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Alpha Analytical - Wastewater Pretreatment and Sampling (2018) - Amendment No. 24845-8215-5540v1 MDOLINGER\04706083 -1- SECOND AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND ALPHA ANALYTICAL LABORATORIES, INC. WHEREAS, the City of Gilroy, a municipal corporation (“City”), and Alpha Analytical Laboratories, Inc. entered into that certain agreement entitled “Agreement for Services”, effective on November 7, 2018, hereinafter referred to as “Original Agreement”; and WHEREAS, City and Alpha Analytical Laboratories, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. Article 4, Section A (Consideration) of the Original Agreement shall be amended to read as follows: “In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $85,000. 2. Exhibit “B” (Scope of Services) of the original agreement is hereby replaced with the attached Exhibit “B”. 3. Exhibit “C” (Milestone Schedule) of the original agreement is hereby replaced with the attached Exhibit “C”. 4. This Amendment shall be effective on March 11, 2020. 5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY ALPHA ANALYTICAL LABORATORIES, INC. By: By: [signature] Jimmy Forbis [signature] David S. Pingatore [employee name] City Administrator [name] Director of Sales [title/department] [title] Date: Date: DocuSign Envelope ID: 5631BFE8-38DA-4601-A124-F85D33173CD2 5/14/20205/17/2020 4845-8215-5540v1 MDOLINGER\04706083 -2- Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 5631BFE8-38DA-4601-A124-F85D33173CD2 4835-2267-0361v1 LAC\04706083 -1- EXHIBIT “B” SCOPE OF SERVICES As part of Morgan Hill and Gilroy's Wastewater Pretreatment Program, City of Gilroy staff will collect annual wastewater samples from approximately 15 businesses/sites, including the City of Gilroy's Wastewater Pretreatment Plant. Various analytical methods or sampling parameters, under 40 CFR Part 136 methods, are employed to meet state discharge sampling requirements. In addition, Alpha will provide wastewater sampling services as part of the Local Limits Study in the City's effort to update its Sewer Use Ordinance. Alpha Analytical Laboratories will provide both courier and analytical wastewater sampling laboratory services for multiple samples collected by the City of Gilroy. Courier services enable sampling parameters to meet prescribed wastewater hold times per state standards. DocuSign Envelope ID: 5631BFE8-38DA-4601-A124-F85D33173CD2 4835-2267-0361v1 LAC\04706083 -1- EXHIBIT “C” MILESTONE SCHEDULE Once a year, the Morgan Hill and Gilroy's Wastewater Pretreatment Program is responsible for collecting samples to meet program requirements. Alpha Analytical Laboratories will provide the required courier services to pick up samples at an agreed upon date, time, and location from the 15 businesses within the Cities of Morgan Hill and Gilroy, as well as for the Local Limits Study sampling. Alpha Analytical Laboratories will email completed analytical reports within agreed upon delivery date. The turnaround time is typically 15 days, unless specified otherwi se in chain of custody of other written agreement, including emails. DocuSign Envelope ID: 5631BFE8-38DA-4601-A124-F85D33173CD2 Certificate Of Completion Envelope Id: 5631BFE838DA4601A124F85D33173CD2 Status: Completed Subject: Request for E-Signature - Amendment #2 for Alpha Analytical Laboratories (Wastewater Sampling) Source Envelope: Document Pages: 4 Signatures: 4 Envelope Originator: Certificate Pages: 2 Initials: 0 Robert Carrera AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 2633 Camino Ramon Ste 500 San Ramon, CA 94583 Robert.Carrera@cityofgilroy.org IP Address: 207.7.154.9 Record Tracking Status: Original 4/21/2020 11:18:49 AM Holder: Robert Carrera Robert.Carrera@cityofgilroy.org Location: DocuSign Signer Events Signature Timestamp David Pingatore david@alpha-labs.com eSign Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 96.74.72.201 Sent: 5/14/2020 12:48:14 PM Viewed: 5/14/2020 12:49:40 PM Signed: 5/14/2020 12:50:01 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Andy Faber andy.faber@berliner.com eSign Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 73.63.177.178 Sent: 5/14/2020 12:50:02 PM Viewed: 5/15/2020 1:48:32 PM Signed: 5/15/2020 1:49:22 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Jimmy Forbis jimmy.forbis@cityofgilroy.org eSign Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 71.93.229.31 Sent: 5/15/2020 1:49:23 PM Viewed: 5/17/2020 6:33:16 PM Signed: 5/17/2020 6:33:51 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Shawna Freels shawna.freels@ci.gilroy.ca.us Mrs. Accela, Inc. Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 141.126.124.171 Sent: 5/17/2020 6:33:52 PM Viewed: 5/18/2020 10:00:20 AM Signed: 5/18/2020 10:00:43 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/17/2020 6:33:52 PM Certified Delivered Security Checked 5/18/2020 10:00:20 AM Signing Complete Security Checked 5/18/2020 10:00:43 AM Completed Security Checked 5/18/2020 10:00:43 AM Payment Events Status Timestamps