Item 4C - Memo FINAL[Type text]
Item 4C
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M E M O R A N D U M
(October 16, 2018)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve a contract with Pace Analytical for laboratory testing
services to comply with Federal and State Regulatory
Requirements on a variety of programs, including drinking
water quality, in an amount not to exceed $100,000
Action
Requested: Approve a contract with Pace Analytical for laboratory testing
services to comply with Federal and State Regulatory
Requirements on a variety of programs, including drinking water
quality, in an amount not to exceed $100,000.
Background
Information: Texas is required to adopt and enforce rules that are at least as
stringent as the rules set forth by the U.S. Environmental Protection
Agency (EPA) and the Safe Drinking Water Act. The Safe Drinking
Water Act is the federal law that protects public drinking water
supplies throughout the nation.
On April 1, 2016, the Environmental Protection Agency (EPA) and
the Texas Commission on Environmental Quality (TCEQ)
implemented the Nitrification Action Plan (NAP). This plan
increased sampling requirements for compliance with the Safe
Drinking Water Act. Public Water Systems distributing drinking
water are required to perform weekly NAP sampling at predefined
test sites. The NAP sampling plan requires the City to conduct
weekly sampling of various parameters to ensure the adequacy of
drinking water disinfection levels throughout the City’s water
distribution system. The NAP is just one component of the City’s
Water Quality Program to ensure public health and safety.
The City, also referred to as a Public Water System (PWS) by the
Texas Commission on Environmental Quality (TCEQ), is required
to comply with Texas requirements for monitoring, maintaining, and
reporting drinking water disinfectant levels to ensure public health.
Item 4C
The City of Southlake purchases its potable drinking water from the
City of Fort Worth through a Wholesale Purchase Agreement. This
water is delivered to the City’s two entry points at the pump
stations. It is then the responsibility of the City to ensure the water
quality is maintained throughout the City’s distribution system as it
is delivered to Southlake’s customers.
Southlake’s Drinking Water Quality Program includes daily chlorine
disinfectant residual sampling at 10 locations; weekly
bacteriological (Bac-T) testing at 30 locations; quarterly disinfection
byproduct testing at 16 locations; yearly lead and copper test ing at
30 locations; and weekly NAP monitoring at 14 locations.
Nitrification is a microbial process that results in the depletion of
drinking water disinfectant residual. Residual depletion is a
potential leading indicator of coliform bacteria growth throughout
our water storage and distribution systems. Therefore, nitrification
is aggressively being monitored by the Water Division.
The NAP specifically requires sampling and laboratory testing of
the following parameters:
monochloramines
ammonia,
nitrites,
nitrates,
pH,
temperature
The Public Works Department contracts with a third party
laboratory specifically for NAP monitoring and other drinking water
quality requirements including Lead and Copper Rule monitoring
and the Unregulated Contaminant Monitoring Rule (UCMR4).
Public Works also contracts with a third party laboratory on several
other programs affecting public health and the environment. These
programs include Fats, Oils and Grease (FOG) testing to monitor
wastewater effluent quality for compliance with Trinity River
Authority (TRA) contractual limits, and Surface Water Quality
testing to monitor and prevent environmental pollution.
Item 4C
Financial
Considerations: This contract for laboratory testing services is exempt from bidding
under the Texas Local Government Code Chapter 252 Sec tion
252.022 General Exemptions: (a)(2) “a procurement necessary to
preserve or protect the public health or safety of the municipality’s
residents.”
In FY 2017, the City spent $21,925 with Pace Analytical. In FY
2018 with the additional TCEQ requirements for NAP, the City
spent $62,531 with Pace Analytical. In FY 2019, the City anticipates
spending approximately $100,000 with Pace Analytical due to the
additional requirements for UCMR4. Funding for laboratory testing
of these programs is budgeted in the annual Public Works
Operations’ budgets.
Laboratory Testing Program Cost
Drinking Water Quality – Nitrification Action Plan $ 62,000
Drinking Water Quality – FY 2019 UCMR4 Rule Year 1
(Additional testing will be required in FY 2020 – Year 2)
$ 10,234
Drinking Water Quality – Lead & Copper Rule $ 3,900
Wastewater Effluent Quality – Fats, Oils, & Grease Program $ 9,240
Environmental Pollution Prevention – Burney Ln Surface Water
Sampling
$ 10,120
Sub-Total $ 95,494
4.7% contingency for emergency sampling as needed $ 4,506
Total $100,000
Strategic Link: This item relates to the City’s strategy map focus areas of Safety &
Security and Performance Management & Service Delivery. It
specifically relates to the City’s Corporate Objectives of (C1)
Achieve the highest standards of safety & security, and (B2)
Collaborate with select partners to implement service solutions.
Citizen Input/
Board Review: N/A
Legal Review: N/A
Alternatives: The City Council may approve or deny this contract.
