FSAFB Plume B Remediation Change Order No. 3 CHANGE ORDER NO.3
SPECIALTY CONTRACTOR AGREEMENT
The Owner desires to add additional services to the Specialty Contractor Agreement dated the 1st
day of May, 2024, by and between the following parties, for Plume B Soil Source Area
Remediation.
PARTIES TO SCA
CITY: City of Salina,Kansas (contracting party for Public Entities)
P.O.Box 736
Salina,KS 67402-0736
CONTRACTORS: Pace Analytical
9608 Loiret Blvd#2406
Lenexa, KS 66219
PROJECT and RELATED ENTITIES
PROJECT: Remedial Design/Remedial Action
Amendment to the Consent Agreement and Final Order
Former Schilling Air Force Base, Salina,Kansas
Remedial Design/Remedial Action(RD/RA) Scope of Work
RD/RA Work Plan: Remedial Design/Remedial Action Work
Plan 3—Remediation of Plume B Soil Source Area
OWNER: City of Salina,Kansas;
Salina Airport Authority;
USD No. 305 of Saline County,Kansas; and
Kansas State University
(Collectively,the"Public Entities"or"Owner")
CONSULTANT: The Dragun Corporation
30445 Northwestern Highway, Ste. 260
Farmington Hills,MI 48334
CHANGE ORDER NO.3:
1. Based on analytical laboratory results from during the Plume B Excavation,Dragun and
the Salina Public Entities agree that additional soil testing is necessary. This change
order allows Pace Analytical to test 30 soil samples.
2. The estimated cost for these services is$3,456.00.
3. The new Contract Price including this Change Order will be$ 25,656.00.
2023-04-24 Page 1 of 2 Initials
4. These services were not included in the scope of work included in the existing Specialty
Contractor Agreement.
5. The amount of the adjustment of the contract price is defined in the attached Pace
Analytical quote.
6. The services were or will be completed between September 20, 2024 and November 30,
2024.
7. All requirements of the original Specialty Contractor Agreement shall apply to the
performance of the Change Order work.
IN WITNESS WHEREOF, the parties have executed this Change Order No. 1 effective as of the
date written below.
CITY OF SALIN KANSAS
BY: A /�i,/L
M. Snit City Manager
Date: I Oh/2c1
ATTEST:
(47*Nikki Goding, City Clerk ,
2023-04-24 Page 2 of 2 Initials
9608 Loiret Boulevard
Lenexa,KS 66219
Phone:913-599-5665
ace® Fax:913-599-1759
Quote Prepared for:
Dragun Corporation Jeff Wilson
30445 Northwestern HighwaySuite 260 (248)932-0228
Farmington Hills,MI 48334 jwilson@dragun.com
Quote Information
Quote Name 00170169-Dragun Corporation-Schilling Project Created Date 9/19/2024
Soil VOCs-09/18124 Expiration Date 12/31/2024
Quote Number 00170169
Pace®Contact Information
Account Executive Pace Project Manager
Duane Hattem Ryan Brumfield
duane.hattem@pacelabs.com ryan.brumfield@pacelabs.com
(616)307-1587 704-734-4234
Project Information
Standard TAT: 10 Business Days Shipping InformationSamples dropped off at Pace Salina,KS.
Rush Surcharges: 10 day=Standard,7 day=1.25x,5 day=1.50x,4 Report Level Level II
day=1.75x,3 day=2.00x,2 day=2.50x, 1 EDD Requirements:NA
day=3.00x
Certification Kansas
Project Location KS Requirements
Special Instructions Analysis performed at Pace®Lenexa,KS.
Will be invoiced to City of Salina;invoicing
information below.
Payment Information
Customer Invoice Martha Tasker Payment Terms:
To Contact: Payment Term
Customer Invoice martha.tasker@salina.org Details:
To Email: Is P.O.Required for No
Credit Application Credit Approved Payment?
Approved?
