FY2025-50 Kodiak Island Borough Semi -Annual NPDES Testing 2025 With EcoAnalysts, INC.CONTRACTS TRANSMIT 'AL FORM
RETENTION SCHEDULE: CL -09 CONTRACTS
Records related to obligations under contracts, leases, and other agreements between the Borough and
outside parties, successful bids, and proposals. Active records are kept by the corresponding department.
Apply retention (plus 4 years) once contract or agreement expires, or once product is procured. Apply retention
(plus 25 years) for agreements that involve real property.
DATE: 03/07/2025
REQUESTED BY:
Brian Price
DEPARTMENT: Engineering & Facilities CONTRACT NO.: FY2025-50
VENDOR OR SERVICE PROVIDER: EcoAnalysts
CONTRACT TITLE: Semi -Annual NPDES Testing
Administrative contracts are contracts approved by the manager within the spending authority
allowed by code. Assembly approved contracts are beyond the manager's spending authority and
require approval by the Assembly during a meeting.
APPROVED BY: Administrator DATE OF APPROVAL: 2/11/25
TYPE OF CONTRACT: Contract
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE: 06/30/2030
PURGE DATE: 07/01/2030
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
FILL OUT BELOW IF THE RECORD AMENDS, EXTENDS, IS A CHANGE
ORDER TO A CONTRACT, OR IS AN ADDENDUM TO A CONTRACT
DATE:
CONTRACT NO.:
REQUESTED BY:
CATEGORY: Select One
APPROVED BY: Select One TYPE OF CONTRACT: Select One
PROVIDE DETAILS FOR ANY AUTOMATIC RENEWALS OR EXTENSIONS BELOW:
EXPIRATION DATE:
PURGE DATE:
If there is no expiration/purge date, enter 9999 as the year for open-ended contracts AND explain the
process below on how or when it should be flagged for review.
Y:\U - RECORDS\FORMS\20240802 Contracts Transmittal Form.docx Rev. 08/02/2024
CONTRACT FY2025-50
MA N A LYSTS, INC.
CLIENT: Kodiak Island CLIENT PM: Jena Hassinger
PROJECT: Kodiak Island Borough Semi -Annual NPDES Testing 2025 DATE OF BID: 2/3/2025
EcoAnalysts PM: Michelle Bennett Reference: PG2161
Assumptions:
1 Sample shipping supplies will be provided.
2 Testing will include reference toxicant test to assess organism sensitivity.
3 Testing will include a data report, statistical package, and CETIS Export File (if requested).
4 Cancellations within 48 hours of scheduled performance will incur a 50% cancellation fee for the respective tasks
5 Payment Terms: Net 30 days; credit cards accepted and are subject to a 3% convenience fee
BID SUMMARY
Task
Unit Cost
CHRONIC: Fathead minnow (Pimephales promelas) 7 -day survival and growth static -renewal test. Dilution series.
With concurrent FHM Chronic Reftox
$2,713
CHRONIC: Daphnid (Ceriodaphnia dubia) 6 -7 -day survival and reproduction static -renewal test. Dilution series.
Reftox fee waived.
$2,740
*Sample Kit Shipment to Kodiak, AK: 3 coolers with 1 x 10L cubitainer in each
$450
*Sample delivery from SETAC airport: 3 Samples. Coordinated with a third party service provider. Associated costs will
be amended to the final invoice. EcoAnalysts will coordinate after client provides the airway bill.
$1,300
*Estimated costs provided; actual costs will be invoiced
Permit Cycle Summary
Summer Total $7,203
Winter Total $7,203
Annual Total $14,406
SAMPLING:
Samples should be either a 24-hour composite sample (if proper equipment and staffing is available) or a grab sample collected at a
discrete time (as specified in the Permit). Samples should be maintained and shipped on ice, such that the temperature is 0 — 6
degrees Celsius upon receipt. The sample holding time objective is 36 hours (from the time of the final collection event) for the whole
effluent toxicity tests.
Three (3) effluent samples collected every -other day will be required to provide test solution for initiation and renewals of the chronic
bioassays.A recommended sample collection schedule should include sampling on a Wednesday, Thursday, and Monday with sample
deliveries on the following day via overnight courier. An alternate schedule may also be arranged if desired.