Item 4C
Supporting
Documents: Attachment A: Pace Proposal for NAP Testing
Attachment B: Pace Proposal for UCMR4 Year 1 Testing
Attachment C: Pace Proposal for Lead & Copper Testing
Attachment D: Pace Proposal for FOG Wastewater Testing
Attachment E: Pace Proposal for Surface Water Testing
Staff
Recommendation: Approve a contract with Pace Analytical for laboratory testing
services to comply with Federal and State Regulatory
Requirements on a variety of programs, including drinking water
quality, in an amount not to exceed $100,000.
Staff Contact: Rob Cohen, Director of Public Works
Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public Works
September 19, 2018
Kyle Flanagan
City of Southlake
1950 E. Continental Blvd.
Southlake, TX 76092
Re: Pace Proposal for Water Quality Sampling and Testing Services
Dear Mr. Flanagan,
Pace Analytical Services, LLC is pleased to provide the City of Southlake with the attached proposal for
Water Quality Sampling and Testing Services. With this proposal we aim to alleviate some of the
obstacles of satisfying regulatory requirements for the City both from a human resource and cost
management perspective.
Pace Analytical Services, Inc. is the largest American owned environmental testing laboratory in
the USA.
Our laboratories in Allen, Texas and Ormond Beach, FL will handle all testing for this contract.
We will perform all testing in house without the use of subcontractors.
By utilizing our field capabilities Pace can take the burden of hiring and training field technicians
off of the City.
Pace will provide well-trained, licensed field technicians that will represent the City of Southlake
in a professional, courteous manner in front of its businesses and residents.
With the broad range of analytical services and NELAC accreditations, the City of Southlake can
rely on quality data delivered in a timely and cost effective manner.
We look forward to the opportunity to grow our relationship with the City of Southlake and appreciate
your time in considering this proposal. Should you have any questions or comments, please don’t
hesitate contact me.
Sincerely,
Greg Horton
Sales Manager
972.837.7937
greg.horton@pacelabs.com
Pace Analytical Services, LLC.
400 W. Bethany Drive – Suite 190
Allen, TX 75013
Phone: 972.727.1123
Fax: 972.727.1175
City of Southlake
Prices Effective
Oct. 1, 2018 through Sept 30, 2019
Pace Analytical Services, LLC.
400 W. Bethany Suite 190
Allen, TX 75013
(972) 727-1123
Weekly Nitrification Action Plan Sampling and Analysis
Parameter Price/Analysis ($)
Free ammonia Included
Monochloramine Included
Total Chlorine Included
pH Included
Nitrate Included
Nitrite Included
Temperature Included
Weekly Routine Field Sampling (15 per week) $1125.00
* Analysis performed in the field utilizing HACH SL1000
* Data downloaded into EDD within 24 hours
* Pace Analytical to purchase and store inventory of instrument consumables
Total Monthly Fee $4,500.00
Total Annual Fee (12 Months) $54,000.00
Additional Daily Sampling As Required **
**2 weeks but cannot exceed $8,000
Signatures:
___________________________________
Laura Hill
Mayor
ATTEST:
__________________________________
Carol Ann Borges, TRMC
City Secretary
Pace Analytical Services, Inc.
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.673.4001
Pace Quote No.:Southlake SW UCMR 4 Quote 092518 FY 1 Date:9/25/18
Organization:City of Southlake Shipping:
Street:1950 E. Continental Blvd
City, State & Zip:Southlake, TX 76092
Contact:Kyle Flanagan
Email:kflanagan@ci.southlake.tx.us
Phone:(817) 748-8638
Project Name:UCMR 4 for SW or GWUDI PWSs EDD:
PWS ID:TX2200075
Sampling Dates:Jul 2019 AM3 Aug - Sep 2019 wk 1 & 3 Primary Lab: Ormond Beach
Reqd. Certification:EPA Pace Contact:
813.731.1595
Paul.Jackson@pacelabs.com
UCMR 4 Sampling Information:
PWSs that purchase 100% of their water are not required to collect source water samples for TOC or bromide analyses.
Sampling for TOC and bromide must otherwise occur at source water influent locations representing untreated water entering
the water treatment plant (i.e., a location prior to any treatment).
SW/GWUDI systems subject to the D/DBPR TOC monitoring must use their D/DBPR TOC source water sampling site(s) from 40
CFR 141.132 for TOC and bromide samples.
SW/GWUDI systems that are not subject to D/DBPR TOC monitoring will use their Long Term 2 Enhance Surface Water
Treatment Rule (LT2) source water sampling site(s) (40 CFR 141.703) for TOC and bromide samples.
Groundwater systems that are subject to the D/DBPRs will take TOC and bromide samples at their influents entering their
treatment train.
TOC and bromide must be collected at the same time as HAA samples. These indicator samples must be collected at a single
source water influent using methods already approved for compliance monitoring.
EPA estimates that 2% of all Entry Point samples taken will be analyzed for Microcystins by EPA 544. That sample is analyzed
only if the Total Microcystins by EPA 546 test is ≥0.3 ug/L.