Minimum Laboratory Fee(per work order)
$275
Quote Details
Quantity Method Matrix Product Line Item Description Sales Price Sub-Total Total-Price
30.00 EPA 8260 Solid Only Volatile Organic Compounds(VOCs)(soil) $84.80 $2,544.00 $2,544.00
30.00 Solid Only Sampling Media TerraCore Kit $16.00 $480.00 $480.00
30.00 SM 2540G Solid Only Percent Moisture/Dry Weight(soil) $6.40 $192.00 $192.00
9608 Loiret Boulevard
Lenexa,KS 66219
Phone:913-599-5665
acesFax:913-599-1759
1.00 Environmental Impact Fee(Per Invoice) $30.00 $30.00 $30.00
30.00 Sample Disposal(per sample) PER SAMPLE $7.00 $210.00 $210.00
Estimated Grand-Total $3,456.00
For New Customer and Credit Application Form.Click Here
Additional Pricing Considerations:
If you have specific questions about any conditions noted below,please contact your Pace Analytical Representative.
•Unless accepted,signed and returned,or otherwise noted above,proposal expires 60 days from Created Date above.
•Quoted prices include standard Pace Analytical QA/QC,reporting limits,compound lists and standard report format unless noted otherwise.
•If project specific MS/MSD samples are submitted,they may be billable.
•Volatile soils need to be frozen within 48 hours of collection. To facilitate this,they should be submitted to the lab within 40 hours of
collection.
•TAT(Turn Around Time)is in working days unless otherwise specified above.
•To ensure requested TAT is available,please coordinate with your Pace Analytical representative at time of sample submittal.
•Any deviation from the above quoted scope of work,including sample arrival date and volume,may result in adjustment of prices.
•Please include Quote Number on Chain-of-custody to ensure proper billing.
•Pricing includes standard delivery of bottle/sample kits and coolers.
•Charges will apply for non-standard shipping and for projects where shipping exceeds 10%of the total analytical costs of the shipment.
•All air and air-related equipment charges(i.e.rental fees for unused,unretumed or damaged equipment,are detailed in the Pace®Canister
Use Policy
•PACE RESERVES THE RIGHT TO SURCHARGE ON CREDIT CARD PAYMENTS BASED ON CARD TYPE AND ZIP CODE
•PACE RESERVES THE RIGHT TO PASS ALONG ALL EXPEDITED SHIPPING FEES.A MINIMUM FEE OF$100 PER COOLER MAY BE
APPLIED.
Pace Analytical Terms and Conditions
These Standard Terms(Terms)govern all services that Pace Analytical ("Lab")will perform on behalf of
("Client"),and supersede any other written provisions(including purchase/work orders)related to the services,
as well as all prior discussions,courses of dealing,and/or performance,unless a separate,executed agreement for the same or similar
services already exists between the Lab and Client(collectively"the Parties),or the Parties subsequently agree to terminate or amend these
Terms,as allowed in Section 10 and 12,respectively.
1. Definitions:
Chain of Custody(COC):A document evidencing the collection,handling,delivery,etc.of a sample or Sample Delivery Group
Holding Time:The maximum amount of time a sample may be stored before being analyzed.
Sample Delivery Acceptance(SDA):The date and time when Lab officially receives a sample or Sample Delivery Group,as evidenced by
either a notation on the Chain of Custody or an entry in the Lab's information management system(LIMS).
Sample Delivery Group(SDG):A set of samples normally shipped and reported to the Lab as a group.
Turnaround Time(TAT):The maximum allowable period within which Lab must report out its analytical testing results to Client,calculated
from the date of SDA.
2. Client's Obligations:
a. To initiate Lab's services,Client must reference a quotation number(if applicable)and complete one of the following steps:
i. Submit a completed purchase order by:
1.hand(i.e.,in person)
2.mail,or
3.e-mail;or
ii. Place an order by:
1.telephone
2.e-mail,or
3.delivering a sample(or SDG)to Lab and completing the COC
b. Subject to occasional,mutually agreed-upon exceptions,Client must give five(5)days'prior notice for each sample delivery and
provide the following information:
i. Name of the responsible project manager
ii. Name of the person submitting the sample
iii. Name/location of collection site
9608 Loiret Boulevard
Lenexa,KS 66219
Phone:913-599-5665
Fax:913-599-1759
ace®
iv. Date and time of collection
v. Specific testing being requested,and
vi. Sufficient details about reporting requirement(s).
c. Client shall also:
i. Remain liable for any loss or damage to sample(s)until SDA(including that which may occur as a result of third-party
shipping delays)
ii. Payment Terms:Net 30 days from date of invoice unless a valid fully executed agreement is on file with Pace.