SAMPLING SCHEDULE:
Sample 1
Sample 2
Sample 3
Shipping Wed for Thurs Delivery
Shipping Thurs for Fri Delivery
Shipping Mon for Tues Delivery
10 Liters
14 Liters
10 Liters
Please provide courier tracking information via email after shipment of samples.
CHRONIC: Three (3) effluent samples will be required to provide sufficient volume for test initiation and required test solution
renewals for the chronic uiciassays.
EFFLUENT VOLUMES:
# of Samples
Component
Liters (L) of Sample
per Test
Chronic Toxicity: Fathead Minnow 7 -day Survival and Growth Static Renewal Test
10
3
Chronic Toxicity: Ceriodaphnia dubia 7 -day Survival and Reproduction Static
Renewal Test
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4770 NE View or' PO Box 216
Port Gamble, WA 98364
www.ecoanalysts.com
(360) 297-6040
® ANALYSTS, INC.
GENERAL TERMS AND CONDITIONS FOR LABORATORY SERVICES
EcoAnalysts, Inc. ("EcoAnalysts"), agrees to provide professional services to you ("Client") under the
following General Terms and Conditions:
1. Fees: EcoAnalysts bills for its services on a time and materials basis using standard hourly rates.
EcoAnalysts also bills for its services on a fixed unit price basis for laboratory and some field related
services. if requested, EcoAnalysts will provide an estimate of the fees for a particular task based on a
mixture of time related costs and fixed unit prices, where appropriate. EcoAnalysts will not exceed that
estimate without prior Client approval. For deposition and testimony EcoAnalysts charges premium
hourly rates. In certain circumstances EcoAnalysts will undertake an assignment on a fixed fee basis if
the requirements can be clearly defined.
2. Invoicing: EcoAnalysts bills its clients on a monthly basis using a standard invoice format. This
format provides for a description of work performed and a summary of professional fees, expenses, and
communication and reproduction charges. For more detailed invoicing requests, EcoAnalysts reserves
the right to charge for invoice preparation time by staff members.
3. Payment: EcoAnalysts invoices are payable within 30 days of receipt date. EcoAnalysts reserves the
right to assess a late charge of 1.5 percent per month for any amounts not paid within 30 days of the
receipt date. EcoAnalysts also reserves the right to stop work or withhold work product if invoices
remain unpaid for more than 60 days past the receipt date. If EcoAnalysts' work relates to a business
transaction, EcoAnalysts shall be paid in a timely fashion, without regard to whether or when the
transaction closes. If EcoAnalysts legal counsel determines that EcoAnalysts is required to take legal
action to obtain payment for unpaid invoices and EcoAnalysts prevails in court, Client agrees to pay all of
EcoAnalysts' costs associated with the legal action, including reasonable legal fees.
4. Access and Information: Client agrees to grant or obtain for EcoAnalysts reasonable access to any
sites to be investigated as part of EcoAnalysts' scope of work. Client also shall make available to
EcoAnalysts all information within its control necessary to allow EcoAnalysts to perform its services and
agrees to comply with reasonable requests by EcoAnalysts for clarification or additional information.
Client shall be responsible for the accuracy of this information. EcoAnalysts shall not be responsible for
any damage to underground structures or utilities to the extent such damage was caused by incomplete
or inaccurate information provided to EcoAnalysts by Client or any third party. Client agrees to make
EcoAnalysts aware of any unsafe conditions at any project site about which Client has knowledge.
5. Reporting Requirements: Client may be required under federal, state or local statutes or
regulations to report the results of EcoAnalysts' services to appropriate regulatory agencies. EcoAnalysts
is not responsible for advising Client about its reporting obligations and Client agrees that it shall be
responsible for all reporting, unless EcoAnalysts has an independent duty to report under applicable law.
In those situations, EcoAnalysts will provide Client with advance notice that EcoAnalysts believes that it
has an obligation to report as well as the substance of the report it intends to make.