For more info see: UCMR 4
EPA mandated requirement is 120 calendar days
from sampling date. Pace TAT is typically <25
business days.
Turnaround
Time (TAT):
UCMR 4 container sets
and shipping to client
by FedEx Ground
included. Also included
is sample shipment
back to Pace by FedEx
Standard Overnight.
Data uploaded into EPA
CDX SDWARS by Pace
Paul Jackson
Page 1 of 5
Pace Analytical Services, Inc.
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.673.4001
Total
Qty. Matrix Test Description Method Unit Price Total
Laboratory Testing:
8 Drinking Water Total Microcystins 546 $139.00 $1112.00
8 Drinking Water Microcystin Congeners (analyzed only if Total
Microcystins 546 of EPTDS sample is ≥0.3
ug/L - EPA estimates that only 2% of all
samples will require this test method)
544 $0.00 $0.00
8 Drinking Water Anatoxin-a & Cylindrospermopsin 545 $249.00 $1992.00
2 Drinking Water Metals: Germanium & Manganese 200.8 $49.00 $98.00
2 Drinking Water Pesticides and Pesticide Byproducts 525.3 $189.00 $378.00
2 Drinking Water Alcohols 541 $129.00 $258.00
2 Drinking Water Semivolatile Organics 530 $169.00 $338.00
4 Drinking Water Haloacetic Acids - HAA5, HAA6 & HAA9
compounds
552.3 $129.00 $516.00
0 Rush Container Set Handling, cost of FedEx
Overnight Shipping will be added to cost
$75.00 $0.00
$4692.00
$0.00
Total, analysis of all samples for the 12 month monitoring period - does not include line item for
Microcystin Congeners EPA 544 - see above line item description (does not include any EPA
required resampling caused by shipping issues or client-taken samples received out-of-
temperature):
Additional cost if Microcystin Congeners EPA 544 is required for all samples (analyzed only if Total
Microcystins 546 of EPTDS sample is ≥0.3 ug/L - EPA estimates that only 2% of all samples will
require this test method):
Number of Entry Points to The Distribution System (EPTDS)
to be sampled for AM1 (4/12 month period on a quarterly basis, January-December):2
Number of Entry Points to The Distribution System (EPTDS) to
be sampled for AM3 (2/month for 4 consecutive months, March-November):2
Number of sampling events:4
1
Container set provided on a rush basis, as required:
1Number of sampling events:
Number of Stage 2 Disinfectants and Disinfection Byproducts Rule Sampling Locations
(D/DBPR) to be sampled for AM2 (4/12 month period on
a quarterly basis, January-December):
4
Number of sampling events:
Page 2 of 5
Pace Analytical Services, Inc.
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.673.4001
Optional Field Sampling:
AM 3 for Microcystins/Cyanotoxins:
AM 1 and 2 for all other parameters:
10 Drinking Water Field Sampling, estimated total for all sampling
events, hourly, portal to portal
$85.00 $850.00
$5542.00
Notes:
Estimated Drive Time in hours, to sites and back, per sampling event - total of 10
sampling events: (24 miles)1
Estimated Drive Time in hours, to sites and back, per sampling event - total of 10
sampling events: (24 miles)1
Number of Entry Points to The Distribution System (EPTDS) to be sampled for all
sampling events:2
Estimated total days of sampling:
=
Number of Source Water Intake Locations (SR) to be sampled for all sampling events:0
Number of Stage 2 Disinfectants and Disinfection Byproducts Rule Sampling Locations
(D/DBPR) to be sampled for all sampling events:
If you have specific questions about any conditions noted below please contact your Pace Analytical Representative.
• Proposal expires 60 days from created date above, unless accepted, signed and returned.
• 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.
• TAT (Turn-around Time) is in working/business days unless otherwise specified above.
• To ensure requested TAT is available, please coordinate with your Pace Analytical Projct Manager 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 FedEx Ground 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.
• Sample containers can’t be reused by the lab once they have been distributed to a client. Pace reserves the right to charge for returned unused containers.
• Disposal fees apply to all samples placed on hold and not analyzed.
• Samples are retained by Pace for 30 days after sample receipt.
4
Estimated total days of sampling (some days may be concurrent with AM 3 depending
on EPA schedule):1
Number of Entry Points to The Distribution System (EPTDS) to be sampled for all
sampling events:2
4
We appreciate the opportunity to be of service to you.
Please call Paul Jackson at 813-731-1595 for questions concerning this quote.
Pace is certified for drinking water analysis in the following states, and is U.S. EPA approved
for all UCMR 4 test methods in all states:
AL, AZ, CO, CT, FL, GA, HI, IL, IN, KS, KY, LA, ME, MA, MI, MS, MO,
MT, NV, NH, NJ, NY, NC, PA, TN, TX, VA, WA, WV, WI, WY,
Puerto Rico, U.S. Virgin Islands, and Guam.