Hi. Notify Lab about any disputed charges or results within 30 days of receiving applicable invoice
iv. Reimburse Lab for any costs*related to delinquent payments
v. Demonstrate its(or,if applicable,the Prime Client's)credit worthiness by accessing the following link:
https://www.pacelabs.com/my-account.html and clicking on"Client Profile Information."(Note:Client must pre-pay for services
pending completion of this process and Lab's approval of a credit line.)
vi. Pay for any services it orders on any already analyzed sample
vii. Obtain Lab's written consent before assigning billing or payment of Lab services to any third party,(failure to do so shall
mean Client remains responsible for the payment of any outstanding balance)
viii. Refrain from using any of Lab's supplies(e.g.,containers)in connection with any non-Lab work
ix. Ensure that any sample(s)containing any known hazardous substance is(are)labeled,packaged,manifested,
transported,and delivered to Lab in accordance with all applicable regulations.(No SDA of any"high hazard"sample can
occur without Lab's express permission.)
x. Obtain Lab's prior written consent before publishing Lab's name and/or any data
xi. Reimburse Lab for any out-of-scope services and related expenses(e.g.,defending its analytical results or responding to
a subpoena for documents and/or expert testimony)
xii. Excuse Lab for any failure or delay in its performance caused by someone or something outside its control,e.g.,a third
party or"Force Majeure"event or circumstance,such as natural disasters or government shutdowns; and
xiii. Accept responsibility for any claims,damages,losses,expenses*,etc.to the extent caused by Client's:breach of these
Terms;negligence or willful misconduct(includes Client's use of Lab data for anything other than the specific purpose for
which it was intended),or violation of applicable laws.
3. Lab's Obligations:
Lab shall:
a. Perform its services in accordance with generally accepted analytical and environmental laboratory practices and professionally
recognized standards.
b. Identify on quotation if services will be sent to another Lab location or to a third party.
c. Promptly notify Client of any:
i. Missing sample or otherwise compromised sample(s)
H. Significant delays or other issues affecting Lab's services,or
iii. Subpoena or similar demand for Lab compliance
d. Maintain high-quality services.
e. Prepare and keep accurate records.
f. Obtain/maintain any permit(s),license(s),or certification(s).
g. Charge its fees on a net 30 basis(unless otherwise agreed).
h. Impose a one and one half percent(1.5%)per month late charge on any unpaid balances.
i. Assess a two and one half percent(2.5%)surcharge on any payments made by credit card.(Client can avoid this charge by paying
with a debit card,an e-check/check by phone,a wire transfer,or an ACH payment.)
j. Invoice Client for each sample or SDG as reported.
k. Assume risk of loss or damage to any Client sample(s)upon SDA.
I. Initiate analysis within established holding times—so long as SDA occurred within 48 hours of collection or the first half of the
maximum allowed holding time.
m. Indemnify Client for any claims,damages,losses,expenses*,etc.to the extent they were caused by Lab's breach of these Terms,
negligence or willful misconduct,or the negligence and willful misconduct of persons for whom Lab is legally responsible.
n. Warrant the results,with the express understanding that this warranty is exclusive and does not extend to any merchantability or
fitness for a particular purpose.
4. Lab's Discretionary Actions:
Lab may:
a. Cease all services,including any release of data,if Client does not pay as agreed
b. Reject or rescind any SDA if Lab decides sample poses any risk or hazard
c. Charge or bill Client directly for:
i. Any supplies(including containers)that are not used or returned
H. Expedited outbound/return shipping for any sample that is not time-sensitive
iii. Disposal of any air samples that have not been reclaimed within seven(7)days of Lab's SDA thereof
iv. Disposal of any other sample not been reclaimed within 21 days of Lab's SDA thereof,or as otherwise required
v. A minimum fee for invoicing and/or handling any sample
vi. A sample that underwent SDA,but was not analyzed,at Client's direction
vii. Additional shipping and handling as deemed necessary
viii.Change in scope and/or rescheduling fees
ix. Minimum fees or additional surcharges as necessary
x. Reasonable attorneys'fees
xi. Project resampling related to missed deliveries,etc.
9608 Loiret Boulevard
Lenexa,KS 66219
Phone:913-599-5665
Fax:913-599-1759
aces
xii. Off cycle pricing increase dictated by the market
xiii. Any request for re-analysis following release of the report if the results are within the variability of the method(or
acceptable parameters)
d. Return unused portions of samples found or suspected to be hazardous to Client,at Client's cost.
e. Retain Client's unreleased data and/or cancel Client's web portal access pending payment in full.
f. Increase prices on an annual basis to support market-driven cost-increases.
