will immediately notify Lodi if any potential toxicity is identified in the routine compliance test.
Analytical Reports: Analytical reports include comprehensive data on test parameters, toxicity levels, and water quality measurements, ensuring transparency and accountability.
Chronic toxicity reports shall include the following as applicable:
• Cover page with signature
• Sample date(s)
• Test initiation date
• Test species
• End point values for each dilution (e.g. growth rate, percent survival) • No Observable Effect Level (NOEL) values in percent effluent. The NOEL shall equal the IC25 or EC25. If neither IC25 nor EC25 can be determined, the NOEL shall equal to the No Observable Effect Concentration (NOEC) derived using hypothesis testing. The NOEC is the maximum percent effluent concentration that causes no observable effect on test organisms based on a critical life stage toxicity test.
• IC15, IC25, IC40, and IC50 values (or EC15, EC25, EC40, and EC50) as percent effluent • TUc values (100/NOEL, where NOEL=IC25, EC25 or NOEC)
• Mean percent mortality (ts.d.) after 96 hours in 100% effluent (if applicable) • IC50 or EC50 value(s) for reference toxicant test(s)
McCampbell Analytical, Inc. To Fre it on 81222 : (25 32-026 "When Quality Counts" tp://www.mccampbell.com/E-mail: [email protected] • Three sample median and three most recent chronic toxicity results • Available water quality measurements for each test (Chlorine residual, pH, DO, temperature, conductivity, hardness, salinity, ammonia)
• Future TST pass/fail evaluation
Quality Control (QA/QC) Program: OA/QC data, including concurrent reference toxicant data and control charts, are provided with each test report. Any deviations from protocol are documented in detail.
The QA/QC data shall consist of:
1) Results of the concurrent reference toxicant data with the statistical output page for all species and dilutions giving the NOEC, LOEC, type of toxicant, dilution water used, concentrations used, PMSD, and dates tested. TST statistical analyses can also be performed upon request at no charge.
2) The concurrent reference toxicant control charts for each test will be submitted with the reports and will include charts for the LC50, IC50, and IC25 as applicable. 3) Any information related to deviations from protocol or problems encountered will be addressed in a case narrative in the QA/QC section of the report.
4) All records are kept on file for a minimum of five years at the MAI facility. 1534 Willow Pass Road, Pitsburg, CA 94565-1701
McCampbell Analytical, Inc
"When Quality Counts"
Fee Proposal for Bioassay Laboratory Services
Requested By: Jeremy J Geiger Quote ID: 242925
City of Merced Public Works (COME)
10260 Gove RoadMerced, CA Prepared DATE: March 04, 2024 95340
(209) 564-0386
[email protected] Expiration DATE: June 30, 2027 Assigned PM: Alexander Anderson
Project Name: RFP- BIOASSAY LABORATORY SERVICES Prepared By: Beverlyn Madrigal Project Na:
Test Name Test Method TAT Matrix Qty Unit Price Total
Tarts:
Acute 96-tir Static 48-hr Renewal Screen w/ FHM EPA 2000.0 10 days 4 $360.00 $1,440.00 Chronic Ceriodaphnia dubia Dilution Series EPA 1002.0 14 days EFF 4 $1,425.00 $5,700.00 Chronic Cerlodaphnia dubia Ref Tox EPA 1002.0 14 days 4 $850.00 $3,400.00 Chronic Ceriodaphnia dubia Dilution Series EPA 1002.0 14 days EFF $1,425.00 $2,850.00 Chronic Carlodaphnia dubia Ref Tax EPA 1002.0 14 days $850.00 $1,700.00 Fix-Rate Items:
Courier Trip 12 $200.00 $2,400.00
Courier Trip-Excelerated Monitoring 6 $200.00 $1,200.00 Technical Director Hourty Rate (TRE/TIE) 1 $300.00 $300.00 Staff Scientist 1 $150.00 $150.00
Sample Disposal Fee 4 $5.00 $20.00
Sample Disposal Fee (TRE/TIE) 2 $5.00 $10.00
Tests SubTotal: $15,090.00
Fix-Rate Items SubTotal: $4,080.00
TOTAL: $19,170.00
Comments:
The Quote ID mumber 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.