Page 3 of 5
Pace Analytical Services, Inc.
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.673.4001
4. Intellectual Property/Ownership - Pace shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while performing services pursuant to
the Contract Paperwork.
3. Data - Pace will provide Cilent with data as specifed in the Contract Paperwork. Following final report issuance, Pace will retain back-up data for up to three (3) years and final
reports for up to five (5) years. Pending Client's payment in full for Pace's contracted services, Pace may retain any Client data not already released.
6. Sample Delivery, Acceptance, and Containers - Client shall provide Pace with at least 10 business days' prior written notice of the delivery of any sample(s). Within 72 hours
following Client's notice, Pace shall issue a written rejection of the sample(s) or its acceptance may be presumed. Notwithstanding the foregoing,Client shall remain liable for any
loss or damage to the sample(s) until Pace evidences its acceptance on the chain of custody documents. Pace reserves the right to charge for any sample container(s) that are: a)
provided to, but not used, by Client; or b) received by Pace, but not analyzed at Client's request.
Pace Analytical Services, Inc. - TERMS & CONDITIONS
1. Controlling Provisions - These Standard Terms and Conditions ("Terms") govern the agreed-upon services (the "Project) that Pace Analytical ___________("Pace") will perform
on behalf of ___________("Client") (collectively, the Parties) and superseded any other written provisions (including purchase/work orders) related to the Project, as well as prior
discussions, courses of dealing, or performance.
2. Warranty - Pace hereby warrants that it will: 1) conduct all tests and observations using the protocols and laboratory procedures as specified in accepted task orders, scopes of
work, proposals, or written instructions ("Contract Paperwork"); and 2) uphold the reasonable scientific and engineering standards in effect in the industry at the time the service/s
is/are performed. If Client subsequently, including pursuant to an executed amendment, direct different procedures and/or protocols, which may or may not involve the use of any
third-party laboratory or contractor, Pace cannot warrant the results and Client shall hold Pace harmless from all claims, damages, and expenses arising from Client's direction.
5. Non-competition - Client shall not solicit or recruit Pace personnel for at least 12months following the termination of the Project governed by these Terms.
c) Client's failure to pay within 60 days of Pace's dated invoice shall constitute a material breach of these Terms, for which Pace may terminate all of its duties hereunder without
liability. If Pace must subsequently take action to collect payment, Client shall pay all associated costs thereof, including attorneys' fees. Any significant changes to the scope of
work following the submittal of a price quotation or the delivery of samples to the laboratory are subject to a renegotiation of prices and/or terms relating to the original scope of
work. Qualifying changes may include, but are not limited to: QA/QC requirements and procedures: detection limits; samples received and stored, but not analyzed; a decrease in
quantity of samples delivered compared to quantity quoted; and reporting and other deliverable format requirements. Pace shall not be required to comply with such changes
unless Pace agrees to them in writing.
11. Risk Allocation and Damages - Client accepts that the Project may involve inherent risks and that Pace cannot always guarantee satisfactory results.
Notwithstanding the foregoing, if a court of competent jurisdiction finds that Pace failed to meet applicable standards and if Client suffers damages as a result,
Pace's aggregate liability for its negligence or unintentional breach of contract shall not exceed the total fee paid for its services.
This limitation shall not apply to losses arising from Pace's negligence or willful misconduct, so long as:
a) Client notifies Pace within: 30 days from the date of discovery of Pace's claimed negligence or misconduct; or two years from the date of the Client's claimed losses; and
b) Pace is allowed to investigate and, insofar as possible, mitigate Client's claimed losses.
Neither Pace nor Client shall be liable to the other for special, incidental, consequential, or punitive losses, except as allowed in Section 12. Client Responsibilities below.
7. Sample Storage and Disposal - Pace shall dispose of any non-hazardous sample(s) within 30 days following the issuance of Client's final report. In addition, Pace may return,
and Client must accept, any/all highly hazardous, acutely toxic, or radioactive sample(s), sample containers, and residues, as well as any/all sample(s) for which no approved
method of disposal exists.
8. Non-Assignment - Neither party may assign or transfer any rights or obligations existing under these Terms without prior written notice to the other party, except that Pace may,
without notice to its Client: a) transfer the Project to another Pace laboratory; or 2) subcontract the Project to a third-party laboratory.
9. Time of Completion; Force Majeure - Pace shall use its best efforts to accomplish the Project within any specified time limiations. Pace shall not be held responsible for any non-
performance or delay caused by Client, Client's employee, agents, or contractors, or factors or events beyond Pace's control, such as government shutdowns, natural disasters,
labor strikes or acts of God.
