Item 4H MemoItem 4H
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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
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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
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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:
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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.
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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.
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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.
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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