MAI offers Same-Day, 1-Day, 2-Day, 3-Day, 4-Day TAT at 150%, 100%, 50%, 25%, 10% markups from standard TAT, respectively on most analyses. All rush TATs must be arranged in advance of sample submission. Our Sample Reception department is oper Monday through Friday; 8:00AM-9:00PM. Samples received after 5PM are considered received the following da If you have any questions or concerns about this quote, please contact our Sales & Marketing team at [email protected]. Thank you for the opportunity to provide analytical support to your upcoming project.
For compliance purposes, per the method(s) quoted samples must be received at the Lab on ice at less than 4°C.
Exhibit B
Matrix Legend: EFF = Effluent: W = Water.
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA. 94565-1701 Toll Free Telephone: (877) 252-9262 / Fax: (925) 252-9269 "When Quality Counts" http://www.mccampbell.com/E-mail: [email protected] Confidentiality and Acceptance of Terms and Conditions
Keports and resuits produced by MAl will be held confidentially through legally enforceable commitment and will not be released to any third parties witho proval from the client, unless required by law. If MAI is required to release confidential information by law or contractual agreement, the client will be notifi • Submittal of sample(s) for analysis under a Chain of Custody (COC) will indicate acceptance of requirements set forth in these Terms and Conditions.
Credit and Terms of Payment
MAI accepts payment by check, cash, VISA, MASTERCARD, AMEX, and DISCOVER. ..
To establish an account with McCampbell Analytical, Inc. (MAI), first time clients must submit a completed credit application. Credit applications may take up te wo weeks to process. Pre-payment of analytical results is required for release of results if credit has not been established. If a client does not wish to submit credit application, a payment authorization form will need to be submitted at the time of sample submission. • Third party billing is only permitted with written authorization from the sample submiting client stating that they will be responsible for payment should the third party be delinquent. MAl reserves the right to refuse any third party billing request.
Upon credit approval, MAI will not accept "pay when 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. • MAi reserves the right to withhold reporting of results if a client fails to pay on any invoice beyond 90 days. In accordance with FTC guidelines, a finance charge of 1.50% per mouth will be assessed on balances not paid within the due date of the invoice. Unpaid invoices of more than one year overdue may be subject to collections and collection fees at the sole discretion of MAI. Overdue accounts are responsible for all legal and collection fees.
Expedited Turnaround Times
• Standard turnaround time (TAT) for laboratory service is 5 business days for most analyses. Expedited tumaround times are typically available for most analyses.
Please contact an MAl Project Manager in advance of sample delivery to discuss rush TAT availability. • Completion of any rush or standard TAT service is subject to MAl's availability and 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 turnaround times may not be achievable. In the event rush data cannot be met for all requested analysis in the Work Order, a partial report will be emailed on the due date followed by the final report upon completion, rush fees will apply to partial reports. MAI's expedited turnaround time surcharges for most tests are as follows, sub-contracted laboratory surcharges may vary:
SAME DAY - 150% 1 DAY TAT-100% 2 DAY TAT-50% 3 DAY TAT-25% 4 DAY TAT -10% Samples received at the lab after 5 PM are considered received on the next business day for TAT purposes.
Cancellation and Changes
• 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 an extraction and/or analytical fee depending bow far along samples have been processed within the lab.
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.
• Additions to the scope of work may prolong the turnaround time. The turnaround times for all analytical additions start on the date that the change is made. All changes/amendments to a Work Order must be provided to MAI in writing, preferably via email to [email protected].
Sample Receiving
• MAI is open to receive samples Monday through Friday; 8 AM- 8 PM. Samples received after 5 PM, including samples transported by MAI courier, 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. • MAI encourages clients to drop off rush samples directly to our lab in order to assure the timely processing of samples; alteratively, MAI can usually arrange to hire a private courier at client's expense in an effort to expedite the timely processing of samples. MAI cannot guarantee that our couriers will be able to return to • In the event that samples are received and placed on hold, MAI will charge $10 per sample or per core for soils. Water samples will be held for 30 days and soil/solid samples will be held for 60 days (30 days refrigerated/ 30 days not refrigerated) without prior agreements made in writing. If samples are later analyzed and taken off hold the fee will be credited and analytical fees will then be changed.
Samples that are taken off of hold with less than half of their bolding time remaining will be charged rush fees.
Samples with >72 hour hold times, received with less than half the remaining hold time will be charged rush fees.