10. Compensation -
a) The pricing offered to Client by Pace is predicated upon Client's acceptance of these Terms. In most cases, the pricing includes all sample containers and preservatives as
prescribed by the analytical method requested for each determination. Credit worthiness will be determined based upon an assessment of Client's payment history, credit reports,
financial stability, and/or other factors. If Pace is serving as a subcontractor for Client, Pace may seek and receive information about the Prime Client prior to granting credit. If
credit is not granted, Client must pay Pace prior to initiation of the Project.
b) Client agrees to pay for services as documented by Pace and accepted by Client. Payment terms for uncontested invoice items are net 30 days. Client must notifiy Pace in
writing within 15 days of its receipt of the invoice in order to suspend its payment and interest obligations for any disputed invoice items pending resolution. Beginning 30 days after
the invoice date, Pace may charge interest on all unpaid and undisputed balances at the rate of 1.5% per month, not to exceed the maximum rate allowed by law. Client may ask
Pace to invoice a third party, although Client shall remain ultimately responsible for the payment of any outstanding balance.
Page 4 of 5
Pace Analytical Services, Inc.
8 East Tower Circle
Ormond Beach, FL 32174
386.672.5668
fax 386.673.4001
Date:
Printed Name:
Signature:
14. Insurance - Pace carries liability insurance with limits as follows:
General Liability - $1,000,000 each occurrence: $2,000,000 general aggregate;
Personal and Advertising Injury - $1,000,000;
Automobile Liability - $1,000,000 combined single limit;
Excess Liability Umbrella - $5,000,000 aggregate; $5,000,000 each occurrence;
Worker's Compensation Insurance - statutory limits; and
Professional Liability - $5,000,000 aggregate, $5,000,000 per claim
Pace will, at Client's request, submit certificates of insurance showing limits of coverage.
15. Amendments/Change Orders - 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. Any such changes may increase the amount due Pace and affect Pace's obligations towards Client (see Section 2. Warranty).
17. Miscellaneous Provisions -
a) These Terms supersede all prior negotiations and agreements, written or oral, between Pace and Client with respect to this matter; in no event will other terms - excepting those
contained in any individual task order(s) relating to this matter - be considered part of these Terms.
b) In the abscence of an executed agreement between the Parties, the delivery of any sample(s) to a Pace laboratory will constitute acceptance of these Terms by Client.
c) These Terms shall be construed and interpreted in accordance with the laws of the State of Minnesota without giving effect to the principles of conflicts of law thereof.
d) Client may publicly identify Pace's role as its testing laboratory so long as it immediately retracts or eliminates all such references upon termination of these Terms or Pace's
written request.
e) For purposes of these Terms, 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.
f) Pace is an independent contractor; no employer/employee relationship shall arise as a result of the Project.
g) These Terms shall be binding upon, and inure to the benefit of, the Parties and their respective successors and assigns.
Additional Pricing Considerations:
12. Client Responsibilities - Client shall:
a) Provide Pace with full and complete information about all known or reasonably knowable factors that could affect Pace's ability to perform its obligations, and promptly notifiy
Pace if it discovers same following Project initiation;
b) Enable access by Pace personnel and/or subcontractor to any site where Pace is to perform work, and to all Client personnel who are critical to the success of the Project;
c) Obtain, on behalf of Pace, any authority or permission required by any third party;
d) Provide Pace with at least 10 business day's notice of any known or reasonably knowable delay regarding the start-up, progress, or completion fo the Project; and
e) Pay for Pace's reasonable costs to perform any out-of-scope services, such as compliance audits, responding to subpoenas, etc.
If Client defaults on any of these responsibilities and Pace incurs labor and/or material costs as a result, Client shall reimburse Pace for its actual expenses, as well as any lost
profits directly attributable to Client's default.
16. Confidentiality - Each party agrees that if, during the performance of the Project, it becomes aware of any confidential or proprietary information of the other, it will not disclose
such information except to those employees, subcontractors, or agents who have expressly agreed to maintain confidentiality.
I have read and understand these terms and conditions:
Pace Analytical Services, Inc. - TERMS & CONDITIONS - Continued
13. Indemnification - Pace shall indemnify and hold Client harmless from and against any demads, losses, damages, and expenses caused by Pace's negligence or willful
misconduct, as well as by the negligence and willful misconduct by persons for whom Pace is legally responsible. Client shall likewise indemnify and hold Pace harmless from and
against the demands, losses, damages, and expenses caused by Client's negligence or willful misconduct, including Client's use of Pace's name and/or registered mark for
anything other than the specific purpose for which it was intended. In addition, Client shall fully indemnify Pace from and against any and all claims by a third party, as well as for
all related losses, costs, fees, damages, liabilities or expenses arising out of or relating to Client's breach of these Terms or its violation of applicable laws.
Page 5 of 5
City of Southlake
2018-2019 Pricing
Pace Analytical Services, LLC.