6. RCRA Compliance_: Client shall be responsible for complying with the Resource Conservation and
Recovery Act, 42 U.S.C. Section 6901 et. seq. ("RCRA") and its implementing regulations in connection
with EcoAnalysts' work under this Agreement. Client may request EcoAnalysts' assistance in meeting its
RCRA and other similar waste management obligations, including analytical testing to assist Client in
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proper characterization of waste, identifying potential transporters and disposal facilities for waste
(provided that Client shall make the final selection of both the transporter and disposal facility), entering
into subcontracts or purchase order arrangements with the transporters and/or disposal facilities
selected by Client, and preparing manifests for the Client's approval and execution. Client agrees that,
by virtue of providing these services, EcoAnalysts shall not be deemed a "generator" or a party who
"arranges" for the "transportation," "treatment" or "disposal" of any "hazardous waste" or "hazardous
substance" (as those terms are defined in the Comprehensive Environmental Response Compensation
and Liability Act or "CERCLA", 42 U.S.C. Section 9601). Client agrees to indemnify, defend and hold
EcoAnalysts, its directors, officers, employees and agents, harmless from and against any and all
damages, claims, demands, judgments, obligations, liabilities, any costs (including reasonable attorneys'
and expert fees) relating to: (1) EcoAnalysts' work in assisting Client with its RCRA obligations; and (2)
the transportation, treatment, and disposal of hazardous substances or hazardous waste generated by
the field activities conducted for Client.
7. Confidentiality: EcoAnalysts treats all information obtained from clients as confidential, unless such
information is previously known to EcoAnalysts, comes into the public domain through no fault of
EcoAnalysts, or is furnished to EcoAnalysts by a third party who is under no obligation to keep the
information confidential. If EcoAnalysts is subpoenaed to disclose confidential information obtained
from Client or about EcoAnalysts' work for Client, EcoAnalysts will give Client reasonable notice and the
opportunity to object before releasing any confidential information.
8. Independent Contractor: Client agrees that EcoAnalysts is acting as an independent contractor and
EcoAnalysts shall retain responsibility for and control over the means for performing its services.
Nothing in these Terms and Conditions shall be construed to make EcoAnalysts or any of its officers,
employees or agents, an employee or agent of Client.
9. Standard of Care: In performing services, EcoAnalysts agrees to exercise professional judgment,
made on the basis of the information available to EcoAnalysts, and to use the same degree of care and
skill ordinarily exercised in similar circumstances by reputable consultants performing comparable
services in the same geographic area. This standard of care shall be judged as of the time the services
are rendered, and not according to later standards. EcoAnalysts makes no other warranty or
representation, either express or implied, with respect to its services. Estimates of cost,
recommendations and opinions are made on the basis of EcoAnalysts' experience and professional
judgment; they are not guarantees. Reasonable people may disagree on matters involving professional
judgment and, accordingly, a difference of opinion on a question of professional judgment shall not
excuse Client from paying for services rendered.
EcoAnalysts will conduct toxicology tests as prescribed in standard industry methodology, which
includes test acceptability requirements. From time to time the quantity or quality of test organisms
cannot be obtained. EcoAnalysts will notify Client when this occurs and suggest delaying the testing until
such organisms become available. EcoAnalysts will conduct the tests at Client's request but EcoAnalysts
will not be responsible for any test failures that might occur under those circumstances.
Client recognizes that there may be hazardous conditions at sites to be investigated as part of
EcoAnalysts' work. Client acknowledges that EcoAnalysts has neither created nor contributed to the
existence of any hazardous, toxic or otherwise dangerous substance or condition at the site(s) which are
covered by EcoAnalysts' work. Client also recognizes that some investigative procedures may carry the
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risk of release or dispersal of pre-existing contamination, even when exercising due care. Client releases
EcoAnalysts from any claim (including claims under CERCLA or state law) that it is an "operator" of any
site where it performs work for Client or a "generator" or a party who "arranges" for the
"transportation," "treatment" or "disposal" of any "hazardous substance" (as those terms are defined in
CERCLA), by virtue of EcoAnalysts' work for Client at any site.
10. Insurance: EcoAnalysts shall maintain the following insurance coverage while it performs the work
described herein: (1) statutory Workers Compensation and Employer's Liability Coverage; (2) General
Liability for bodily injury and property damage of $1,000,000 aggregate; (3) Automobile Liability with
$1,000,000 combined single limit; and (4) Professional Liability and Contractor's Pollution Liability with a
combined single limit of $1,000,000 per claim and in the aggregate. If Client desires additional insurance
or special endorsements, premiums associated with that coverage would be considered a reimbursable
expense. Upon request, EcoAnalysts will provide Client with a certificate of insurance.