Sample Container Preparation and Delivery
• MAI provides high quality sampling containers and ice chest cooler(s) upon request to our clients. Delivery costs, excluding air equipment, are included within the quoted analytical pricing for shipping to destinations within the mainland United States, excluding Hawaii, Puerto Rico, Alaska, and other non-contiguous U.S. territories. Containers will be shipped via GSO or UPS ground or delivered by MAI couriers upon arrangement. A minimum of 1 week advance notice is required NELAP Accredited #4033 CA ELAP Accredited #1644
McCampbell Analytical, Inc. 1534 Willow Pass Road, Pittsburg, CA. 94565-1701 Toll Free Telephone: (877) 252-9262/Fax: (925) 252-9269 "When Quality Counts" http://www.mccampbell.com/E-mail: [email protected] in order to facilitate shipment of items by ground shipping. Unused retured bottle orders are subject to additional fees. Additional disposal fees may be applied if sample containers are returned to the laboratory unused and cannot be redistributed.
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 of return shipment of samples to the laboratory unless otherwise arranged with MAI.
Courier Service and Sample Pick-Up
• MAI offers complimentary courier services throughout the greater SF Bay Area to our clients. Exclusions and fees may apply based on availability, proximity, and a $250 minimum Work Order. MAI requires that all sample pickup and sample bottle requests be emailed to our Sample Reception department at [email protected] at least 24 hours in advance of the date they are needed. For larger bottle orders please allow at least one week advance notice for prep and delivery. MAI makes every effort possible to accommodate our clients' desired pickup and delivery timeframes; however, MAI is not responsible for expired sample hold times while end route to the lab. A 3 hour time window is required for all pickups and deliveries.
Sample Storage and Disposal
. MAI charges a $5 per sample Environmental Waste Management Disposal fee.
Known bazardous samples will be retumed to the client or disposed of at the client's expense.
Water samples are disposed 30 days after receipt and soil samples are disposed of 60 days after receipt (30 days refrigerated/ 30 days not refrigerated) unless other arrangements are made in advance.
Organic extracts are held for 40 days before being disposed of; Inorganic extracts are held for 30 days. • Saraples can be held for longer than 30 days (waters) and 60 days (soils) upon written request to a Project Manager preferably via email @ [email protected]. Client will be billed at 53 per sample/ per mouth (per core for soils) for extended sample storage. Contact a Project Manager to arrange for extended storage.
Reporting and Data Archiving
• MAI delivers completed reports by electronic email (PDF). When requested, MAI can deliver analytical data via EDD, CLIP EDT, WaterTrax, EQuIS, GIS-Key, EDF, Online Portal, fax, or hard copy via USPS. Additional charges may apply.
MAI may assess additional fees for modifying or developing EDD formats that are not already available. . Reporting to MDIs (I-flags) is not standard and will only be reported upon request.
If additional formats or retroactive deliverables are requested, additional fees may be assessed based on labor and materials needed to gouerate data retrieval. Data and reports are archived for a minimum of five (5) years from the reporting date. Please contact your Sales Representative or Project Manager to inquire about availability and price of additional deliverables.
MDL/RL Disclaimer
• MAT'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 or matrix interference. MAI reserves the right to dilute samples as necessary to avoid damaging instrurnentation. If you request that samples are to be analyzed undiluted, additional charges may be assessed.
Multiple Dilutions Analyzed
• On multi-target analyte tists, MAI will report the analytical run containing the highest concentration component/analyte in the sample within the calibrated (quantifiable) range. Analytical screening runs are not reported. The laboratory will generally not be able to attempt greater than 10-fold more concentrated analysis than the standard dilution. These additional dilations will only be attempted if deemed not to pose a risk to analytical instrumentation. Please contact your Project Manager to inquire about the availability of this service for your project.
Quate
• 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 through dates specified on quote or specific to the length of the project or contracts. Analyses not listed under these contracts will be charged at our standard rates.
• Surcharges may apply for higher-level than Level Il data deliverables, expedited turnaround times, and custom electronic formats. • MAI routinely accepts projects requiring extensive Research and Development. Special studies will be quoted on a case by case basis. Analytical set-up fees are non-refundable regardless of outcome.
• Quotes are subject to client approval prior project start date.
Limitation of Lisbility / Waiver
• MAI will perform requested analyses based on the standard methods but may have to deviate from these methods when necessary, based on reasonable judgment.
Should any dispute arise between MAI and client, MAI is limited in liability to damages no greater than the cost of the analytical testing. • 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 construed as a waiver of such provisions.
NELAP Accredited #4033 CA ELAP Accredited #1644