400 W. Bethany Suite 190
Allen, TX 75013
(972) 727-1123
Weekly Nitrification Action Plan Sampling and Analysis
Parameter Price/Analysis ($)
Free ammonia Included
Monochloramine Included
Total Chlorine Included
pH Included
Nitrate Included
Nitrite Included
Temperature Included
Weekly Field Sampling (15 per week) $1125.00
* Analysis performed in the field utilizing City of Southlake instrumentation HACH SL1000
* Data downloaded into EDD and emailed by 9am following sampling date
* Pace Analytical to purchase and store inventory of instrument consumables
Total Monthly Fee $4500.00
Monthly Drinking Water Coliform Sampling and Analysis
Parameter Price/Analysis ($)
Total Coliform SM9223B $20.00
Monthly Field Sampling for Total Coliform Samples (30 per month) $750.00
* Analysis performed at the Pace Fort Worth Service Center
* 3 day turnaround time with immediate notification of a positive result
Total Monthly Fee $1350.00
Monthly Resturant Sampling and Inspection
Parameter Price/Analysis ($)
Biochemical Oxygen Demand (BOD) SM5210B $28.00
Total Suspended Solids (TSS) SM2540D $15.00
Oil & Grease EPA 1664 $40.00
pH SM4500H+B Included in Field
Monthly Field Sampling and Inspection per City of Southlake inspection checklist (10 restuarants
per month) $1000.00
* Analysis performed at the Pace Dallas Laboratory
* 7 day turnaround time
Total Monthly Fee $1830.00
Quarterly Lead and Copper Sampling and Analysis
Parameter Price/Analysis ($)
Lead EPA 200.8 $15.00
Copper EPA 200.8 $15.00
Sample Coordination and Pick Up per residence (30 sites between June - Sept) $3000.00
* Analysis performed at the Pace Florida Laboratory. TCEQ accreditation pending for Dallas lab.
* 7 day turnaround time
Total Annual Fee $3900.00
Miscellaneous Analysis
Parameter Price/Analysis ($)
Heterotrophic Plate Count $45.00
TTHM $115.00
Haloacetic Acid $115.00
BOD (each) $28.00
Standard turn around time is 5 to 7 working days. Outside of turnaround times noted in pricing above, the following
expedited services are available.
Same Day: Analysis is performed the same day the sample is delivered to the laboratory, or as fast as the test can
be viably performed is available for a 200 percent surcharge.
Immediate: 24-48 hour service is available for a 100 percent surcharge.
Rush: 3 Business Days day service is available for a 50 percent surcharge.
Expedite: 4 working day service is available for a 25 percent surcharge.
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
Pace Analytical Services, Inc.: Terms and Conditions
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.
•Proposal expires 60 days from created date above, unless accepted, signed and returned.
• 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.
• 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.
$9,240.00Grand-Total
City of SouthlakeShip To Name
1950 E. Continental Blvd
Southlake, TX 76092
Bill To
City of SouthlakeBill To Name
TCEQ NELAPCertification
Requirements
9/25/2018Created Date
7 Business DaysTurn Around Time
TexasProject Location
Fats, Oils and Grease Program - Wastewater
Sampling & Inspections
Quote Name
greg.horton@pacelabs.comEmail
(972) 727-1123Phone
Greg HortonPrepared By
00052481Quote Number
jthompson@ci.southlake.tx.usEmail
(817) 748-8103Phone
City of SouthlakeAccount Name
Jack ThompsonContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Product Sales Price Sub-Total Total-Price
55.00 SM 5210B Biochemical Oxygen Demand (BOD5)$28.00 $1,540.00 $1,540.00
55.00 Courier Service $100.00 $5,500.00 $5,500.00
55.00 EPA 1664A Oil & Grease, Water (Gravimetric)$40.00 $2,200.00 $2,200.00
55.00 SM 4500H+B pH (Corrosivity) (water)$0.00 $0.00 $0.00
Additional Pricing Considerations:
Terms and Conditions
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of
_________________________ (“Client”) (collectively, “Parties”), 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 Parties, or the Parties subsequently agree to terminate or amend these Terms, as allowed
in Sections 8 and 10, respectively.
: 1. Definitions
: The maximum amount of time a sample may be stored before being analyzed.Holding Time
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)
either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG)
: The maximum allowable period within which Lab must report out its analytical testing results to Client, calculatedTurnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one of the following steps to initiate Lab’s services:
i. Submit a completed (hard-copy) purchase order
ii. Place a telephone order
iii. Email a request
iv. Attach a completed purchase order to an email
v. Approve Lab’s quotation, or
vi. Place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide:
i. A minimum of five (5) days’ prior notice
ii. The name of the responsible project manager
iii. The name of the person submitting the sample
iv. The specific collection site
v. The date and time of collection
vi. The specific testing being requested, and
vii. Sufficient details about reporting requirement(s).
c. Client shall also:
i. Remain liable for any or to SDAloss damage sample(s) until
ii. Pay all invoices in full on a net 30 basis or as otherwise agreed in writing
iii. Notify Lab about any disputed charges or results within 30 days of receiving applicable invoice
iv. Reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent payments
v. Pay for any services it orders on any sample(s) already analyzed by Lab.
