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Item 4H MemoItem 4H Page 1 of 3 M E M O R A N D U M (October 15, 2019) To: Shana Yelverton, City Manager From: Rob Cohen, Director of Public Works Subject: Authorize expenditures with Pace Analytical for various laboratory testing services to comply with Federal and State Regulatory Requirements in an amount not to exceed $90,000. Action Requested: Authorize expenditures with Pace Analytical for various laboratory testing services to comply with Federal and State Regulatory Requirements in an amount not to exceed $90,000. Background Information: As a Public Water System (PWS), the City of Southlake is required to comply with Texas requirements for monitoring, maintaining, and reporting drinking water disinfectant levels set forth under the Safe Drinking Water Act. The Safe Drinking Water Act is a federal law under the U.S. Environmental Protection Agency (EPA), with the Texas Commission on Environmental Quality (TCEQ) acting as the regulatory agency over the City. The City has the responsibility to ensure the water quality is maintained throughout the distribution system as it is delivered to Southlake’s customers. Therefore, the Public Works Department contracts with a third-party laboratory for various testing services to comply with Federal and State Regulatory Requirements. These laboratory services include: • Nitrification Action Plan (NAP) – Weekly sampling at 14 predefined test sites. • Lead and Copper Rule Monitoring – Yearly sampling at 30 locations. • Year 2 of the Unregulated Contaminant Monitoring Rule (UCMR4) Public Works also contracts with a third-party laboratory for 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’s (TRA) contractual limits, and Surface Water Quality testing to monitor and prevent environmental pollution. Item 4H Page 2 of 3 Financial Considerations: Contracts for laboratory testing services is exempt from bidding under the Texas Local Government Code Chapter 252, Section 252.022, General Exemptions (a)(2): A procurement necessary to preserve or protect the public health or safety of the municipality’s residents. In the FY 2020 adopted budget, City Council approved the funding for laboratory testing services of the following programs. Laboratory Testing Program Cost Drinking Water Quality – Nitrification Action Plan $ 62,000 Drinking Water Quality – UCMR4 Rule Year 2 $ 9,908 Drinking Water Quality – Lead & Copper Rule $ 3,900 Wastewater Effluent Quality – Fats, Oils, & Grease Program $ 10,080 Sub-Total $ 85,888 Emergency Sampling As Needed $ 4,112 Total $ 90,000 Funding for various laboratory testing services is provided in the annual operating budget of the Water Division . Expenditures are not expected to exceed budgeted funds. Strategic Link: This item links to the City’s Strategy Map strategic focus areas of Safety & Security and Performance Management & Service Delivery. It specifically relates to the City’s Corporate Objectives, C1: Achieve the Highest Standards of Safety & Security, and B2: Collaborate with Select Partners to Implement Service Solutions. Citizen Input/ Board Review: None. Legal Review: None. Alternatives: The City Council may approve or deny the request. Staff Recommendation: Authorize expenditures with Pace Analytical for various laboratory testing services to comply with Federal and State Regulatory Requirements in an amount not to exceed $90,000. Supporting Item 4H Page 3 of 3 Staff Recommendation: Authorize expenditures with Pace Analytical for various laboratory testing services to comply with Federal and State Regulatory Requirements in an amount not to exceed $90,000. Supporting Documents: Attachment A: Pace Proposal for UCMR4 Year 2 Testing Attachment B: Pace Proposal for All Other Testing Staff Contact: Rob Cohen, Director of Public Works Kyle D. Hogue, P.E., Deputy Director/City Engineer Jack Thompson, Operations Manager 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 100419 FY 2 Date:10/4/19 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:Oct 2019, Jan 2020, Apr 2020 AM3 Oct - Nov 2019 wk 1 & 3 Primary Lab: Ormond Beach Reqd. Certification:EPA Pace Contact: 386-676-4842 Becki.Day@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 Becki Day 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 6 Drinking Water Metals: Germanium & Manganese 200.8 $49.00 $294.00 6 Drinking Water Pesticides and Pesticide Byproducts 525.3 $189.00 $1134.00 6 Drinking Water Alcohols 541 $129.00 $774.00 6 Drinking Water Semivolatile Organics 530 $169.00 $1014.00 12 Drinking Water Haloacetic Acids - HAA5, HAA6 & HAA9 compounds 552.3 $129.00 $1548.00 0 Rush Container Set Handling, cost of FedEx Overnight Shipping will be added to cost $75.00 $0.00 $7868.00 $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 3 Container set provided on a rush basis, as required: 3Number 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: 24 Drinking Water Field Sampling, estimated total for all sampling events, hourly, portal to portal $85.00 $2040.00 $9908.00 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:6 Estimated total days of sampling: Total including field sampling and analysis of all samples for the 12 month monitoring period 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. 3 Estimated total days of sampling (some days may be concurrent with AM 3 depending on EPA schedule):3 Number of Entry Points to The Distribution System (EPTDS) to be sampled for all sampling events:2 12 We appreciate the opportunity to be of service to you. Please call Becki Day at 386-676-4842 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 2019-2020 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 $4500.00 Monthly Drinking Water Coliform Sampling and An alysis Parameter Price/Analysis ($) 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. Signatures: ___________________________________ Laura Hill Mayor ATTEST: __________________________________ Amy Shelley City Secretary