11. Third Parties: EcoAnalysts' services are solely for Client's benefit and may not be relied upon by any
third party without EcoAnalysts' express written consent. Any use or dissemination of EcoAnalysts work
products (including EcoAnalysts reports), without the written consent of EcoAnalysts, shall be at Client's
risk and Client shall indemnify and defend EcoAnalysts from any and all damages, claims, demands,
judgments, liabilities and costs (including reasonable attorneys' and expert fees), related to the
unauthorized use or dissemination of EcoAnalysts' work. Client also agrees to be solely responsible for
and to defend, indemnify, and hold EcoAnalysts harmless from and against any and all damages, claims,
demands, judgments, liabilities and costs (including reasonable attorneys' and expert fees), asserted by
third parties arising out of or in any way related to EcoAnalysts' performance or non-performance of
services, except for claims of personal injury or property damage to the extent caused by the negligence
or willful misconduct of EcoAnalysts' employees.
12. Limitation of Liability: EcoAnalysts shall be liable only for direct damages that result from
EcoAnalysts' negligence or willful misconduct in the performance of its services. UNDER NO
CIRCUMSTANCES SHALL ECOANALYSTS BE LIABLE FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR
PUNITIVE DAMAGES, OR FOR DAMAGES CAUSED BY CLIENT'S FAILURE TO PERFORM ITS OBLIGATIONS
UNDER LAW OR CONTRACT. EcoAnalysts shall not be liable for and Client shall indemnify EcoAnalysts
from and against all damages, claims, demands, liabilities and costs (including attorneys' and expert
fees) arising out of or in any way related to EcoAnalysts' performance or non-performance of services,
including all on-site activities except to the extent caused by EcoAnalysts' negligence or willful
misconduct. In no event shall EcoAnalysts' liability exceed the amount paid to EcoAnalysts by Client for
the professional services (net of reimbursable expenses) provided under this Agreement, and Client
specifically releases EcoAnalysts for any damages, claims, liabilities and costs in excess of that amount.
13. Termination: This Agreement may be terminated by either party upon ten (10) days written notice
to the other. If Client terminates the Agreement, Client agrees to pay EcoAnalysts for all services
performed until the effective date of the termination. Client's obligations under Paragraphs 3, 4, 8, 9,
11, 13, and 14 shall survive termination of this Agreement and/or completion of the services hereunder.
14. Disputes: All disputes under this Agreement shall be resolved by binding arbitration under the rules
of the American Arbitration Association. if EcoAnalysts' personnel or documents are subpoenaed for
depositions or court appearance in any dispute related to the project (except for disputes between
EcoAnalysts and Client related to EcoAnalysts' services), Client agrees to reimburse EcoAnalysts at
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EcoAnalysts' then current billing rates for responding to those subpoenas, including out-of-pocket
reimbursable expenses.
15. Scope of Agreement: Once Client has signed EcoAnalysts' proposal, that proposal and these Terms
and Conditions shall constitute the complete and exclusive Agreement between the parties and will
supersede all prior or contemporaneous agreements, whether written or oral. No provision of these
Terms and Conditions may be waived, altered or modified except in writing and signed by EcoAnalysts.
Client may use standard business forms, such as purchase orders, for convenience only; any provision on
those forms that conflicts with these Terms and Conditions shall not apply.
16. Nonsolicitation: Both EcoAnalysts and Client agree during the term of this Agreement and for 12
months following its termination for any reason, neither party will solicit for employment, or hire as an
employee or contractor, any personnel of the other party involved in the performance of services to
under this Agreement.
17. Force Maieure: EcoAnalysts shall not be liable in any way because of any delay or failure in
performance hereunder due to unforeseen circumstances or causes beyond its control, including without
limitation strike, lockout, embargo, riot, war, act of terrorism, fire, act of God, accident, failure or
breakdown of components necessary to order completion, subcontractor or supplier non-performance,
inability to obtain labor, materials or manufacturing facilities, or compliance with any law, regulation or
order.
Authorizing Agent (Printed Name): r VAee WtkIICVV 5
Signature:
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Organization: Vt>6[\ a_V__
Date:
Invoice Instructions
Accounting POC Name: b o iin 8 `l
Email Address for Invoice Delivery:
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