vi. Obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,
(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)
vii. Refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab services
viii. 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
ix. Obtain Lab’s prior written consent before publishing Lab’s name and/or any data
x. 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)
xi. Excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other
“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,
or acts of God; and
xii. Accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extent
they were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s use
of Lab’s name and/or 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. Promptly notify Client of any:
c. Missing sample(s) and/or sample(s) received in damaged, contaminated, or improperly preserved condition, or
d. Subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.
d. Assume responsibility for the quality of its services.
e. Prepare and maintain accurate records.
f. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
g. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge on
any unpaid balances.
h. Invoice Client for each sample or SDG as reported.
i. Assume risk of loss or damage to any Client sample(s) upon SDA.
j. 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.
k. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) 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.
l. 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 Discretion
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 a risk
c. Charge or bill Client directly for:
i. reasonable attorneys’ fees
ii. any supplies (including containers) that are not used or returned
iii. outbound/return shipping
iv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereof
v. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise required
vi. a minimum fee for invoicing and/or handling samples, and
vii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
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
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentiality
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.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Law
the principles of conflicts of law thereof.
Lab and Client shall perform the services identified in the applicable purchase order or other agreement until completed or: 7. Term
terminated in accordance with Section 8. below
:8. 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.
:9. 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:
c. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and
d. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.
e. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitive
damages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Order
reduced to writing and signed by both Parties.
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to five (5):11. Storage of Data
years depending upon the applicable requirements.
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Property
performing services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competition
governed by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignment
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.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insurance
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.
:16. 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.
c. Lab and Client 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 Lab and Client.
f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
[Client]
By:
Name:
Title:
Date:
Pace Analytical
By:
Name:
Title:
Date:
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
If you have specific questions about any conditions noted below, please contact your Pace Analytical Representative.
•Proposal expires 60 days from created date above, unless accepted, signed and returned.
• 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.
• 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.
$10,120.00Grand-Total
City of SouthlakeShip To Name
1950 E. Continental Blvd
Southlake, TX 76092
Bill To
City of SouthlakeBill To Name
TCEQ NELAPCertification
Requirements
Level IIReport Level
9/24/2018Created Date
7-10 Business DaysTurn Around Time
Southlake, TexasProject Location
Burney Lane Stormwater Quality ProjectQuote Name
greg.horton@pacelabs.comEmail
(972) 727-1123Phone
Greg HortonPrepared By
00052401Quote Number
acarlisle@ci.southlake.tx.usEmail
City of SouthlakeAccount Name
Ashley CarlisleContact Name
Contact Information
Project Information
Address Information
Quote Details
Quantity Method Product Sales Price Sub-Total Total-Price
40.00 SM 9222D Bacteria, Fecal Coliforms (Membrane Filtration)$50.00 $2,000.00 $2,000.00
40.00 SM 5210B Biochemical Oxygen Demand (BOD5)$28.00 $1,120.00 $1,120.00
40.00 SM 4500 NH3 Nitrogen, Ammonia (water)$20.00 $800.00 $800.00
40.00 EPA 608 Pesticides / PCBs (wastewater)$140.00 $5,600.00 $5,600.00
40.00 SM 2540D Solids, Total Suspended (TSS)$15.00 $600.00 $600.00
Additional Pricing Considerations:
Terms and Conditions
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
Pace Analytical Services, Inc.: Terms and Conditions
These Standard Terms (Terms) govern all services that Pace Analytical ______________ (“Lab”) will perform on behalf of
_________________________ (“Client”) (collectively, “Parties”), 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 Parties, or the Parties subsequently agree to terminate or amend these Terms, as allowed
in Sections 8 and 10, respectively.
: 1. Definitions
: The maximum amount of time a sample may be stored before being analyzed.Holding Time
: The date and time when Lab officially receives a sample or Sample Delivery Group, as evidenced bySample Delivery Acceptance (SDA)
either a notation on the Chain of Custody or an entry in the Lab’s information management system (LIMS).
: A set of samples normally shipped and reported to the Lab as a group.Sample Delivery Group (SDG)
: The maximum allowable period within which Lab must report out its analytical testing results to Client, calculatedTurnaround Time (TAT)
from the date of SDA.