5. Multiple Dilutions: Lab will report a single value for each analyte based on the most appropriate analysis or dilution for that analyte.
Based on general screening where appropriate,samples will be reported on a dilution-only basis due to concentrations of target analytes
present.Lab may attempt a 10-fold more concentrated analysis if practicable. Client may also request and pay for additional dilutions if
practicable.
6. Dry Weight Correction/Percent(%)Moisture:Consistent with all applicable reporting methods,Lab will automatically analyze any solid
sample(soil)for%moisture to allow for dry weight correction and charge accordingly.If"wet weight"reporting is requested by the client or the
regulatory agency,Lab will maintain the charge for dry weight correction even if the results were not corrected for the applicable reporting
criteria.
7. Confidentiality:The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or
confidential information of each other and that they will not disclose such information except to those employees,subcontractors,or agents
who have expressly agreed to maintain confidentiality.
8. Governing Law:These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to
the principles of conflicts of law thereof.
9. Term:The Parties shall perform the services identified in the applicable purchase order or other agreement until completed or terminated
in accordance with Section 10 below
10. Termination:
a. Either party may terminate these Terms upon 30 days'prior written notice.
b. Lab may immediately terminate for any breach by Client,including its failure to pay within 60 days of Lab's dated invoice.
11. Limitation of Liability:
a. If a court of competent jurisdiction finds that Lab failed to meet applicable standards and if Client suffers damages as a result,Lab's
aggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.
b. This limitation shall not apply to any Client losses arising from Lab's negligence or willful misconduct,so long as Client:
i. Notifies Lab of any issue within thirty(30)days of receiving applicable invoice,and
ii. Allows Lab to defend its data,even to a regulatory agency that may have previously rejected same.
c. Notwithstanding the foregoing,neither Lab nor Client shall be liable to the other for special,incidental,consequential,or punitive
damages.
12. Amendment/Change Order:Any attempt to modify,vary,supplement,or clarify any provision of these Terms is of no effect unless
reduced to writing and signed by both Parties.
13. Storage of Data: Following final report issuance,Lab will retain back-up data and final test reports for ten(10)years in a format from
which the data and/or test report can be reproduced.
14. Intellectual Prope y:Lab shall retain sole ownership of any new method,procedure,or equipment it develops or discovers while
performing services for Client pursuant to these Terms.Lab may,however,grant a license to the Client for its use of same.
15. Non-competition:Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services
governed by these Terms.
16. Non-assignment: Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the
other party,except that Lab may freely transfer the services to another Lab location or,with Client's permission,subcontract the services to a
third-party.
17. Insurance:Lab carries insurance with the limits of coverage as indicated below and will,upon Client's request,submit certificates of
insurance showing same.
a. General Liability-$1,000,000 each occurrence;$2,000,000 general aggregate;
b. Personal and Advertising Injury-$1,000,000;
c. Automobile Liability-$1,000,000 combined single limit;
d. Excess Liability Umbrella-$5,000,000 aggregate;$5,000,000 each occurrence;
e. Worker's Compensation Insurance-statutory limits;and
f. Professional Liability$5,000,000 aggregate,$5,000,000 per claim.
18. Miscellaneous Provisions:
a. In the absence of an executed agreement between the Parties,the SDA will constitute acceptance of these Terms by Client.
b. The Parties may use and rely upon electronic signatures and documents for the execution and delivery of these Terms and any
amendments, notices,records,disclosures,or other documents of any type sent or received in accordance with these Terms.
9608 Loiret Boulevard
Lenexa,KS 66219
Phone:913-599-5665
Fax:913-599-1759
aces
c. The Parties are at all times acting and performing as independent contractors;neither one shall ever be considered an agent,
servant,employee,or partner of the other.
d. These Terms shall be binding upon,and inure to the benefit of,the Parties and their respective successors and assigns.
e. Lab's compliance with a subpoena or other order shall not violate any requirement for confidentiality between the Parties.
f. If any Term herein is invalidated or deemed unenforceable,it shall not affect the validity or enforceability of the other Terms.
IN WITNESS WHEREOF,Client and Lab have executed this Agreement through their duly authorized representatives as of the last date
below:
[Client]
By:
Name:
Title:
Date:
Pace Analytical
By:
Name:
Title:
Date:
*May include reasonable attorney's fees
Quote Prepared by:
Melanie Booms melanie.booms@pacelabs.com