:2. Client’s Obligations
a. Client must complete one of the following steps to initiate Lab’s services:
i. Submit a completed (hard-copy) purchase order
ii. Place a telephone order
iii. Email a request
iv. Attach a completed purchase order to an email
v. Approve Lab’s quotation, or
vi. Place an order for Lab’s supplies via Lab’s website.
b. Subject to occasional, mutually agreed-upon exceptions, Client must, for each sample delivered to Lab, provide:
i. A minimum of five (5) days’ prior notice
ii. The name of the responsible project manager
iii. The name of the person submitting the sample
iv. The specific collection site
v. The date and time of collection
vi. The specific testing being requested, and
vii. Sufficient details about reporting requirement(s).
c. Client shall also:
i. Remain liable for any or to SDAloss damage sample(s) until
ii. Pay all invoices in full on a net 30 basis or as otherwise agreed in writing
iii. Notify Lab about any disputed charges or results within 30 days of receiving applicable invoice
iv. Reimburse Lab for any costs, including attorneys’ fees, required to collect delinquent payments
v. Pay for any services it orders on any sample(s) already analyzed by Lab.
vi. Obtain Lab’s prior written consent before assigning billing or payment of Lab services to any credit-worthy third party,
(failure to do so shall mean Client remains responsible for the payment of any outstanding balance)
vii. Refrain from using any of Lab’s supplies (e.g., sample containers) in connection with any non-Lab services
viii. 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
ix. Obtain Lab’s prior written consent before publishing Lab’s name and/or any data
x. 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)
xi. Excuse Lab for any failure or delay in its performance caused by Client, a person for whom Client is responsible, or other
“Force Majeure” event or circumstance beyond Lab’s control, such as government shutdowns, natural disasters, labor strikes,
or acts of God; and
xii. Accept responsibility for any claims, damages, losses, expenses, etc. (including reasonable attorneys ’ fees) to the extent
they were caused by Client’s: breach of these Terms; negligence or willful misconduct (which expressly includes Client’s use
of Lab’s name and/or 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. Promptly notify Client of any:
c. Missing sample(s) and/or sample(s) received in damaged, contaminated, or improperly preserved condition, or
d. Subpoena or similar legal/administrative order requiring action by Lab so that Client might also take appropriate action.
d. Assume responsibility for the quality of its services.
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
e. Prepare and maintain accurate records.
f. Obtain or maintain any permit(s), license(s), or certification(s) as necessary for the performance of its services.
g. Charge its fees on a net 30 basis (unless otherwise agreed), including a one and a half percent (1.5 %) per month late charge on
any unpaid balances.
h. Invoice Client for each sample or SDG as reported.
i. Assume risk of loss or damage to any Client sample(s) upon SDA.
j. 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.
k. Indemnify Client for any claims, damages, losses, expenses, etc. (including reasonable attorneys’ fees) 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.
l. 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 Discretion
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 a risk
c. Charge or bill Client directly for:
i. reasonable attorneys’ fees
ii. any supplies (including containers) that are not used or returned
iii. outbound/return shipping
iv. disposal of any air samples that have not been reclaimed within seven (7) days of Lab’s SDA thereof
v. disposal of any other samples that have not been reclaimed within 30 days of Lab’s SDA thereof, or as otherwise required
vi. a minimum fee for invoicing and/or handling samples, and
vii. any sample that underwent SDA, but was subsequently, at Client’s direction, not analyzed.
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
: The Parties agree that they will take all reasonable precautions to prevent the unauthorized disclosure of any proprietary or5. Confidentiality
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.
These Terms shall be construed and interpreted pursuant to the laws of the State of Minnesota without giving effect to:6. Governing Law
the principles of conflicts of law thereof.
Lab and Client shall perform the services identified in the applicable purchase order or other agreement until completed or: 7. Term
terminated in accordance with Section 8. below
:8. 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.
:9. 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:
c. Notifies Lab of any issue within thirty (30) days of receiving applicable invoice, and
d. Allows Lab to defend its data, even to a regulatory agency that may have previously rejected same.
e. Notwithstanding the foregoing, neither Lab nor Client shall be liable to the other for special, incidental, consequential, or punitive
damages.
Any attempt to modify, vary, supplement, or clarify any provision of these Terms is of no effect unless: 10. Amendment/Change Order
reduced to writing and signed by both Parties.
Following final report issuance, Lab will retain back-up data for up to three (3) years and final reports for up to five (5):11. Storage of Data
years depending upon the applicable requirements.
Pace Analytical Services, LLC
400 W. Bethany
Allen, TX 75013
Phone: 972-727-1123
Fax: 972-727-1175
: Lab shall retain sole ownership of any new method, procedure, or equipment it develops or discovers while12. Intellectual Property
performing services for Client pursuant to these Terms. Lab may, however, grant a license to the Client for its use of same.
Client shall not solicit or recruit any Lab personnel for at least 12 months following the termination of the services:13. Non-competition
governed by these Terms.
Neither party may assign or transfer any right or obligation existing under these Terms without prior written notice to the:14. Non-assignment
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.
Lab carries insurance with the limits of coverage as indicated below and will, upon Client’s request, submit certificates of:15. Insurance
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.
:16. 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.
c. Lab and Client 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 Lab and Client.
f. If any Term herein is invalidated or deemed unenforceable, it shall not affect the validity or enforceability of the other Terms.
Client and Lab have executed this Agreement through their duly authorized representatives as of the last dateIN WITNESS WHEREOF,
below:
[Client]
By:
Name:
Title:
Date:
Pace Analytical
By:
Name:
Title:
Date: